Sports injury compensation claims in Brisbane, the Gold Coast & QLD
We are here to help you with your sports injury compensation claim, we’ll help you through the whole process from start finish. It is vital to us that you receive the best injury compensation, as you recover from your injury.
We also manage your claim with a no win no fee guarantee.
To find out if you can make a claim, use our sports injury compensation 30 second checker. Once done, we can then advise how much money you may recieve for your claim.
Your claim for compensation will vary and is tied to personal circumstances, so you are also welcome to contact one of our personal injury lawyers to help you secure the best payout compensation amount.
Making a sports injury compensation claim
Playing sports is at the heart of the Australian lifestyle. We’ve got great weather and a love of competition. However, sports injuries are a common side effect of the country’s addiction to sports, whether as a player or a spectator.
Have you been injured and believe you are entitled to compensation to help you with the ongoing medical expenses and time off work? Our team of dedicated personal injury lawyers are here to help with the right legal advice to get the best from any sports injury compensation claims that you pursue.
Under the Civil Liability Legislation, passed in Australia after the insurance crisis of the early 2000s, if the negligence on the part of the third party, or another person, has resulted in your injury, then you may be eligible to make a sports injury compensation claim.
There are many defences to making a claim, including
- whether there was an inherent risk or danger to the activity, or
- whether you may have contributed to your own injury.
The most common types of sporting injuries
While there are many different types of injuries that can occur when participating in sport, there are some that occur more regularly than others.
These include:
- Anterior Cruciate Ligament (ACL) tears
- Ankle sprains
- Concussions
- Dislocations
- Fractures caused by overuse (for example, the action from playing tennis)
- Fractures caused by impact trauma (such as from playing rugby league)
- Plantar fasciitis, which is damage to the tissues that connects the toes to the heel bone
- Pulled groin muscles
- Shin splints, commonly experienced by runners
- Strained muscles, such as a strained hamstring
Recent data from the Australian Institute of Health and Welfare (AIHW) showed that head injuries accounted for over 15% of all hospitalised sport-related cases. Wrist injuries accounted for over 11%, knee injuries for over 11%, shoulder injuries for around 6% and ankle for over 5%
Situations that can lead to making a sports injury compensation claim
More sports injuries will be accidental, while others can result from:
- An unsafe pool, playing surface or pitch
- Dangerous and/ or faulty equipment
- Bad refereeing decisions
- An opponent’s careless behaviour
You may be eligible for compensation if you are injured in the scenarios highlighted above. The reason is that sporting event organisers have a duty of care to both players and spectators alike, to ensure that they are protected from any foreseeable risk of injury.
In short, to be able to begin a sports injury compensation claim for negligence, you will need to be able to show:
- Another player or occupier/owner/operator of the sporting facility owed you a duty of care
- that the duty of care was breached
- that the breach caused your damage (injury), and
- that you’ve made your compensation application within the period of time stipulated by the legislation.
Whether you are part of a sporting organisation, have attended an event or taken part in an event put on by sporting clubs or even signed a waiver before taking part, there is still every opportunity that you could claim for sporting injuries benefits.
Speak to our expert personal injury lawyers who can help you find out if you are entitled to a sport injury compensation claim.
Insurance & waiver forms
Anyone who plays a sport in Australia today will be familiar with the fact insurance policies now cover most organised sporting venues. These are designed to protect the players as well as other people involved in the activity. This includes the referees and officials, just in case anyone is injured in the course of the sporting event.
Depending on the terms of the policy, this allows the injured party to make a claim against the insurance policy provider. However, there are many different approaches to the claim for compensation depending on the policy provider:
- Some insurance policies do not cover claimants for any Medicare gap payments
- Other sporting injuries insurance scheme policies don’t provide income protection, particularly in the case where the incident is stopping a player returning to work as a result of an injury they sustained.
However, if costs are incurred, then potentially, both types of policies should cover the costs through a compensation claim made by an injured party.
As a way of avoiding any potential liabilities, some operators will want you to sign a waiver form before letting you participate in your sport of choice.
However, this does not always work in their favour when a negligence claim arises. Our experienced sports injury compensation lawyers can advise you on how to progress. Their legal advice will assist you in having the terms of any waiver form checked for its full implications and assist you in knowing exactly where you stand.
Proving negligence
Making a claim of negligence in the event of a sporting injury can be challenging to prove. This is due to several defences that are available to those sporting clubs, associations and promoters who run the sporting events. It can be difficult when the sport involves physical contact or an element of inherent risk or danger.
The insurance policies held by operators, clubs and venues of sporting activity have taken some of the uncertainty out of the question of “who’s responsible?” when the injury occurs. However, there are still many cases where the injured party will feel they need to pursue a civil negligence claim for damages, especially in the event of ongoing medical expenses and rehabilitation costs or having to miss periods of work due to the injury.
Have you been injured while playing or watching sport? Then consult one of our experienced personal injury lawyers to have your sports injury compensation assessed and your options explained.
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