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Advice If Your Child Is Injured When Under School Care? – How Much Compensation Can I Claim For Personal Injury? – Help Guide

As a parent or guardian, it is your responsibility to keep your child safe from harm when they are directly under your care. However, when they attend school or are on a school trip, the school has a duty of care towards them. A duty of care means that the school is legally obliged to take every reasonable precaution, to uphold the child’s health and safety. This means that if the school acts negligently, or fails to act, resulting in an avoidable accident where your child is injured or made ill, they could be held legally liable for any injuries. As a result, you the parent or guardian, may be able to claim compensation for your child injured under school care. This compensation will cover the costs of any medical treatment or care your child may need and your child will also be able to access funds, after their 18th birthday.

Child injured under school care

Child injured under school care

If your child was injured because of school negligence, have confidence in Legal Expert to provide you with the right personal injury solicitor to handle your child injured under school care claim. Our solicitors have up to three decades of experience handling claims like these, so you could have confidence in us to handle your claim with the utmost professionalism. What’s more, we will also fight to win your child the maximum amount of compensation they are owed for their accident at school. If you have a child who was injured on a school playground, a special needs child who was hurt at school, or your child was injured in the classroom, and you feel it was due to negligence or error on the part of the school your child could be entitled to claim compensation.

Call Legal Expert and ask us “can I sue my child’s school for an injury?” One of our advisors will be able to assess the situation to see if there is a legitimate claim. If your child is entitled to claim, we will provide you as their litigation friend with an excellent personal injury solicitor who will start working on the claim immediately. We could also estimate how much compensation could be awarded, based on personal circumstances. Call Legal Expert on 0800 073 8804 today, to speak to an advisor.

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A Guide To Making A Claim If Your Child Was Injured When Under School Care

Clients often ask us, “can I sue the school if my child gets hurt?” If your child was injured because of negligent actions or inactions on the part of a school you could be entitled to claim compensation on your child’s behalf for their injuries. In this guide to making a compensation claim if your child was injured when under school care, we will provide you with information about your child’s rights and how to pursue a claim. We will answer frequently asked questions such as: is a school liable for injuries? How do schools deal with accidents? And what are the causes of accidents at a school? We will also advise you on how to find the right personal injury lawyer to handle your claim, and will explain the benefits of making a no win no fee claim.

If your child was injured when under school care because of negligence on the part of the school, you could be entitled to claim compensation for your child. Call Legal Expert today, to see if you are entitled to claim for compensation on behalf of your child. If you have legitimate grounds to claim, one of our personal injury solicitors will be assigned to your case right away.

School’s Responsibility To Keep Children Safe

When your child is on school premises, it is the responsibility of the school to provide them with a safe and hygienic environment in which to learn and play. Laws such as The Occupiers Act of 1957 uphold this principle, which states that businesses and organisations (including schools) have a duty of care towards particular institutions.

Does this mean that every time your child is injured at school, it is the fault of the school? No. Unavoidable accidents could happen which no one could have prevented. Also, children are still developing in their maturity and judgement, so may make a poor decision which causes them to come to harm, which the school may not be responsible for. However, if the accident was caused by a negligent action, or inaction or error on the part of the school, and resulted in the child becoming injured or ill, then the school could be held liable for their injuries.

Liability For Accidents At A School

In some cases, liability for a child’s negligent accident whilst under school care could rest with another party. For example, if your child was injured on a field trip where the venue neglected their duty of care towards their visitors, resulting in an avoidable accident that harmed your child, then they could be held liable for the injuries instead. In this instance the liability for the accident is not easy to determine, your solicitor will conduct a full investigation on your behalf.

A school may be liable for an accident at school or even on a school trip if they fail in their duty of care towards their pupils. If for some reason they breach this duty, maybe not supervising students when necessary and an accident happens resulting in an injury the school may be held accountable.

What To Do If Your Child Is Injured Under School Care?

We will now look at what to do if a child is injured at school. Of course, if your child is injured at school this could be a distressing experience for your child, and of course you. If you are called into school to see your injured child, your first priority should, of course, involve keeping your child calm and seeking the appropriate medical treatment. But you could also take steps to gather evidence at the scene of the accident to support your compensation claim, which we have shared below.

What To Do If A Child Is Injured At School?

