School Accident Compensation Claims Solicitors

When can I claim compensation for a school accident?

You can claim compensation for a school accident if it happens because someone has been negligent. The members of staff at any school have a duty of care to the pupils at that school, as well as anyone visiting the premises.

This duty of care applies during lessons, break periods, activities such as games, and organised trips elsewhere. It also covers equipment used by pupils, the condition of school buildings and the state of any outdoor spaces.

The law dealing with safety in schools is the Health and Safety at Work etc. Act 1974. This states that schools have to take all reasonable steps to keep pupils safe.

To make a school accident claim you need to prove that:

• The school owed a duty of care to the injured person.
• They failed to meet this duty of care in some way.
• As a result of this failure someone suffered harm in the form of an injury or illness.

If you’re not sure whether the injury was caused by negligence, contact our specialist personal injury solicitors. If we think you have the grounds to make a school accident compensation claim we’ll work to help you prove it.

How much compensation could I get for a school accident claim?

The amount of compensation you could get for a school accident claim will vary depending on the nature of the injury and the impact it has. You might get a few thousand pounds for a minor injury, up to hundreds of thousands for injuries which are life-changing and permanent.

The amount of compensation for a school accident claim will depend on the following:

• The part of the body injured and how severe the injury is.
• The pain and distress caused.
• The psychological impact of the injury.
• If any further treatment will be needed.
• Whether a full recovery is expected.
• Any financial impact the injury has had.

The final compensation settlement will be made up of general damages and special damages.

What are general damages in a school accident compensation claim?

General damages are an amount of compensation paid on the basis of the injury itself. They will reflect the pain, suffering and loss of amenity caused.

The figure will be decided with the help of the Judicial College Guidelines (JCG). This specialist legal publication sets out suggested amounts for specific types of injury.

Examples in the latest edition of the JCG include:

• Less serious leg injury – £11,120 to £17,180
• Facial disfigurement with less significant scarring – £4,820 to £16,770
• Moderate back injury – £15,260 to £33,880
• Minor head injury-£2,690 to £15,580

What are special damages in a school accident compensation claim?

Special damages are intended to reflect the financial impact of a school accident. They should cover any financial losses and direct expenses.

Examples of amounts which might be included in special damages for a school accident include the following:

• Earnings lost because you had to take time off work to care for your injured child.
• The cost of any additional care your child requires.
• An amount to reflect care provided free of charge by family members.
• The cost of any adaptations you have to make to your home to accommodate your child’s injury.
• Travel costs to and from any medical appointments relating to your child’s injuries.
• The cost of any specialised equipment needed, such as mobility aids.
• Any medical costs relating to your child’s injuries, now and in the future.
• The cost of any tutoring needed to make up for time your child has to take off school.

Can I make a no win no fee school accident compensation claim?

Yes, if you make a school accident compensation claim with Beacon Law we will work on a no win no fee basis. This means that you don’t have to pay us up-front, or as we collect evidence and negotiate on your behalf.

If your claim is successful we will take a fee amounting to no more than 25% of the compensation awarded to your child. If the claim fails then costs like the legal fees of the other party will be covered by insurance we take out.

Our no win no fee approach means that you can claim compensation for your injured child without worrying about costs and fees. As long as your claim is honest, truthful and genuine, you won’t have to pay anything.

What is the time limit for a school accident compensation claim?

The time limit for most personal injury claims is three years, as set out in the Limitation Act 1980. In most claims the three years run from the date of the accident.

If the injured party is under 18 at the time of the accident, however, the three year limit will run from their 18th birthday until their 21st.

Can I make a school accident compensation claim on behalf of my child?

Yes, you can make a school accident compensation claim on behalf of your child. Rather than them waiting for their 18th birthday you could claim immediately following the accident.

Speak to our personal injury claims solicitors about applying to the courts to become a litigation friend. Litigation friends can be parents, guardians, or close family members.

As a litigation friend for your child you would be able to make the school accident compensation claim on their behalf. You would take decisions for them and make sure that their best interests are protected throughout.

Starting a school accident compensation claim immediately following the accident will make it easier to gather the relevant evidence.

What evidence will I need to make a school accident compensation claim?

The evidence to support a school accident claim might include the following:

• Your child’s account of the accident in which they were injured.
• Any official entry made in the school’s accident book.
• Any available CCTV footage of the school accident.
• Photographic or video evidence of the scene of the accident, particularly factors such as dangerous or faulty equipment, damaged flooring etc.
• Accounts from any eyewitnesses to the accident.
• Your child’s medical records, particularly details of any treatment since the accident.
• Photographs of your child’s injuries.
• Proof of any financial impact of the school accident. This could include bank statements and wage slips showing any lost earnings, and receipts for direct expenses.

What is the process of making a school accident compensation claim?

