Sports Injury Claims:  How to Determine Liability and Compensation in the USA

Sports Injury Claims:  How to Determine Liability and Compensation in the USA

Health and Fitness

Sports Injury Claims:  How to Determine Liability and Compensation in the USA

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Everyone knows that with sport, there’s always some element of risk, and with playing and even watching sport, injuries can and often do, happen.

Sporting injuries can occur not just with professionals, but occasionally with spectators as well as those who enjoy sport as a hobby. 

There are going to be some sports that are more high-risk as well, especially with soccer, hockey, baseball, boxing, and horse riding. According to Warren & Kallianos, PLLC. Injuries from sports activities can often result due to lack of training, improper supervision, and improper or defective equipment. Children are susceptible to head and spine injuries from sports such as football, soccer, boxing, baseball, hockey, swimming, and diving.

Sep 14, 2019; Phoenix, AZ, USA; Cincinnati Reds shortstop Freddy Galvis (3) is tended to after being injured against the Arizona Diamondbacks during the seventh inning at Chase Field. Mandatory Credit: Joe Camporeale-USA TODAY Sports

To be in a position whereby you can make a sports injury claim, the injury must have taken place under atypical circumstances, which can include intentional harm because of the recklessness of someone.

But finding our who exactly is responsible for these injuries is often a complicated and challenging business as there has to be proof, however, that the other party was in the wrong and therefore an injury was the result.

There are a lot of different reasons personal injuries can be caused when it comes to individual players, and these reasons can include:

  • An improper tackle
  • Violent behavior
  • Poor coaching
  • Poorly maintained pitches or equipment.

Spectators’ injuries can occur due to:

  • Gaming equipment – balls hitting spectators during a game
  • Poorly maintained grounds or stadiums such as seating collapsing
  • Rally cars going off-course
  • Game riots – opposing fans can turn on each other during matches.

Any of these incidents can happen, which can result in severe injuries to both adults and/or children during sporting events.

In any of these cases, for a claim to stand any possible chance, there has to be proof of negligence on behalf of the players, the managers or coach, the referee, the game organizers, or the stadium or grounds’ owner(s).

Dec 22, 2019; Carson, California, USA; Oakland Raiders cornerback Trayvon Mullen (27) is comforted by trainers after being injured on a play in the fourth quarter against the Los Angeles Chargers at Dignity Health Sports Park. Mandatory Credit: Robert Hanashiro-USA TODAY Sports

If an injury has occurred to either a player or a spectator, then compensation is warranted.

With the right kind of claim for a preventable injury, you could end up with access to support such as rehabilitation and physiotherapy, as well as being able to claim for any financial losses, including travel expenses and for possible time off work.

The sports injury claims procedure starts with:

  • Receiving of treatment
  • Having names of witnesses
  • Appointing a suitable lawyer
  • Proof of medical bills incurred expenses, financial losses, etc.

Compensation can be awarded due to the amount of pain and severity of the injury you are experiencing – the amount paid in compensation depends on general damages due to time and money spent due to the injury.

There is also an additional special claim which takes into consideration any financial losses experienced throughout the injury period, as well as all other expenses incurred to meet medical costs or everyday expenditures.

Sports injuries are widespread, and people don’t often realize they are entitled to compensation.   It’s easy to feel that because you chose to take part in the sporting activity, then you’ve accepted all the risks and therefore don’t deserve compensation, but that’s not true.

Sometimes it can be ages after the event that the injury manifests itself, but you are still entitled to compensation if you follow the above advice as well as seek legal guidance.

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