Parents may take a lot of time to choose their children’s school. Points such as safety, success, and a good OFSTED report may be studied before the decision is finally made. As a rule, people tend to assume that schools are safe places, and in most cases they are, but sometimes things could go wrong, and a pupil, someone working at the school, or even a parent in the playground could be injured as a result. If this has happened to you or your child, then you may wish to look into making a public school personal injury claim. Within the sections in the guide below, we cover such questions as can you sue a school for injury UK, what to do if a child is injured at school, procedures for reporting and recording accidents in school, teachers rights when assaulted, and much more. Take a look below, and if you have any questions, then get in touch with us for advice. We’re here to help.
Choose A Section
- A Guide To Public School Personal Injury Claims
- What Is A Public School Accident Or Injury?
- Public School Personal Injury Claim Compensation Claim Calculator
- Different Types Of Damages Which You Could Be Eligible To Claim
- Schools Duty Of Care To Teachers And Students
- When Is A School Liable For An Accident Or Injury On Their Property?
- Common Accidents Which Could Lead To A Public School Injury
- Accidents To Pupils And Staff Outside Of School Or On A School Trip
- Injuries Which Could Happen In A Public School
- How To Claim Compensation On Behalf Of A Child
- How Much Time Could You Have To Make A School Accident Claim
- No Win No Fee Public School Personal Injury Claims
- How To Begin A Claim For A Public School Injury
If you’ve landed on this page as you think you or your child may have a public school personal injury claim, you’re in the right place. While you may be surprised that accidents at school actually occur, they have happened, and people have made school accident claims before. Within the following sections of the guide, we will attempt to answer some of the most pressing questions about a child injured by another child, a teaching assistant assaulted by a pupil, accident policy in primary schools, and other incidents that may cause injury at school. Whether you are a teacher injured at a school on a broken chair, or the parent of a child who has been injured in one of the accidents in the school playground that could happen, we can help provide advice on making a public school personal injury claim with a personal injury lawyer.
Can I sue my child’s school for an injury UK? I was in an accident at a public school as a teacher – could I claim? I was a parent injured in a public place – would I have a claim? These are all valid questions. In terms of differentiating between a public school injury that could potentially lead to a claim, and an injury at a public school that would not likely lead to a claim, there are some criteria that should be met for a public school personal injury claim to be possible. These are as follows:
- There should have been an injury caused by an accident that wasn’t your fault
- Someone should have had a duty of care to ensure your safety
- That someone (or entity) failed in this duty
- You were injured as a result
Examples of a public school personal injury claim that could potentially lead to public injury claims could include:
- Public accident claims leading from poorly maintained play equipment
- A child injured at school by another child UK where poor supervision was deemed to be the cause
- Faulty equipment in the school leading to a public school accident to a teacher, or a child
This is just a short list of possibilities for a public school personal injury claim. If you have suffered an accident at a school and you believe it should not have happened or it could have been prevented, then it would be wise to consult with a personal injury solicitor to see if you have ground to launch a public school personal injury claim.
One thing you might want to know is how much compensation you are going to receive if you go ahead and make a compensation claim and it is successful. One option is to use a personal injury claims calculator. However, we think the best way to go about this is to take a look at guidelines made by the Judicial College so that you can get an understanding of what similar cases may have fetched in. We have gathered this information for you below. If you cannot find the injury that you have sustained in the table below, don’t worry – you may still be able to make a claim. We would be happy to try and help you to get a better understanding of the sort of payout you could be looking at.
|Injury Type||Notes/Severity||Guideline Payout Amount|
|Moderate PTSD||In such circumstances, the person will have recovered for the most part. Any continual effects are not going to be grossly disabling.||Up to £7,170|
|Severe psychological damage||£48,080 - £101,470|
|Less severe wrist injuries||Injuries whereby there could be some permanent disability, for example, this would be a degree of stiffness and persisting pain.||£11,040 - £21,480|
|Minor back injuries||This payout bracket incorporates soft tissue injuries, as well as less serious strains, disc prolapses, and sprains.||Up to £10,970|
|Moderate neck injuries||Injuries such as dislocations are fractures. Immediate symptoms will be severe.||£21,910 - £33,750|
|Moderate foot injuries||Those that require immobility while healing||Up to £21,910|
It doesn’t matter what type of injury your child has suffered, if it was through no fault of their own, one of the main questions you may want to discover the answer to is how much compensation you could get. Sadly this question is quite difficult to answer. Without knowing the specifics of your case, it is impossible to provide an exact figure. Nevertheless, this section aims to provide an insight into how compensation is calculated and the damages you may claim.
Firstly, it is imperative to acknowledge that compensation amounts differ dramatically. You only need to look at the table in the section above to see that this is the case.
It is important to realise that you may get compensation for two things when you have suffered an injury. The first thing you may receive compensation for is obviously your suffering – i.e. the pain your child has been in and the impact the injury is going to have on their everyday life. However, aside from this, your child or you may also be eligible for compensation for any special damages. This relates to any expenses you have encountered solely because of your injury. This could be anything from care costs and transport expenses, to loss of earnings while you looked after your child and medical expenses.
When it comes to health and safety, all schools need to take reasonable steps to determine the risks at their premises and to put measures in place to reduce them. This is known as a duty of care. The UK Government provides useful insight on this on their website. You can also check out this link for information on reporting incidents that happen in schools. All schools should have a health and safety policy. If you want to read it, the school should permit you to do so – simply ask them to view it.
All schools owe their teachers and students a duty of care. This means that they have to take reasonable steps to ensure that a safe and healthy environment has been provided. However, it is worth noting here that when it comes to car crashes outside of the school gates, adults and children are treated very differently in terms of duty of care. Children are expected to be less aware and more inquisitive when it comes to potential dangers when compared with adults. Because of this, children are owed a greater level of duty of care when compared with visitors and employers.
