The 26-year-old Hammers striker yesterday announced his retirement after failing to fully recover from an injury sustained while training with England in August 2006.

Ashton did make 31 appearances in the 2007-08 season but suffered further problems and, after a series of operations, has now taken medical advice to retire.

That has led to suggestions that Ashton, initially injured in a tackle by Shaun Wright-Phillips, could seek compensation from the former Chelsea player and that West Ham might sue the Football Association.

But neither have realistic chances of succeeding in the opinion of Adrian Oliver, a senior partner at Dolmans solicitors in Cardiff who also runs the sports management company Definitive.

In Ashton's case, he is already likely to receive a substantial insurance payout.

Oliver said: "Insurance companies are the key to this. Most players would have a policy that would cover them in case they are injured.

"Players are generally covered and, depending on where they are at in their career, they can actually earn a lot of money out of it.

"The insurance company could say they don't want to pay X million, they want the player who caused the injury to pay.

"But players consent to some sort of risk of physical injury when they go out on the pitch. So, unless it has exceeded the normal boundaries and it was deliberate, there is no chance of a claim getting off the ground."

Ashton joined West Ham for a club record £7.25million in January 2006 after making his name with Crewe and Norwich.

He made a good first impression, scoring the goals which took the Hammers to the FA Cup final, although he failed to land a place in Sven-Goran Eriksson's 2006 World Cup squad.

West Ham chief executive Scott Duxbury told the club's official website: "This is a sad day and our thoughts are with Dean.

"I would like to place on record our thanks to him for all his efforts and wish him the very best. I would also like to thank the fans for their patience and understanding during what has been a difficult time."