Serious sports injuries do not only happen to professional
athletes, they are an everyday occurrence that could happen every time a person
steps on a court, field, track, or rink. A sports injury can be debilitating
and cause a multitude of negative impacts on a person’s life. Sports injury compensation claims are legal actions taken as a result of
a sports injury, which is recognized as a bodily ailment directly resulting
from physical activity. Since no two accidents are the same, there is much
variation in how to approach a sports injury compensation claim.
The most common type of injury occurs from over use and repetitive motion. The
other involves a single incident of high-impact trauma. Successful sports injury compensation claims are most often involving the
second type of injury where there is a clear indication of who was at fault for
the accident. However it is possible to make a claim for a repetitive injury
especially if faulty equipment or gear is used.
It is usually difficult to make claims when you are a
willing participant in a sporting event. This is especially the case if a waver
has been signed acknowledging and accepting the risks of participation.
However, there are two main ways for a sports injury case to be successful. The
first would involve negligence; the second would claim wilful conduct.
Negligence
In the case of negligence, the defendant (person or party
being blamed for the accident) must have established responsibility for the
injured player. There must have been some kind of reckless disregard for safety
that would have foreseen an accident. This negligence would most likely lay
with the coach, or event organizer and the case would therefore be made against
those people. An example of this would be a player not being given proper
safety equipment or instruction on how to safely engage in an activity.
However, if the injured person is also at fault for their own injury and has
demonstrated negligence against themselves, the case against the defendant may
be dropped, or the damages significantly reduced.
Wilful Conduct
Wilful conduct differs from a sports
injury compensation claim of negligence considerably. Wilful conduct
implies there was intent to harm. Meaning the defendant consciously,
deliberately and voluntarily harmed the injured person. In this case, the
defendant would be targeted directly as the main reason for the accident. These
circumstances can be malicious and violent, and some extreme cases can end with
the defendant serving a jail sentence.
Reasons for Sports
Injury Claims
A sport injury can be devastating for the injured person.
Sports injury compensation claims make it possible for
an injured person to be provided with compensation for their suffering. The
most commonly sought after compensation comes in the form of money. The
justification behind seeking financial compensation is for medical expenses
incurred by the injury, and impacts the sports injury has had on one’s ability
to make a living. Making a sports injury compensation claim is
a suitable action to make when appropriate. It is important to connect with a
lawyer with knowledge on this subject for further assistance.