Sports Injury Compensation Claims
If your life, or the life of a loved one, has been affected by a sports injury we can help.
The purpose of this guide is to help anyone who has suffered a sports injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
In our guide to claiming
sports injury compensation:
Sports injuries are very common. Every year around 1.5 million people attend Accident and Emergency departments with a sports-related injury according to the Journal of Sports Therapy.
Common causes of sporting injuries include dangerous ground conditions such as frozen pitches or badly maintained sports venues, dangerous or illegal tackles and defective equipment.
Coaching players to use dangerous tactics or being given poor medical advice associated with an existing condition can all lead to injury.
Contact sports such as football or rugby often lead to leg fractures when tackles go wrong, and neck and back injuries especially in the scrum.
Accidents in non-contact sports such as horse riding, often occur due to inconsiderate drivers or faulty equipment and can cause serious head and spinal injuries. Horse riding accidents frequently occur in remote locations, often needing services like The Air Ambulance Service to rescue and treat the rider before taking them to the appropriate hospital.
Participants in contact sports such as martial arts, rugby or football are at greater risk of injury. When assessing a claim, the courts must decide whether the injury resulted from an intentional or reckless disregard for the injured party's safety. Courts do not tend to award compensation if the injury is viewed as an error of judgement or is a sporting occupational hazard.
Claims for non-contact sports injuries, such as those sustained during snowboarding or skiing are common. Compensation claims can often be brought against the resort operator if it can be established that proper safety precautions were not in place.
Injuries are also common in seemingly less dangerous sports. Injuries are common with golf and racquet based sports. Charlotte Fox of Green and Purple said, "Tennis injuries usually affect the lower extremities such as legs, knees, Achilles tendons and ankles. Injury rates range from around 1 to 6 per 1,000 hours of tennis - depending on the age and experience of the player."
Do I have a sports injury claim?
It should be possible to make a sports injury claim if your injury occurred:
- within the last three years, and;
- another person was to blame, and;
- that person owed you a duty of care.
Claim eligibility - Common questions
What if a child was injured?
The 3 year rule does not apply to minors.
A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a sports injury claim on their own behalf.
What if the other party denies liability?
If the defendant denies liability, your solicitor will build the strongest possible case in order to prove that the defendant is responsible for your sports injury. Ultimately the solicitor will issue court proceedings on the defendant. Often this prompts an admission of liability before proceedings begin.
What if I was diagnosed months after the sports injury?
Depending on how your sports injury happened, the three-year time limit may only start from the date you are diagnosed and learn of the cause of your injury. In some cases, this can be months or years after the cause occurred.
How could compensation help you? you
An injury can have major repercussions for an injured person and their family.
Quittance's panel of specialist solicitors have a track record of securing compensation awards for:
- loss of earnings while you are unable to work
- loss of earnings if you are not able to work
- expected future medical care costs and any which you have already incurred
- travel costs and other expenses arising from the injury
- damage to personal possessions
- general pain and suffering including loss of amenity
Quittance's panel of personal injury specialists know that claiming compensation may not be an easy decision, and will run through your options with you.
Helping sports people who have sustained an injury successfully claim compensation, your solicitor has acted on behalf of injured parties in a wide range of cases.
Court awards and settlements have been negotiated for injuries including cycling, running, football, rugby, hockey, cricket, skiing, snowboarding, motorsport, gym accidents and martial arts.
The amount of money you could claim for your sports injury will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your sports injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a sports injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
How is compensation calculated if I have multiple injuries?
If you have sustained multiple injuries, the compensation amounts are not simply added together.
The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.
General damages for a serious leg injury can be £40,000
For a less severe arm injury, in isolation, you would typically receive £4,000.
However, if you have a serious leg injury and a less severe arm injury, you would typically receive £40,000 + a reduced percentage of £4,000.
Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.
What is the average injury compensation for a sports injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a sports injury will depend entirely on your specific circumstances.
Your sports injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.
Will I have to pay tax on my sports injury compensation?
If you receive financial compensation following a sports injury injury, specific legislation ensures that you do not have to pay tax on it. This is the case no matter whether the compensation is received as a lump sum or as staggered payments.
Calculate my sports injury compensation
Calculating how much compensation you can claim for a sports injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your sports injury claim could be worth now:
How long does a sports injury claim take?
How long it can take to process a sports injury claim can vary considerably.
A simple liability accepted injury claim can settle in a month or two. If liability is denied, however, it could take considerably longer. On average an injury claim should take 4 to 9 months. See: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your sports injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
What are the chances of my claim being successful?
Bringing a successful claim often centres around witnesses. such as spectators or other players. Ideally the incident will have been seen by the referee or match official.
The three points needed to prove fault in a compensation claim:
- did the other side owe you a duty of care
- did they breach that duty
- did the breach cause your injuries
These considerations can be summed up as "Were they the cause of your injury "
Where it has been accepted by the defendant that they were responsible you likely have a very good chance of succeeding. If the other side does not accept full responsibility it may be harder to successfully negotiate compensation.
Whether liability is acknowledged or not, doing everything you can to help your case is strongly recommended. Your solicitor will advise on a recommended course of action. The steps you can take include:
- report the incident (e.g. in an accident book if injured at work)
- take photos of the scene
- gather witness statements from fellow players, match officials and spectators
How does no win, no fee work?
No win, no fee takes the risk out of making a sports injury claim. If you do not win any compensation, you won't have to pay your solicitor any legal fees.
No win, no fee guarantee
Our no win, no fee guarantee means there is absolutely no financial risk in making a sports injury claim, even if you don't win your claim. Read more about making a No win, no fee claim
What do I pay if I win my sports injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, after your compensation is awarded. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.
What do I pay if I do not win my sports injury claim?
If your sports injury claim is not successful then you won't have to pay your solicitor any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.
Is there a catch?
The Conditional Fee Agreement (CFA) sets out the terms between you and your solicitor., No Win No Fee is a regulated activity and as such there should be no nasty surprises in the agreement. Nevertheless, it is recommended that you read the agreement carefully and ask any questions if you are unsure.
How do personal injury solicitors get paid?
If your sports injury claim is successful, the defendant, or their insurer, will pay the compensation and your solicitors fees.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 376 1001 or arrange a callback:
if you can claim
to start a claim
Sports injury FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make a sports injury claim?
In general, you have a time limit of up to 3 years from the date of the sports injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your sports injury claim becomes 'statute barred'.
Can I claim for a sports injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim sports injury compensation.
In reality, there are a number of factors that can affect whether a sports injury claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
Gaynor Haliday, Legal researcher
About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.