  • Seek the appropriate medical treatment: Of course, the most important thing to do if your child is injured or made ill is take them to the doctor or a hospital’s Accident and Emergency (A&E) department, as appropriate. Not only will your child receive the medical treatment that they need, as a result of their injuries, you will also receive a medical report written by the doctor. This will explain the nature of the injuries, how long the injuries are likely to affect your child and what medical treatment your child will need as a result. The medical report could be used as evidence to support your child’s claim, and determine the value of the claim.
  • If it is possible, take photographs of the hazard that caused your child’s injuries. This will provide evidence of their injuries.
  • If it is possible, take photographs of your child’s injuries, to provide visual evidence.
  • Talk to anyone who witnessed your child’s accidents. This could be a member of staff at the school.
  • Report the accident to the school and ensure it is recorded accurately in the school’s accident log book. This should include the date and time of the accident.
  • Keep the receipts of any purchases you have to make because of your child’s injuries. You may be able to claim these back as special damages, and they could also provide evidence of your claim.
  • If there is any CCTV footage of the accident available, request a copy.

Was The Injury Caused By Negligence Or An Intentional Act?

A child could be harmed in an instance of bullying where a child is injured at school by another child. In this case, in order for the school to be liable it must be proven that in some way the school could have prevented the harm from happening.

If a child is hurt physically by another child then depending on a certain criteria such as age, harm caused and circumstances a parent may pursue criminal injury compensation for their child.

Remember, any case of intentional harm or abuse is unacceptable. If your child’s school was not adequately protecting children from these despicable actions, claiming compensation may be a realistic option. You may be able to claim compensation to cover the cost of any treatment they may need as a result, including psychological treatment and medical treatment and pain, suffering and loss of amenity they suffered.

My Child Was Injured By Another Pupil Under School Care

Was your child injured at school by another child, in the UK? If yes then your child could be entitled to claim compensation if your child was intentionally injured by another child at school, UK law states that the age of criminal culpability is 10 so if the child who attacked your child was over the age of 10, you may wish to prosecute them and claim criminal compensation. Could you sue a school for injury in the UK, if another child was at fault? This all depends on the circumstances and what level of supervision was expected.

If you are unsure as to whether the injury your child has sustained while under the care of school is eligible for compensation call Legal Expert and take advantage of our free consultation to have the case assess.

My Child Was Injured At School Due To Poor Maintenance, Who Is Liable?

The Occupiers Act of 1957 instructs that businesses and organisations alike, must properly maintain their premises so that they do not cause a health or safety hazard that could injure anyone on their premises. If the child was injured because the school did not maintain the building and grounds to proper standards, you could potentially be able to make a school accident compensation claim on behalf of your child depending on the circumstances. Examples of ways that a child could be injured at a school due to poor maintenance could include: poorly maintained walkways causing slip, trip or fall accidents, poorly maintained school playgrounds causing slip, trip or fall accidents, ceiling tiles coming loose and hitting children, or children being hit by faulty gym equipment.

If your child has been injured or made ill at school, because the school is in a state of repair or due to poor maintenance, call us today to see if your child is entitled to claim.

My Child Had An Allergic Reaction At The School, Could I Claim Compensation?

Some allergic reactions, such as food allergies may have serious effects on a child. In extreme cases, a child could potentially die by consuming or being exposed to a substance that they are allergic to. If the school knowingly exposed your child to a substance that they are allergic to, for example, the cafeteria staff served food to your child that contained nuts, when they had already been informed that your child suffered from a nut allergy, and your child suffered an allergic reaction as a result, then you could be entitled to claim compensation on your child’s behalf. Other allergies include animal hair, medication, and art materials.

Call Legal Expert today, to see if you could make a personal injury claim for an allergic reaction, on behalf of your child.

My Child Had A Fall Accident Under School Care Are They Eligible For Compensation?

According to the Royal Society For The Prevention Of Accidents (ROSPA) the most common way a child is likely to be injured at school is suffering from a slip, trip or fall accident. This could be caused on the school playground if there are broken paving slabs, a crack in the concrete, or there is icy weather and the playground has not been properly de-iced. Inside the school building, spillages on the floor that have not been properly mopped up, broken flooring or poor maintenance on a staircase could all cause a child to fall. If your child has been seriously injured because of a slip or fall accident at school, call Legal Expert to see if you could claim compensation on their behalf.

Can You Claim If Your Child Is Injured In A Playground Under School Care?

Of course, getting a scraped knee or a bruise on the playground is a normal part of growing up. However, if a child has been seriously injured in a school playground (for example, an injury that causes them to miss three days off school, or has a significant effect on them), then a
child injured on school playground could receive compensation if the reason for their accident was negligence on the part of the school.

