School Injury Claims
School accidents can happen for various reasons, such as unsafe premises, inadequate supervision, faulty equipment, or lack of proper training. An accident at school can…
Read moreNursery accident compensation claims
If your child has had an accident at nursery school and suffered an injury, you could be entitled to make a nursery accident claim on their behalf.
We are a claims management company regulated by the Financial Conduct Authority.
Nurseries are vital facilities that provide care and early education for children under five. Here, they can engage in various activities that promote physical, cognitive, social, and emotional development.
However, children at this age are innately curious and lively, so accidents in nursery schools are not uncommon. These can lead to injuries such as cuts, lacerations, fractures and head injuries.
Nurseries have a legal duty of care to protect the health and safety of children while in their care. They must provide adequate training to staff, maintain a safe environment and ensure proper supervision. If your child was injured due to substandard care or negligence, you may be able to make a nursery accident claim on their behalf.
To discuss your case and find out its merits, please call 0800 470 0474 today or request a call back to receive a free consultation with a legal adviser.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.
Under the Childcare Act 2006 and the Occupiers Liability Act 1957, nursery schools have a legal duty of care to ensure the safety, well-being, and development of the children in their care. Their responsibilities include:
If your child has been injured due to a breach of duty, you may be able to claim nursery accident compensation on their behalf.
Yes, you may be eligible to claim compensation following a child accident at nursery. An experienced solicitor will help you make a child injury claim if they can prove the following:
A legal duty will be proven based on the legislation mentioned above. To start a claim for your child, your solicitor will help you apply to the court to be named as their litigation friend. This will allow you to conduct legal proceedings and make decisions about the claim on their behalf.
If you win personal injury compensation, a judge must approve the awarded settlement during a court hearing. Once approved, your solicitor may help you set up a personal injury trust to manage the awarded funds until the child’s 18th birthday.
If you work at a nursery as a teacher or member of the staff, your employer owes you a legal duty of care under the Health and Safety at Work Act 1974. Just like in other workplaces, they must take all reasonable measures to keep you safe from accidents and injuries, including:
By fulfilling these and other duties, nursery schools can ensure that employees can work in a safe and healthy environment. A breach of duty, however, can lead to an accident at work claim and compensation for your pain and suffering.
Making a claim is your legal right; you cannot be sacked or disciplined for it. If you suffer any retaliation, you could be entitled to take further action at an employment tribunal under unfair dismissal laws.
If you or your child had a nursery school accident and you want to make a compensation claim, you will need various pieces of supporting evidence. You must be able to prove how the accident happened, the injuries it caused and their impact on the claimant. The evidence you could use includes:
Children could be injured at nursery schools for various reasons, and not all of these are due to negligence. However, you could sue a nursery for compensation with the help of a personal injury solicitor if your child was injured due to the following:
If your child suffered a personal injury due to any of the above types of negligence, you may be entitled to claim compensation on their behalf.
Various types of nursery school accidents could lead to personal injury compensation, including:
You could make a personal injury claim on behalf of your child if they were injured at school due to any of these or other accidents caused by negligence.
If adequate health and safety measures are not in place, children can suffer various types of injuries in nursery accidents. These include but are not limited to:
If you want to make a personal injury claim for compensation on behalf of your child, you can use the litigation friend process at any time before their 18th birthday, regardless of when the incident took place. If you decide not to claim, your child could seek compensation themselves when they become a legal adult. They will have three years to do so starting from their 18th birthday.
While you may have a lot of time to start a nursery injury claim, we strongly advise that you do this as soon as possible. That will help your solicitor gather the necessary evidence and increase your chances of success. Nonetheless, the full implications of your child’s injuries may only become apparent later in life.
If you suffered an accident at work and want to claim compensation, you have three years to start legal proceedings under the Limitation Act 1980. Exceptions apply if you cannot handle a claim due to a brain injury or another condition, in which case the time limit is suspended.
The amount of compensation you could receive in a nursery accident claim will depend on the specific losses incurred by the injured party. These will be grouped into two different types of damages:
General damages are compensation for the subjective impact of the accident and injury, and can include:
Special damages typically include the financial losses and expenses incurred by the parent or legal guardian, such as:
In rare circumstances, you can also claim special damages for the child, such as when they are a young actor and were forced to miss a job due to the injury. You can refer to our personal injury compensation calculator to see how much compensation you could receive for specific injuries.
If you have a valid claim for a child accident at nursery, your solicitor will offer you a 100% no win no fee service. They will take on the risk of legal action and will not ask for an upfront payment from you. If they win your case, they will receive a success fee deducted from your compensation award. This is agreed upon from the beginning and capped at 25% of your settlement. If you lose, you do not have to pay them anything.
Your arrangement includes After the Event (ATE) insurance for further peace of mind. This type of legal expenses insurance will cover all the litigation costs if the claim fails, so you will not be left out of pocket. These include medical reports, expert witnesses, court fees and the defendant’s expenses.
It is difficult to say how long it may take to settle an accident claim without knowing all the details of the case. If liability is straightforward and the injuries sustained are not severe, the claim could be resolved within a few months. On the other hand, complex cases that involve multiple parties or severe injuries could take years to resolve.
Other factors affecting a claim’s duration include how long it takes to gather supporting evidence, whether the other party admits liability and whether your case goes to court. To ensure the best possible resolution, you should seek legal advice as soon as possible, document everything from day one in the best detail possible and work closely with your solicitor.
To find out if you have grounds to claim compensation for an accident at a nursery, call 0800 470 0474 today or enter your details into our contact form to request a call back.