Child injury compensation claims

If your child has been injured in an accident caused by somebody else’s negligence, we can help you make a child accident claim on their behalf.

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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 result in injuries ranging from minor cuts and bruises to more severe ones like broken bones, head injuries, or even permanent disabilities.

If your child has been injured in an accident due to the school’s negligence, you might be able to make a school injury claim. That can help cover the costs of medical treatment, rehabilitation, and any other expenses incurred due to the accident.

Schools owe a duty of care to their students and may be held liable for any accidents that take place on their premises. It is essential to seek the help of an experienced personal injury solicitor who can guide you through making a claim and ensure that you receive the compensation you are entitled to.

To speak to a legal adviser, call 0800 470 0474 or arrange a call back for a free consultation today. If you have a valid school accident claim, they will offer you a no win no fee* agreement, so you can claim without taking any financial risks.

Find out if you can claim

Call 0800 470 0474 now or request a call back below:

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    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.

    Can I make a school injury claim?

    Not every accident at school can be attributed to school negligence. To determine whether you have a valid compensation claim, your solicitor will verify if:

    • The school breached their legal duty of care
    • That caused an accident to occur
    • Your child was injured at school as a result

    School accident claims are usually made on behalf of children injured on school grounds. However, suing a school could also be possible if:

    • You have been injured on the premises while collecting your child or visiting for a school event
    • You are a teacher or a member of the staff and suffered an accident at school
    • You were injured as a visitor on the school premises

    Teachers and other staff members could make a school injury claim under the Health and Safety at Work etc. Act 1974. As school employees, they are entitled to all the necessary health and safety measures to be safe from an accident at school, including:

    • Regular risk assessments of the school premises, equipment, and activities;
    • Proper maintenance and inspection of school buildings and equipment;
    • Appropriate safety equipment and clothing, such as helmets, safety goggles, and gloves;
    • Adequate training and instructions related to the job;
    • A school environment that is clean and free of hazards such as wet floors, loose wires, and sharp objects.

    If you or your child suffered an accident due to school negligence, you should be entitled to compensation for your pain, suffering and related financial losses. To find out if you have a valid claim, call 0800 470 0474 or enter your details here to receive a free consultation with a legal adviser.

    What should I do if my child was injured at school?

    If your child suffered an injury at school, there are several steps you should take:

    Seek medical attention

    Your child must be assessed by a medical professional as soon as possible. Medical notes from your GP or the hospital will be used as evidence to show the type and extent of your child’s injuries.

    Inform the school

    Inform the school as soon as possible and make sure the accident is recorded in their accident report book, which every school is legally required to have. The logbook entry should provide details of the accident and the injuries sustained, and you are entitled to ask for a signed copy to support your case.

    Gather evidence

    If possible, take photographs of the accident scene, the cause of the accident, and your child’s injuries. If there were any witnesses to the accident, obtain their contact details. Your solicitor might contact them later for a statement if the school’s version of events differs from yours. You also have the right to ask for any CCTV footage of your accident, if available.

    Keep records

    Keep records of any medical treatment your child receives, including appointments, medications, and the costs incurred. If you claim for a child injured at school, you can also include any lost wages if you had to take time off work to care for them.

    Contact a solicitor

    If you believe the accident was due to school negligence, you should speak with a personal injury solicitor as soon as possible. They can advise you on the strength of your case and the potential for compensation.

    Follow up

    Keep in touch with the school and your solicitor to ensure the claim is being processed and your child’s needs are met. If you have a valid claim and the other side admits liability, your solicitor could help secure interim payments for your immediate financial needs.

    Your solicitor will negotiate your school injury claim with the school or their insurer and try to secure the best compensation on your behalf. If you cannot settle, they will help you gather all the necessary evidence to argue your case in court and offer their support at every step of the process. If you receive compensation, they can also help you set up a personal injury trust for your child, which they will be able to access once they turn 18.

    How can I claim for a school injury on behalf of my child?

