Are You Entitled To Compensation For Your Sports Injury?
Sometimes, it can be difficult to determine whether or not an injury from sports or recreational activities will give rise to compensation.
If you’re unsure, Fosters Law personal injury lawyers can offer you a free consultation and evaluation of your case.
When Are You Not Entitled To Compensation For Sports Injuries?
When you are playing a sport, there is a certain level of risk associated with that sport. In other words, there are some risks that naturally occur in the regular course of the sport.
When these are not intentionally or negligently caused by a third party, you may not be entitled to compensation.
Determining whether or not the injury occurred during the regular course of the sport can be incredibly complex. This is because each sport is different, and therefore brings with it different risks.
When a court is considering whether an injury occurred naturally in the regular course of the sport, they will consider the sport at hand.
An extreme sport will likely have more risks than a safer sport. The court will apply different criteria to each sport and look at the merits of each case.
For example, if you are trail running, twisting your ankle is a risk that naturally occurs during the sport. Or, if you are playing ice hockey, chances are you might slip on the ice and injure yourself.
Because you twist your ankle while trail running or by slipping in an ice hockey game, it cannot be attributed to the intentional or negligent act of a third party. As such, you are not entitled to compensation.
When Are You Entitled To Compensation for Sports and Recreational Injuries?
Sports And Recreational Accidents Resulting From Negligence
Not all risks are considered normal risks for a sport. Sometimes, the risk materialized as a result of the negligence of a third party.
It is important to note that we are not only talking about the other sports players.
Let’s go back to our ice hockey and trail running examples. The negligence that caused you to break your ankle need not be the negligence of another player in a game of ice hockey or trail runner.
In fact, more often than not, negligence is attributed to someone who is not involved in the sport.
For example, it could be the negligence of the hockey coach or the owner of the ice rink that gave rise to the risk. The owner of the ice rink may not have ensured that the ice was properly maintained. This may have caused hazardous conditions which may have caused you to slip on the ice.
Alternatively, the owner of the land on which the trail run occurred may not have marked a hazardous area of the track, which caused you to slip and break your ankle.
For someone to be liable for your personal injury claim, they must have owed you a duty of reasonable care to prevent such injury from arising.
Again, the people who owe you this duty of care depend on the sport you are playing.
However, regardless of the sport, if you are reasonably unsafe because something is faulty with the premises, the occupier of the premises is liable to cover injuries.
This is because the occupier of premises is legally obliged in terms of the Occupiers Liability Act to ensure that anyone in the premises is reasonably safe.
Sports and Recreational Accidents Involving Motorized Vehicles
Now say your sports injury is not a result of a negligent breach of a third party’s duty of care. This is not the end of the road for you.
You might still have a personal injury claim if your injury involved a motorized vehicle, such as a snowmobile or an all-terrain vehicle.
Sometimes, sports and recreation injuries are a result of motor vehicle accidents. If this is the case, you might be able to get accident benefits compensation from your insurance company.
If you don’t have insurance, you should be able to apply for accident benefits under the driver’s insurance policy.
Our firm offers the most experienced and trusted sports injury lawyers in London, Ontario.
What To Do If You Think You’re Entitled to a Sports and Recreational Personal Injury Claim?
The first thing you should do is ensure that your injury gets medical attention. If you had a severe injury, chances are you will need to go straight to the hospital.
However, it is not only serious injuries like spinal cord injuries, traumatic brain injuries, and other life-changing injuries that require medical attention.
If you were not taken straight to the hospital, then you should still seek medical attention as soon as possible. For personal injury claims to be successful, you will need to get a diagnosis and treatment.
In addition to getting medical treatment, it is essential that you record as many details of the accident as possible. Write down any witness information, as well as the time and location of the injury. Ideally, you should also take photos of the vicinity and injury.
Furthermore, if there are channels to report the incident, make sure you use these! Usually, the organization where the incident took place, or its site management, will have such channels.
Overall, try to keep as many records of the incident as possible. This includes any related communication or any proof of expenses. Try to use email correspondence instead of phone calls, as this will make proving things a lot easier.
Most importantly, and we cannot stress this enough, you must seek legal advice from an experienced lawyer as soon as possible. Most insurance companies have strict timelines to adhere to. The last thing we want is for you to miss out on a personal injury claim to which you otherwise would have been entitled.
Sports and Recreation Personal Injury Lawyers in London, Ontario
At Fosters Law LLP, our sports injury lawyers are here to help you through your claim.
We understand that, as accident victims, our clients are normally seeking advice during stressful times. You may have suffered severe injuries, such as a brain injury or spinal injuries.
Regardless of your personal injury, you are not seeking a personal injury lawyer unless you have suffered some misfortune.
Therefore, we make it our mission to make your life as easy as possible during this stressful time. Dealing with the legal side of things should be the least of your worries.
Luckily for you, we boast a formidable personal injury team who are here to help you. Our personal injury lawyers are diligent, compassionate, and client-focused.
How We Can Help You With Your Personal Injury Claims
When it comes to sports and recreational injury claims, the strength of your claim depends on various factors. Moreover, even determining whether or not you have a claim can be difficult.
If you think you might have grounds for a sports and recreational injury claim, we can provide you with the legal assistance you will need to navigate the process.
We will explain the entire process to you. We will tell you what steps you must take, as well as the evidence you will need to be successful.
Moreover, we will be able to advise you on the strength of your claim and your chances of success. Our lawyers will give you a straightforward, understandable, and honest assessment of your claim.
If we think you do not have good prospects of success, we will be upfront and honest with you about it.
Because there are strict time limits that need to be adhered to, contact us as soon as possible after you sustain a personal injury.