Lawford Kidd has developed particular expertise in handling accident claims arising out of injuries suffered while participating in sports.
In previous years, the firm has been involved in pursuing claims for injuries sustained in a variety of different sporting circumstances involving physical contact, including both dangerous tackles and people causing deliberate injuries.
In Scots law, everyone is entitled to have their physical integrity protected. In other words, people are granted legal protection from being physically harmed by other people. If someone is unduly hurt while participating in a sport, they may be able to bring a personal injury claim for compensation in the courts.
Whether it is football, rugby, basketball or another sport, it is to be expected that players come into physical contact with others. This may well result in some cuts and bruises. However, by participating in sports, people are consenting to the risk of suffering physical harm only within the rules of the game.
It is very important to understand that only injuries resulting from conduct that falls within accepted sports rules will be immune from a claim for compensation:
It is settled law that any physical contact in sports that is not accepted within the rules of the game can form the basis of a personal injury claim. It should also be borne in mind that physical contact is not always necessary: if a player comes into any contact with another participant that is not within a game’s rules, then this could also attract legal responsibility, e.g. spitting at another player or even gesturing in a threatening or menacing way.
The strength of your claim will hinge on the quality of evidence that supports it. It is very important in attempting to claim compensation for sports related injuries to be very clear on what actually happened, and for there to be some evidence that lends weight to your version of events. It is also wise, where you have had to undergo medical treatment for your injuries, to have medical records made available to your legal team.
At Lawford Kidd Personal Injury Lawyers, when handling personal injury claims for sports injuries, we regularly take a detailed witness statement from you. This is then used to speak with others who may have witnessed your accident, and can confirm the facts surrounding your injury. Any details that you can provide concerning the severity of your injury, and the impact it has had on you, e.g. hospital reports, will be incredibly useful in adding weight to your claim.
If you have suffered an injury while playing a sport that is clearly against the rules, you could claim for compensation.
The compensation that is awarded for a successful personal injury claim is designed, so far as is possible, to put you back into the position that you would have been in had you not suffered the injury. Compensation for physical sporting injuries are unique in Scotland in that they cover both financial and non-financial losses that are suffered. Furthermore, the person who caused your injury is also liable for unforeseeable financial and non-financial losses that you suffered, provided that the injury they caused you is the legal cause of these losses. For example, if you were punched while participating in a rugby game or other sport, which not only caused you physical damage but also resulted in your developing a mental condition, both will be covered in any compensation award.
The level of compensation that can be awarded will ultimately depend on the particular circumstances. In considering the value of damages to be awarded for a sport injuries claim, a court will consider not only the fact that the injuries sustained are not accepted within the rules of the sport, but also the severity of the injury and where on the body the injury was suffered. The law attaches different values to different parts of out body:
Furthermore, it is also important to keep in mind that any compensation awarded will also include any pain and suffering that you have incurred as a result of the accident. If your sporting injury results in your no longer being able to work then this will also be reflected in your award. This can be particularly important for people that play sports professionally.
Lawford Kidd host a team of expert personal injury lawyers who work throughout Scotland, helping people pursue the compensation that they are entitled to. Our team are regularly involved in advising on injuries sustained in all kinds of sports. We appreciate that people play sports for different reasons, but that everyone knows the importance of following the rules of the game. While competitiveness and enthusiasm can enrich participation, there is no excuse for anyone to disregard the rules and risk causing someone severe injury.
Our team of lawyers will handle every aspect of your claim, and will work in partnership with you to ensure that your claim is handled with care and efficiency. We operate on a no-win-no-fee basis meaning that unless we succeed, you will not be required to pay any of the legal fees incurred for pursuing your claim. If you have any questions about the law regarding injuries sustained in sports, call us on 0333 920 6517.