Sports Injury in Devon
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I suffered an injury playing sport. Can I claim compensation?
People often think that if an injury occurs while playing sports, there is nothing they can do. This is simply not true. If the sport is supervised, there may well be a duty of care on the part of the organisers. Even during informal recreational sport, the law expects people to behave responsibly and not inflict injury on others.
You would not be able to claim if you were injured by a simple sports accident such as a fair football tackle or if the organisers had taken every care to ensure your safety. However, if the sport organiser knew there was a risk they hadn’t warned you about, or taken reasonable measures to avoid, you may well be able to claim compensation. Similarly, if another player did something which they might reasonably have expected to risk injury to you, you might be able to claim against that player.
Will I get less compensation for a sports injury
The actual amount of compensation awarded is calculated according to the degree of injury (and subsequent effects) and the extent to which someone else was to blame. How any given injury was sustained is not the primary factor. It may be considered that, by playing sport, you accepted a level of risk, but that does not affect the liability of others if they caused you injury through negligence or malice.
Personal Injury Claim Lawyers in Devon
If you have suffered an injury which wasn’t your fault, you should consult a specialist personal injury lawyer. The effects of an injury can be wide ranging and more than your legal rights are involved in determining your eligibility for, and amount of, compensation. For this reason, a lawyer requires a combination of legal and medical expertise, and most personal injury lawyers will have built up a list of useful contacts and barristers’ chambers to call on when specialist advice is required.How can I recognise a specialist personal injury lawyer?
In the first instance, check that your lawyer’s firm includes lawyers who are accredited members of the two principle legal bodies in this field; the Association of Personal Injury Lawyers (APIC) and the Law Society’s personal injury panel. You should also ask if they have lawyers who belong to associations for the specific injury your claim is about – for example the Spinal Injuries Association or the Headway Panel.
You should also ask your lawyer about their record in personal injury claims. Can they give you any case histories of successful claims similar to yours?
How can I pay the lawyer’s bills for my personal injury claim?
With the exception of medical negligence, legal aid is generally no longer available for personal injury claims. This means you will have to agree payment with the lawyer yourself. Fortunately, lawyers are able to act on a Conditional Fee (“No Win, No Fee”) basis. This means your lawyer bears the cost of the claim until you have been awarded compensation. Depending on the type of agreement you have, your lawyer will then either claim his fees from your opponent, or take a percentage of your compensation as a “success fee”.
Will my lawyer charge me for costs if I lose my personal injury claim?
Before agreeing to work on a conditional fee basis, a competent personal injury lawyer will assess the merits of the claim. If you and your lawyer decide to proceed you may have to take out an insurance policy to cover both your and your opponent’s lawyers’ fees in the event that you lose your claim.