Advice For Making An Accident At School Claim
Welcome to this complete guide on making an accident at school claim on behalf of your child. If your child has suffered an accident in nursery or school due to negligence, then you could be entitled to compensation. You may be wondering how much compensation your child’s injuries are worth.
This guide will share examples of how an accident can occur at a school as a result of negligence and the types of injuries it can lead to. Furthermore, we will discuss what evidence is needed to support and prove a successful claim.
If you still have any questions after finishing this guide, feel free to contact our team. Our advisors are here to help you with free legal advice 24 hours a day, 7 days a week.
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- Guidance On Making An Accident At School Claim
- Determining Compensation For Your School Accident
- Understanding School Accidents
- Causes That Lead To An Accident At School Claim
- What Are The Benefits Of Getting A No Win No Fee Agreement?
- More Information On Making An Accident At School Claim
Accidents can happen in a number of different scenarios, including at a school. However, not all school accidents will form the basis of a valid claim. Children may be running around on the playground and injure themselves due to rough play, but if no breach of duty occurred, then you’d be unable to claim.
To make a claim on behalf of your child, you first must prove that someone with a duty of care towards your child breached this duty. Furthermore, you need to show that the accident which happened as a result led to your child being injured.
There are time limits that apply to starting personal injury claims. The Limitation Act 1980 states that if you suffered your injury under the age of 18, then you cannot make a claim for compensation yourself until you turn 18. However, you could have the court appoint you as a litigation friend, which means you could claim on behalf of your child. While they’re unable to claim for themselves, no time limit applies.
Contact our advisors for more information about making an accident at school claim.
If you decide to pursue a personal injury claim on behalf of your child, your settlements could be divided into general and special damages.
General damages will seek to compensate for any physical and mental suffering your child has endured due to their injury. Below we have inserted a table of compensation figures you could receive depending on the type and severity of your child’s injuries.
These figures align with the 16th edition of the Judicial College Guidelines (JCG). Personal injury solicitors often use the JCG to help them value claims, as it provides compensation brackets for various injuries of different severities. Please use the following amounts as a guideline only.
|Knee Injuries||Severe (ii) - The person will suffer from a leg fracture that extends into the knee. This will cause symptoms such as constant pain, movement limitation and agility impairment.||£52,120 - £69,730|
|Leg Injuries||Serious - The person will suffer from compound fractures or injuries to the joints/ligaments. They will need prolonged treatment, and arthritis is a strong possibility.||£39,200 - £54,830|
|Wrist Injuries||(b) - The person’s injury will result in a significant permanent disability, but some useful wrist movement will remain.||£24,500 - £39,170|
|Other Arm Injuries||(c ) The person will suffer some significant disabilities; they will also have experienced a substantiation degree of recovery.||£19,200 - £39,170|
|Injuries to the Elbow||Less Severe - The person's elbow injury will cause function impairment, but it will not need major surgery.||£15,650 - £32,010|
|Ankle Injuries||Moderate - The person will suffer from a fracture or a ligamentous tear in the ankle. Symptoms will include difficulty standing and walking on uneven ground, including awkwardness on stairs.||£13,740 - £26,590|
|Shoulder Injuries||Serious - The person will suffer from a dislocated shoulder. This will cause pain in the neck and shoulder with aching in the shoulder.||£12,770 - £19,200|
|Foot Injuries||Modest - The person will suffer from simple fractures, puncture wounds or ruptured ligaments. Symptoms will include pain, aching and a permanent limp.||£7,010 - £13,740|
|Brain and Head Injury||Minor - Brain damage will be minimal if any. The amount awarded will depend on several factors.||£2,210 - £12,770|
|Back Injuries||Minor (ii) - The person will experience a full recovery within one to two years without surgery.||£4,350 - £7,890|
Additionally, your child may be awarded special damages. These seek to compensate for any of the financial losses you may have suffered due to your child’s injuries. This could be having to take taxis to the hospital or having to pay for a private carer. Keep a financial record of these expenses, as they will help you in claiming them back.
To determine how much compensation you could be owed in your accident at school claim, speak with our advisors.
To make a successful accident at school claim on behalf of your child, you must be able to prove that a third party breached their duty of care to your child.
The Health and Safety at Work etc. Act 1974 outlines the duty of care that employers in schools owe. They should take reasonable steps to prevent risks to health and safety on the part of pupils and staff.
If this duty of care is breached, this could result in a child suffering injuries in an accident. Some examples of school accidents are:
- The school is aware of a leak from the ceiling in the canteen; however, they have done nothing to fix it or section off the area where the leak is. This results in a child slipping and falling on the puddle formed by the leak and they suffer from an arm injury.
- The school hasn’t performed the required maintenance checks on the playground equipment. A child goes to use the swing, which collapses as they sit on it. This causes them to fall and suffer a head injury.
If you can show that your child’s school breached their duty of care, you may be eligible to make a claim. Contact our advisors for more information.
Many things can cause an accident at school, as stated in the previous section; however, there are additional steps you can take if you want to make an accident at school claim on behalf of your child.
Below, we’ve included some of these steps:
- Receive medical attention – You should get your child checked and treated for their injuries promptly after an accident. Depending on their injury type and severity, you could take them to A&E, book an appointment with your GP or visit a walk-in centre. You can request a copy of your child’s medical record, as this could be used as evidence in the claim.
- Gather evidence – Having as much evidence as possible will help you towards making a successful claim. This can be anything from CCTV footage of the accident, photographs and eyewitness contact details (such as a teacher.)
- Receive legal advice – Following your child’s accident, you may want to receive some legal advice on what to do next. While not legally required,
Our advisors can help you with free legal advice. Contact them today. If they feel you have a valid claim, you could be connected with a No Win No Fee solicitor from our panel.
Our panel of solicitors can help you in your accident at school claim with a No Win No Fee agreement, a popular form of which is a Conditional Fee Agreement. Many claimants choose this type of arrangement when pursuing compensation and want to do so with legal representation. The benefits of such an arrangement are:
- There are no payable solicitor fees when starting your claim.
- There are no payable fees during the process of your claim.
- If your case is successful, you will only pay a small success fee out of your compensation to your solicitor.
- If your case isn’t successful, you will not be obligated to pay for your solicitor’s services.
Speak with our advisors today for more information about how a No Win No Fee agreement
Get Advice On Making An Accident At School Claim
If you still have any questions regarding your accident at school claim, you can speak with our advisors for free legal advice. Our team is here to help you with any of your questions 24 hours a day, 7 days a week.
Contact us now:
Additionally, there is no obligation to continue with a claim after your initial consultation with us.
Please find below some additional resources that you may find beneficial.
Royal Society for the Prevention of Accidents: Our vision and mission.
NHS: First Aid.
NHS: Broken arm or wrist.
If you have any more questions on how to make an accident at school claim on behalf of your child, please don’t hesitate to get in touch.
Writer Megan Rush
Publisher Fern Stewart