Friday, 18 February 2011

Will it be a Carroll of joy?

In the January football transfer window, Andy Carroll made the record books as the most expensive Englishman to be signed by an English club. Liverpool FC paid a massive £35million for the 22 year old who at present is out with a thigh injury and unable to play for his new club.

Paying such big money for an injured player, ‘what if’ Carroll was unable to take to field and was forced to retire without even kicking a ball for his side? It must take a brave person to say “pay the £35m because his injury will heal”, but what if it doesn’t? From a purely hypothetical perspective the football club could have a case against the doctor who made the diagnosis. If the doctor had said that the injury would heal and his future play would not be affected and it turned out to be incorrect they could be liable for misdiagnosis. The club could possibly pursue the doctor for the money paid for the player and even wages paid to the player whilst his injury prevented him from playing.

A similar case that demonstrates this type of legal claim is that of former West-Ham player Dean Ashton who was injured during an England training session in 2006. Ashton was unable to fully recover from the injury to his ankle cutting his football career short. Ashton has just received an undisclosed settlement from the Football Association to compensate him for his forced early retirement following advice from the doctor that if he continued to play he may be unable to walk in the future.

According to a recent article in Insurance Times it also looks like West Ham want to get their share and are “set to issue a writ against the Football Association for £10.5m in compensation for retired England international Dean Ashton.”

ARAG’s After-the-Event legal expenses product Recourse is designed for just such incidences. An ARAG policy will pay disbursements, regardless of whether a case is won or lost, providing they are not recoverable from an opponent, and the opponent’s costs should the claim for damages be lost*. Working in conjunction with a full or discounted conditional fee agreement, the cover applies to various legal issues, including personal injury claims and contractual disputes. Find out more about Recourse.

* Subject to the Terms & Conditions of the policy.

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