- Gathering information and evidence is key
- Special damages to cover both losses and future expenditure can be awarded
- Future prospects following the injury are also considered
What to do first
First and foremost when suffering a sports injury, it is vital that you get medical help and ensure you are seen to by a professional as a matter of priority. This will not only help put you on the right path to recovery, but will also go onto your medical records which will be essential when trying to reclaim damages in the future.
Collect the right evidence
Do your best to collect as much information together as possible to aid with your claim. Take pictures of any defect equipment or playing surfaces and gather details of any witnesses who were there at the time when the injury occurred. Keeping hold of any proof (such as receipts) of injury related expenses is a necessity as it could well be the case that you are able to reclaim these expenses at a later date. In all cases like this, medical documents and other evidence will be required for a successful claim. The party who you are making a claim against must be in breach of their duty of care whilst you are on their property or using their equipment.
What will an award include?
When putting together a successful claim for your compensation, there will be two components to every compensation award. The first is general damages and this will include and pain you have gone through as a result of your injury and compensate for general things you could do before but are no longer able to do. This can be for a minimal amount of time after the accident occurred or for the remainder of your life, whichever the medical evidence shows is most appropriate. Special damages covers the losses you have suffered as well as any subsequent expenses. Keep hold of any documentation and receipts that shows this so they can be reclaimed. The purpose of this compensation is to put you back in a position as if you were not injured in the first place. Serious injury can also be considered if you are no longer able to work. Costs for housing modifications, equipment and care are also taking into consideration and calculated into the compensation claim.
The courts can also provide a financial award which takes into account the fact a person’s prospects are no longer the same as before due to the injury suffered.
Remember, getting advice from a qualified lawyer is vital. Someone who has the vast experience of similar injures and claims is hugely important in getting the claim together to get you the compensation you deserve. All good injury lawyers will offer a no win, no fee system where the legal costs will be recovered from the liable side.
- I have a sports injury – can I claim? Part 1
- Brief guide to making a Personal Injury Claim
- Medical Accidents and the Claims Procedure