When you send your children to school and nursery, you trust those in charge to take good care of them and make sure they are safe. Thankfully, most of the time, they do, and many schools and nurseries provide a supportive and nurturing environment within which your children can thrive.

Sometimes, though, things go wrong. If your child is injured in an accident while under the care of their school or nursery, you may be able to make a personal injury claim on their behalf.

How likely is it your child will be injured at school or nursery?

The chances your child will be seriously injured at school or nursery are, you’ll be pleased to hear, pretty slim. While minor cuts and scrapes are commonplace amidst the rough and tumble of the schoolyard, the occurrence of more serious injuries in these settings is low. In fact, according to a report prepared by the Royal Society for the Prevention of Accidents (RoSPA), children under the age of ten are at greater risk of injury while at home rather than at school or nursery.

However, accidents can and sadly do happen in nurseries and schools. The RoSPA report mentioned earlier notes that 10–14-year-olds are at the highest risk of injury at school.

Furthermore, the most common type of injury for those under 14 is a ‘fall’— most falls occur at school. The report states that, in 2009, a total of 723,740 ten to nineteen-year-olds and 317,022 under-nine-year-olds visited A&E due to an incident that occurred while they were at school or playing sports.

When can you make a personal injury claim for an accident at nursery or school?

Often, accidents at nurseries or schools are nobody’s fault and result in a minor injury easily seen to with a plaster and a little TLC. However, some accidents are due to the failings or negligence of the school or nursery. In those cases, if your child suffers injury, you may be able to make a claim for compensation on their behalf.

Schools and nurseries owe the children who attend their premises a legal duty of care. By this, we mean they must take reasonable steps to provide a safe environment and prevent the children under their care from coming to harm while at the school or on its wider grounds, such as the school playground or playing fields. If the school or nursery breaches that legal duty and, as a result, your child gets injured or develops an illness, you may be able to bring an accident compensation claim on behalf of your child.

Examples of issues that may give rise to a personal injury claim against a school or nursery include:

• Trips, slips, or falls on the school or nursery premises, for example, due to poorly maintained grounds or spillages that no one cleared up. These accidents can cause your child to sustain serious harm, such as lacerations, broken bones, or even brain injuries.
• Accidents caused by defective facilities, such as broken play equipment, faulty chairs, or damaged lab equipment. These accidents can cause a range of injuries, including to your child’s back, eyes, or head, as well as burns and lacerations.
• Food poisoning caused by inadequate food hygiene or poorly prepared food.
• Allergic reactions occur when the school or nursery gives your child food that they know your child is allergic to.
•  Accidents caused by inadequate supervision from a suitable adult.

How do you bring a child injury claim against a school or nursery on behalf of your child?

Your child cannot bring an injury compensation claim themselves since they must be 18 or over to initiate legal proceedings. However, you or another eligible person can make a claim on their behalf, acting as their ‘litigation friend’.

Except for a few differences arising from your child being a minor, the claims process will be the same as any other personal injury case. The exception is that you will make decisions for your child about essential aspects of the matter, such as whether to accept any settlement offers. Very few personal injury claims reach trial, and chances are that your child’s case will be settled through negotiations between our personal injury solicitors and the other party’s legal team.

One significant difference between personal injury claims brought by adults and those made by children is that, in claims made by a child, the court must approve any proposed settlement of the claim. The court’s involvement ensures that the settlement figure is fair and will not leave your child undercompensated.

If you decide against filing a personal injury claim for your child, they can do it themselves when they turn 18, provided they start their claim within three years, i.e before their 21st birthday. It’s always better to act sooner rather than later in personal injury claims. Otherwise, your child will need to collect evidence to support their claim, possibly 10 or more years after the accident happened.

Who do you make the personal injury claim against?

The appropriate defendant in your child’s claim will depend on where they were injured. For example, it could be the owners of the nursery, the school itself, or the local authority. Our personal injury solicitors will soon find the correct defendant to pursue after you have asked them to act on you/your child’s behalf.

How much compensation will your child receive?

Your child is entitled to compensation for an injury sustained in an accident that wasn’t their fault. Compensation is referred to by lawyers as ‘damages’, and damages are broken down into two types, known as special and general damages.

Special damages reflect the financial impact of the accident. The aim of getting compensation for your special damages is to put you and your child back in the financial situation you would have been in had the accident not happened.

For example, your child’s special damages claim might include:

• Rehabilitation expenses such as physiotherapy,
• Travel costs to and from medical appointments,
• Medical expenses that the NHS does not cover.

If a child suffers serious injuries, they may need assistance for years to come or even the rest of their life, should the injuries be life changing. Ongoing care needs, the cost of home alterations, provision of a specially adapted car, further treatment costs, specialist equipment, future loss of earnings, and more can all be recovered provided there is evidence to support their need and the cost.

General damages compensate your child for their pain, suffering, and loss of amenity. The level of general damages will depend on factors unique to your child’s case, including the nature of their injury and how it affects their daily life.

No two cases are the same, and even similar injuries can have markedly different impacts on those who sustain them.

To provide personal injury solicitors and judges with a guide to the appropriate amount of compensation for specific injury types, the Judicial College has developed guidelines setting out suggested ranges of general damages, or compensation, for different types of injury.

When will your child receive their compensation?

Your child’s compensation will be held on trust in a court account until they turn 18. In some cases, the court may allow access to the funds sooner.

How do you fund a personal injury claim on behalf of your child?

Find a firm of personal injury solicitors which specialises in helping clients injured in accidents that weren’t their fault to a child injury claim. When making your choice, ensure they will handle the claim on No Win No Fee basis.  

By entering into a No Win No Fee arrangement with the solicitor if you were to lose your claim, you would have nothing  to pay in fees – neither to the solicitor for the school or nursery’s insurance company, nor to your own solicitor. You will only pay your solicitor a fee if you win your case and receive compensation.

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Becky

Meet the award-nominated UK lifestyle blogger behind Spirited Puddle Jumper – a mum of three living in South East London! Becky shares the real ups and downs of family life, parenting tips, and lifestyle inspiration, proving that being a mum doesn’t mean you stop being fun or having other interests! Follow along for honest insights into UK family life and opinions on a whole range of topics, from travel and food, to beauty reviews, home and DIY, business and health and wellness.