Here are some examples of reasons a child may be injured at school;

  • Children falling on a playground that has not been de-iced or gritted during bad weather.
  • Children being injured by poorly maintained play equipment.
  • Children being injured due to lack of adult supervision.

Could I Claim If My Child Was Injured On A School Trip?

If you send your child on a school trip, for the day or where they spend a few nights away from home, you trust the school to take adequate care of them. If your child was injured in an accident that was not their fault while on a school trip identifying liability could be difficult. Just because your child is injured when under school care does not mean that the school is automatically at fault if they are injured on a school trip. For example, if the school coach is involved in an accident and your child is injured, due to negligence on the part of another driver, then the claim would be against the other driver, not your child’s school. A solicitor would be able to investigate liability. Call Legal Expert today.

What Could I Claim?

If the personal injury claim is successful, your child will be awarded compensation for their injuries. The main part of a compensation claim is general damages, these compensate the victim for the pain, suffering and loss of amenity that their injuries caused. Your child will be able to access these funds when they reach the age of 18. You will also be able to claim special damages for the child’s injuries. These will reimburse you for any expenses their injuries have caused you, or provide funds to pay for any care they may need in the future. This could include: medical expenses, travel expenses, home adaptation expenses, at home care expenses and mobility equipment expenses, amongst others. You will be able to access special damages, as needed.

Compensation Claims Calculator

If your child has been negligently injured or made ill when under school care, use our personal injury claims calculator to estimate how much compensation they could be entitled to claim. Alternatively, call Legal Expert today and one of our advisors will give you a compensation claims quote that is tailored to you.

Type Of InjuryCompensation Amounts Notes
Moderate Neck Injuries £2,150 - £3,810Soft tissue injuries that will fully recover in 3 to 12 months.
Fracture of Clavicle £4,520 - £10,730The award will be concentrated on the level of the fracture, disability, symptoms and if there will be any permanent effects.
An Uncomplicated Colles' Fracture.In the region of £6,510Distal forearm fracture in which the radius is bent.
Severe Fractures to Fingers Up to £32,210Fractures to multiple fingers. The amount will be concerned with whether there will be future amputations of the fingers, deformity and impairment of grip.
Moderate Knee Injury £13,010 - £22,960Dislocation, torn cartilage or meniscus which results in minor instability, wasting, weakness or other mild future disability.
Moderate Achilles Tendon Injury £11,040 - £18,480Rupture or significant injury to the tendon. The amount awarded will be based on recovery, pain, functionality and any disability.
Moderate Psychological Injuries £5,130 - £16,720A person's ability to be able to function and cope with work, family and other parts of life. Possible future vulnerability. However improvement is expected and future prognosis is good.
Facial Scarring £7,990 - £26,380Significant scarring to the face reduced by plastic surgery leaving cosmetic disability.
Food Poisoning £800 - £3,460 Pain, cramps and diarrhoea continuing for some days or weeks.

No Win No Fee Claims When You Child Is Injured Under School Care

If your child has been injured at school, because of school negligence, you could be entitled to claim compensation for your child. Why not consider making a no win no fee claim. This means that the solicitor will handle your personal injury claim without charging you an upfront fee. You will only have to pay your solicitors fees if the case is won. In the unlikely circumstance that the compensation claim is not successful, you will not have to pay us a penny.

Call us today, to enquire about making a no win no fee claim. Or read our online guide to no win no fee compensation claims, to find out more.

Contact A Personal Injury Solicitor Today

Legal Expert is an established personal injury law firm that could deal with a case involving an injured child sensitively and professionally. Our solicitors will always push to win the maximum amount of compensation that your child could be entitled to receive, to ensure that they don’t get shortchanged. In fact, our solicitors have up to 30 years of experience, so we’re more than prepared to handle your claim.

If your child was injured on a school playground or injured while under school care in an accident that was not their fault causing avoidable injuries, call us today for your free consultation and if you are entitled to claim on behalf of your child we will provide you with the right personal injury solicitor for the job. We’re looking forward to hearing from you.

Useful Links

How Much Can I Claim If My Child Has An Accident At School?
Find out how much your child could be entitled to if your child has been injured at school in this guide.

How Much Compensation Can I Claim For A Nursery Or School Accident?
How much compensated could be awarded? Discover in this guide.

Edited By Melissa.

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