    If you want to claim compensation for a child injured at school, you can do so by acting as their litigation friend. To begin the process, you should first consult with a personal injury solicitor who specialises in school accident claims. They will guide you through the process and explain what evidence is required to support your child’s claim.

    To become a litigation friend for your child, you will need to complete a form called a certificate of suitability with the court, providing information about your relationship with the child and your understanding of the litigation process. Before appointing you as their litigation friend, the court will verify that:

    • You can conduct legal proceedings in a fair and competent way
    • You have no interests that would conflict with the child’s
    • You agree to cover any fees requested by the court

    Generally speaking, a litigation friend has to act in the best interests of the person they are representing and make decisions on their behalf. Some specific responsibilities may include:

    • Providing instructions to the solicitor;
    • Making decisions about the conduct of the case;
    • Keeping the person that they are representing informed about the progress of the case;
    • Managing any compensation awarded and ensuring that it is used for the benefit of the injured party;
    • Providing evidence to support your claim, such as medical records or witness statements;
    • Attending court hearings and speaking on behalf of the person they are representing;
    • Paying any costs associated with the case;
    • Dealing with correspondence related to the claim and signing legal documents.

    As a litigation friend for a child, your role will end when either:

    • The legal proceedings are concluded, whether the case is settled or a court judgment is made;
    • The child turns 18 and can handle the school injury claim themselves;
    • You or another suitable adult apply for a replacement with a valid reason.

    Will I have to go to court to claim compensation?

    If you make a school injury claim on behalf of a child injured at school, you will likely have to attend court. Even if your claim is settled out of court, which happens in over 95% of all cases, you must go through an Infant Approval Hearing before a judge.

    The purpose of the hearing is for the court to consider and approve the compensation awarded in the claim to ensure that the child is adequately protected and that the settlement is in their best interests. The hearing will typically involve a judge and legal representatives for both sides and may require you to present evidence and answer their questions.

    They will consider the circumstances of the accident, the extent of the injuries, how these have affected your child’s life and the related financial losses and expenses to determine whether they received fair compensation. Based on their age and the severity of their injuries, your child may be asked to attend the court hearing.

    If the court does not agree with the proposed settlement, it may request that further negotiations take place between the parties involved. If an agreement still cannot be reached, the case may proceed to a full trial, where the judge will make a final decision on the matter. It is worth noting that the judge’s decision in any legal case is final and must be respected.

    In most cases, an Infant Approval Hearing is a straightforward process that only takes around 20 minutes. They are often conducted in the Judge’s Chambers, which is essentially their office, rather than being held in the court itself. Sometimes, they are even conducted remotely via a video link.

    Who is responsible for the safety of my child at school?

    In the UK, the responsibility for the safety of children at school lies with the school’s staff and management. Under Section 175 of the Education Act 2002, all schools, including nurseries, are legally required to take all reasonable measures to ensure the safety and well-being of students, including:

    • Having a detailed health and safety policy that outlines its obligations and actions to prevent accidents;
    • Providing adequate supervision during school hours, as well as a reasonable period before and after school when children are on the premises;
    • Ensuring the health and safety of students on school trips and providing a level of care suitable for the age of the children and the activities they are engaged in.

    The Health and Safety at Work Act 1974 also imposes a duty to ensure the health, safety, and welfare of students, staff, and visitors. That includes taking reasonable steps to prevent accidents and injuries from occurring, including:

    • Identify any potential hazards on their premises that could pose a risk to the health and safety of students and others, such as loose or damaged equipment, inadequate supervision, or unsafe working practices;
    • Assess the risks associated with these hazards and take reasonable steps to reduce or eliminate them. That may involve implementing new policies and procedures, providing additional training for staff, or repairing or replacing equipment;
    • Monitor and review their health and safety policies and procedures on an ongoing basis to ensure they remain effective and up to date. They must also take appropriate action to address arising accidents, incidents, or near misses.