There are so many different accidents and injuries that could potentially happen at a public school. Examples include:
- Food that has not been prepared correctly, causing food poisoning.
- Trips, slips, and falls on school premises.
- Sporting accidents.
- Unsafe equipment such as chairs and desks.
- Injuries caused by dangerous walkways, playgrounds, and buildings.
- Accidents when using play equipment.
Of course, there are accidents that could happen to members of staff as well. This could be injuries that have been caused because of unmaintained equipment or unsafe work conditions, for example. You could also make a claim if you were the victim of an assault or any other type of criminal activity and you do not believe the school did enough to protect you.
While injuries and accidents are as likely to happen on a school trip as they could inside of the school, this does not mean the school will be held liable. It all depends on the circumstances of what has happened. You would need to show that the school is to blame, i.e. that they failed in their duty to supervise the child as they should have been. You may also be able to make a claim if your child or you have been injured at the school gates.
When making a school accident claim, it may help to know the school procedures, including their health and safety rules in order to avoid accidents. With all that said, some accidents may be due to someone else falling foul of the rules. Some of the most common incidents range from food poisoning and sports injuries to unsafe school equipment and injuries caused because of poor supervision. You may also be able to make a claim if there has been a school bus accident injury claim. However, this does depend on the circumstances of what happened.
Are you considering using a solicitor to make a public school personal injury claim on behalf of your child? If so, there is no denying that your solicitor will do most of the hard work for you, especially if you select one with care. Nonetheless, you do have a role to play and you may be able to enhance your chances of getting the full amount of compensation you deserve if you pay attention to the tips that will be provided below.
Get Medical Attention
First and foremost, it is imperative that you take your child to see a doctor after the incident. It does not matter how good the solicitor, if you do not get medical attention, they may find it more challenging to help you win your case. After all, there will be no medical records of your child’s injury, and so how can you explain to claim for an injury if there is no proof of you having sustained one? If your child has not seen a medical professional yet, then your lawyer may be able to help you to arrange this in your local area.
Keep Proof Of Expenses Incurred
The next thing you need to do is make sure you keep proof of all the expenses you have experienced because of the injury your child has suffered. This includes everything from travel and accommodation costs, to loss of income, to medical expenses and hospital parking. As long as the costs have occurred because of your child’s injury, you might be entitled to claim for them.
Make Your Claim As Soon As Possible
It may be a good idea to get in touch with a solicitor as soon as you can. Many people may not realise that there is a time limit on personal injury claims. This time limit is usually three years. If you do not make a claim within three years of suffering an injury you may find it extremely difficult to get any compensation. However, the limit can be slightly more lenient when it comes to child accident claims or workplace illness that occurs over a period of time, so it may be wise to seek advice on this.
Find A Quality Solicitor
This last point is what we could help you with. We have contacts with a selection of no win no fee solicitors around the UK. We only recommend no win no fee solicitors. This ensures you benefit from a good service and you don’t need any money to begin your claim.
If you are making a public school personal injury claim for the first time it is likely that you will have a lot of questions. In fact, one of the main reasons why so many people in the United Kingdom may not receive the compensation they are entitled to is because there may be a lack of knowledge surrounding making such a claim and how to deal with accidents in school.
This may also be the case when it comes to the time limits on making a public school personal injury claim when using a solicitor. A lot of people may not realise there are time constraints. They may believe if they have suffered a personal injury they can claim for it whenever. Unfortunately, this is not the case. You must adhere to the personal injury claims time limit.
You may be thinking, surely if you have suffered an injury, you would claim straight away? Of course, this is an obvious viewpoint to take. However, a lot of people may want to cope with their injury, i.e. the recovery process and coming to terms with the incident before making a claim. This may especially be the case when their child has been hurt. There may also be incidents whereby individuals may not even discover they could have been entitled to compensation until several years down the line.
So, how long do you have to make a claim with a solicitor’s help? Usually, you will have three years since the accident in a public place occurred. However, there are indeed instances whereby injuries do not show themselves straight away. In these cases, you could have three years since being diagnosed with the injury by a medical professional.
As a parent, though, you may find rather than having three years since your child was injured, you may be able to make a claim until your child turns 18-years-old. After this, your child then has three years to make a public school personal injury claim if you do not. However, it is not advised to leave it this long because it could be difficult for your child to claim years later when the details are not fresh.
In order to claim, a good number of people may assume that they would have to find a retainer, that is an amount of money to put down on legal fees so that their chosen personal injury solicitor would begin working on their public school personal injury claim. However, there is a way for people to begin their public school personal injury claim without the need for a heavy deposit. No win no fee claimants can benefit from legal assistance without upfront payments. They simply have to sign an agreement that legal fees will be taken from the eventual compensation payout. If no compensation is forthcoming, then they wouldn’t need to pay fees. This can offer much comfort for those fearing they would risk their own funds to make a public school personal injury claim. This is not the only benefit, however. As people know their solicitor would not receive their legal fees should the school injury compensation claim go awry, they can be sure the lawyer would be working as hard as they could to effect a successful claim.
If you are ready to make a public school personal injury claim, we have some good resources to help you make a claim. We know that it may be very overwhelming when it comes to accidents and injuries, especially when your child is involved. You want to make sure that there is someone reliable and experienced to assist you. This is why we have gathered some credible resources to help you get started. For a recommendation specific to your case, just contact our team and we’ll help.
GOV- School Safety for Children – The government’s page on safety at school.
HSE Schools – What the HSE says about schools
Information on injuries at schools – For further research on this type of accident
Public accident claims – Our definitive guide on public accidents.
Slips and trips on Council property – Here, you can find our guide.