There are several factors that are taken into account when pursuing a compensation claim for a winter sports injury. Compensation claims are designed to provide for any specific harm caused by your accident, in terms of physical pain, emotional distress and financial losses. Winter sports and skiing accident compensation is generally broken down into two key aspects:

General damages are provided for the physical pain and psychological trauma caused by the injury, as well as the impact it has had on your ability to enjoy day-to-day life and hobbies. This includes both short-term and long-term effects, such as reduced mobility, chronic pain, or symptoms like anxiety or flashbacks linked to the incident. If you are no longer able to play sports that you previously enjoyed, this may be taken into account.

More severe injuries will result in more compensation under the Judicial College Guidelines, which provide recommended compensation amounts for different types of injuries. Whether you have suffered minor soft tissue injuries, broken bones or a serious neck or head injury, we will make sure you receive the maximum compensation for your needs.

Special damages account for financial losses related to your accident. This can include a range of outgoings, such as:

• Loss of earnings, if you had to take time off work due to your injuries. This can also include lost future earnings if your injury prevents you from returning to your job or limits your career options.
• Medical treatment and rehabilitation. Compensation can cover the cost of private medical treatment, physiotherapy, psychological therapy (where linked to a physical injury), specialist consultations, and ongoing rehabilitation. JMW can help quickly arrange a care package to support your recovery as part of your claim.
• Travel expenses, if you had to pay for travel to and from medical appointments, or to return home early due to your injury.
• Care and assistance, whether for help from family members, friends, or professional carers. Whether this care was paid for or not, if you needed help as a result of your injury you may be able to claim compensation to reflect the value of this support.
• Adaptations and mobility aids, if your injury has affected your mobility or independence. You can claim for the cost of aids such as wheelchairs or home modifications like stairlifts, ramps or bathroom adaptations, if you need them.
• Cancelled travel plans in cases where the injury disrupted your trip or caused you to cancel future holidays or events. Some of the associated costs for unused accommodation, excursions, or travel bookings may be recoverable.

Our team will look at all the evidence available to determine liability and make sure we maximise the compensation you receive from the responsible party. It is important to provide strong evidence of financial losses to claim special damages.

If you suffer an accident while participating in a winter sport, and you are able to, you should take the following steps to support a potential compensation claim. These measures can help to prove that another person was responsible for your injuries and help to ensure your claim is a success:

• Seek medical attention. Speaking to a medical professional will result in medical records that can later be used as evidence, and will identify any injuries sustained in the accident that may not otherwise have been noticed
• Make note of the name, contact details and insurance information of the person who was responsible for the accident
• Take note of the service personnel who assisted you and request a copy of any reports made
• Take photographs of the accident scene and any defective equipment or dangerous behaviour that was to blame for your accident
• Collect the names and contact details of any witnesses to your accident and ask them if they are happy to be contacted

Evidence is vital in these cases, and your solicitor will often contact the accident location at a later date to see if CCTV footage or other evidence is available. However, any evidence you can gather yourself before you begin a personal injury case can give you the highest possible chance of successfully claiming compensation.

In most cases, when a case can be pursued within the legal jurisdiction of England and Wales, JMW can offer legal services on a no win, no fee basis. In legal terms, this is known as a conditional fee agreement. It means you do not have to pay your solicitor’s legal fees if your winter sports injury claim is unsuccessful, so you can pursue compensation with limited financial risk.

If your claim succeeds, your solicitor will recover a success fee as a pre-agreed percentage of parts of your compensation. Our solicitors will always work to secure the maximum amount of compensation based on your needs following a winter sports or skiing injury, and restore you to the position you would have occupied if not for another party's negligence.
If an accident happened abroad, and we cannot establish the jurisdiction of the courts of England and Wales we may need to take a different approach to funding your claim, but we will provide all the information you need up-front about what to expect and how the financial aspects of a winter sports or skiing accident compensation claim will be managed.