The process of making a school accident compensation claim begins when you contact Beacon Law. Our personal injury solicitors will provide a free, no obligation consultation.

If we think you have strong grounds to make a school accident compensation claim we’ll explain how the process works. Our aim is to handle the stress of processing the claim and negotiating with the school, leaving you to focus on your child.

We’ll gather the evidence to support your claim. This includes telling you what paperwork to keep to record any financial impact the injury has.

We will arrange an independent medical evaluation of your child’s injury. This will give us a full understanding of the nature and severity of the injury and the prognosis for the future.

We’ll contact the other party to tell them that you are claiming compensation. We handle all negotiations on your behalf, and in the majority of cases liability is established at this stage.

Once liability has been admitted we will negotiate a compensation settlement. We know how much your child should be entitled to and will negotiate for 100% of this amount.

If the other party won’t admit liability the claim might have to be settled in court. If this happens we will be by your side to support and represent you throughout.

Who will I make a school accident compensation claim against?

Your school accident compensation claim will be made against whoever operates the school. If it’s a state school then this is likely to be the local authority.

In the case of a nursery or private school the claim will be made against the owner of the nursery or school. If the school is an academy then the responsible party could be an Academy Trust.

If you contact our personal injury solicitors with details of the school your child attends we’ll explain who any compensation claim will be made against.

What will happen to any compensation awarded to my child following a school accident claim?

If you make a successful school accident claim on behalf of your child the compensation will not be paid to you. It will be put into a trust created by the Court Funds Office (CFO).

You may be able to withdraw funds from the account for the benefit of your child. If you need funds to pay for medical treatment for your child, for example, you could apply to the court and present evidence.

When they turn eighteen, your child will be able to apply to have the compensation turned over to them.

What kind of school accident can I claim compensation for?

You can make a school accident compensation claim for any kind of accident which happens because the school has acted negligently. The negligence could take the form of a lack of supervision, damaged or unsafe equipment being used, poor risk assessment or a dangerous school environment.

Can I claim compensation for an accident in the school playground?

You might be able to claim compensation for an accident in the school playground if it happened due to negligence. The negligence in question could be badly maintained playground equipment or children playing without adequate supervision.

Can I make a school accident compensation claim for a slip, trip or fall?

Yes, you might be able to make a school accident compensation claim for a slip, trip or fall if it could reasonably have been prevented. A slip could be caused by negligence if a spill in a corridor hasn’t been cleaned promptly or signposted, for example.

You may also be able to claim for a slip, trip or fall if it happens because of poorly lit stairs or damaged flooring.

Can I make a school accident compensation claim for food poisoning?

Yes, you might be able to make a school accident compensation claim for food poisoning if it happened because of poor hygiene standards or badly prepared food.

Can I claim compensation for an accident caused by faulty school equipment?

You might be able to make a compensation claim for a school accident caused by faulty or dangerous school equipment. This could include sharp edges on desks or chairs, or unsafe fittings.

A lack of supervision or proper instruction could also lead to an accident in a specialised classroom setting, such as a science laboratory or art room. Letting children access dangerous substances without supervision or adequate personal protective equipment (PPE) could also be negligent.

Can I make a school accident compensation claim for a sports injury?

Yes, you might be able to make a school accident compensation claim for a sports injury caused by negligence. Examples would include a lack of supervision during sporting activity, or pupils being given the wrong equipment.

If you’re not sure whether the accident that injured your child was caused by negligence, contact the expert personal injury solicitors at Beacon Law. We’ll use our experience of making successful school accident compensation claims to decide if the school breached their duty of care.

Can I make a school accident compensation claim for something that happened off school grounds?

Yes, you might be able to make a school accident compensation claim for an accident which happens off school grounds if it is during a school activity. The school still has a duty of care when pupils are on a school trip, for example.

If your child is injured during a school trip because they weren’t being supervised, you may be able to claim compensation. Other forms of negligence could include not carrying out a proper risk assessment of out of school activities, or having an unsafe pupil to teacher ratio.

Why should I choose Beacon Law for my school accident compensation claim?

You should choose Beacon Law for your school accident compensation claim because we specialise in claims dealing with the law around health and safety. We know what it takes to prove negligence when dealing with bodies such as Academy Trusts and local authorities.

We bring more than 200 years’ worth of combined legal experience to every claim we handle. That’s why we settle the majority of school accident claims through mediation, without having to go to court.

We understand how stressful it can be for a child to be injured when a school lets you down. We help our school accident clients with access to the support networks available to parents, and any treatment needed.

We do all of this on a no win no fee basis so you don’t have to worry about affordability. We’ll never take more than 25% of the compensation we win for you.

If your child has been injured in a school accident then contact us today. If we think you have grounds to claim compensation, we’ll get to work for you and your child.