    Finally, schools also have a duty of care towards students and visitors under the Occupiers’ Liability Act 1957. Specifically, this duty includes taking health and safety measures such as:

    • Take reasonable care to ensure that students are safe from harm while on the school premises;
    • Warn students and visitors of any potential hazards or dangers that may exist on the property;
    • Provide reasonable facilities to enter and exit the premises safely;
    • Maintain the property in a reasonably safe condition;
    • Conduct regular inspections of the property to identify and correct any hazards.

    If your child was injured at school due to a breach of these duties, you might have a valid school accident claim. To find out if you are eligible for compensation, you can enter your details into our online claim form to receive a call back from a friendly legal adviser.

    Common causes of school accidents

    Your child could be injured at school due to one of many common causes, including:

    Playground accidents

    Playground accidents are the most common type of accidents in schools. Children may get injured using swings, slides, monkey bars, and other playground equipment. These accidents can occur due to poor maintenance or design, inappropriate use, or lack of supervision.

    Sports injuries

    Sports injuries are also common in schools and can lead to sprains, strains, and fractures while playing sports such as football, basketball, or rugby. Sports accidents can occur during organised activities, physical education classes, and informal games on school grounds during break times.

    Slips, trips and falls

    Slips, trips, and falls are one of the most common types of school accidents that can occur, despite being highly preventable. These can happen due to slippery floors, uneven surfaces, loose flooring or objects left in walkways. It is essential for schools to regularly assess and identify potential hazards that could cause slips or trips and take steps to eliminate or mitigate them to prevent accidents.

    Accidents in science labs

    Science labs can be dangerous places, and students can suffer severe injuries from explosions, fires, and chemical spills. Accidents in science labs can be due to a lack of proper training, inadequate use of equipment, lack of supervision or faulty safety equipment.

    Bullying

    Bullying is a serious issue that can lead to emotional and physical harm to students. While it may not always result in a physical injury, it can still be considered a school accident if the school has failed to take reasonable steps to prevent or address it. Bullying can have a long-lasting psychological impact on children.

    Accidents on school buses

    Accidents on school buses can happen due to various reasons, such as driver error, poor vehicle maintenance, inadequate safety measures, or the actions of other passengers. It is the responsibility of the school and the bus company to ensure that appropriate safety measures are in place and that the driver is appropriately trained and qualified to operate the bus.

    Food poisoning

    Food poisoning can occur after consuming contaminated food or water and can be due to school negligence. Schools have a responsibility to ensure that the food they serve is safe for consumption. That includes following proper food handling and preparation procedures, storing food at the correct temperature, and ensuring the kitchen equipment is clean and properly functioning.

    Accidents on school trips

    School trips can be exciting and educational for students, but they can also pose certain risks and hazards. Students can suffer injuries from accidents while travelling, during outdoor activities, or in unfamiliar environments. Schools should also have appropriate insurance in place to cover any accidents or injuries that may occur during school trips.

    Common injuries leading to a school accident claim

    Many types of accidents at school can result in various injuries to students or teachers, ranging from minor to life-changing and even fatal traumas. Common injuries that may lead to a school accident claim include:

    • Fractures to the arms, legs, and collarbone are common in falls and sports injuries;
    • Head injuries, such as concussions and more serious traumatic brain injuries (TBIs), can result from falls, accidents in physical education (PE) class, or sports-related incidents;
    • Cuts and bruises are common injuries that can occur from falls, sports accidents, or equipment failure;
    • Sprains and strains are often caused by sports accidents, falls, or trips;
    • Burns can result from science lab accidents or accidents in cooking class;
    • Eye injuries can be due to exposure to hazardous substances, accidents in the science lab, or sports accidents;
    • Bullying or harassment can lead to emotional distress that may require psychological support.

    It is essential to note that any injury sustained by a child due to school negligence may be eligible for compensation. You should seek legal advice as soon as possible if you believe your child has been injured due to school negligence or a breach of duty on the part of the staff.

    Time limits to claim compensation for an accident at school

    The time limit to claim compensation for an accident at school is generally three years from the date of the accident or the date of knowledge of the injury. The date of knowledge is when an injury is diagnosed, or you became aware that your injury was due to someone else’s fault.

    However, when it comes to child accident claims, the three-year time limit to start a school injury claim does not begin until their 18th birthday. That means that a claim can be made by the child or on their behalf at any time before they turn 21.

    If the child has suffered a severe brain injury or other types of traumas affecting their mental capacity long-term, the time limit is suspended indefinitely. In this case, a litigation friend could claim on their behalf at any time, even when they are an adult.

    However, it is essential to note that the sooner you start a claim, the better. It can be more difficult to gather evidence and establish liability for an incident as time passes, and waiting too long may result in the claim being statute-barred. Additionally, starting the claims process earlier means that the child injured at school could receive any necessary medical treatment or rehabilitation sooner, which can improve their chances of making a full recovery.

    You should seek legal advice from a personal injury solicitor as soon as possible following the accident, who can provide guidance on the time limits and specific requirements for making a school accident claim.

    How much compensation will I receive in a school injury claim?

    The amount of compensation you may receive in a school injury claim will depend on several factors, such as:

    • The nature and extent of the injury
    • The impact on your child’s life
    • The effects on your life and your work
    • Any financial losses and expenses related to the injury
    • The circumstances of the accident at school

    The compensation award is usually divided into two types of damages, which are:

    General damages: compensation for the pain and suffering caused by the injury, and any ongoing physical or psychological effects, such as:

    • Physical pain and suffering
    • Scarring and disfigurement
    • Reduced quality of life and impaired development
    • Loss of enjoyment of life
    • Emotional and psychological trauma

    Special damages: compensation for any financial losses you have suffered as a result of the injury, such as:

    • Cost of medication and private treatments
    • Counselling and rehabilitation
    • Travel expenses to and from medical appointments
    • Home tutors, if the child cannot return to school right away
    • The cost of mobility aids and other medical devices
    • Lost wages if you had to take time off work to care for your child

    The compensation for special damages is awarded based on all the receipts, invoices and other evidence of financial losses you can provide. The compensation for general damages is more difficult to calculate and is based on the guidelines published by the Judicial College. You can refer to our compensation calculator to find out more about the recommendations made in the Judicial College Guidelines.

    The amount of compensation you receive will vary depending on the circumstances of the case, and it is difficult to provide an estimate without knowing the specifics of your situation. However, a personal injury solicitor can help you understand the potential value of your claim and will work to secure the maximum compensation available to you.

    Start a no win no fee school injury claim

    If your solicitor agrees to take on your case, they will offer you a no win no fee agreement, also known as a Conditional Fee Agreement (CFA). That means you will not have to pay any legal fees if your claim is unsuccessful. However, if your claim is successful, they will receive a percentage of the compensation awarded for the risk they took by signing a CFA. The success fee is agreed upon before starting legal proceedings and cannot exceed 25% of your settlement.

    As part of the no win no fee agreement, your solicitor will also ensure that you have After the Event (ATE) insurance. The ATE is designed to cover the legal costs and expenses associated with making a claim, such as court fees, expert witness fees, and the cost of obtaining medical reports in the event of a loss.

    There are many benefits associated with the no win no fee service, including:

    • There are no upfront costs to pay, so you can pursue a claim regardless of your financial situation;
    • If your case is unsuccessful, you do not have to pay any legal charges or fees to your solicitor, meaning there is no financial risk to you;
    • As your solicitor only gets paid if your claim is successful, they are motivated to work hard on your case and get you the compensation you deserve;
    • Your solicitor will have extensive experience handling claims for school negligence and will handle the legal proceedings while you can focus on your child.

    If you believe you have valid grounds for suing a school for personal injury, call 0800 470 0474 or request a call back to receive a free consultation with a legal adviser. If your case has merit, they will offer you a no win no fee agreement so that you can seek compensation with total peace of mind.