School Accident Claims – How Much Compensation Can You Claim?

Local authorities and academies have a duty of care to protect children and staff at school. While safety procedures are in place, accidents can still occur. If the school could have prevented the accident by acting differently, you may be eligible to make a school accident claim for compensation.

In this guide to school accident claims, we’ll look at the types of accidents that could happen in a school, how parents can make a personal injury claim on behalf of a child injured at school, and what amount of compensation could be paid for a range of different injuries. Importantly, claims may be possible for injuries on school property (buildings, school playgrounds etc,) as well as those sustained on school trips or excursions.

To find out more about claiming for an accident in a school, please read the rest of this guide. Alternatively, if you would like to discuss your options with us right away, please call 0800 6524 881 for a free consultation.

Am I Eligible To Make A School Accident Claim?

Anybody who has been injured in a school accident may be able to claim compensation if negligence was to blame, whether they’re a pupil, a teacher, a visitor, or another person injured on school premises.

Generally, to make a successful school accident claim, you will need evidence that proves:

• The school breached their legal duty of care; and
• An accident/incident occurred as a result; and
• You or your child suffered an injury in the incident.

Importantly, it would be impossible for a school to be completely free from any risks. However, they do need to take steps to prevent accidents and injuries at school where possible. This can be achieved by performing regular risk assessments. Something else that’s worth noting is that children can be less aware of risks than adults might be in the same situation. Therefore, the law expects schools to implement stronger health and safety procedures to help keep children as safe as possible.

Common Causes Of School Accident Claims

It would be impossible to list every accident in a school that could cause a pupil to be injured. Again, though, you can’t claim against a school in all circumstances. There must be some form of negligence that led to an accident for claims against schools to be possible.

Some examples of common school accidents include:

• Slips, trips, and falls. These can result from damaged flooring, wet floors, uneven paths, or poorly maintained school grounds in general.
• Inadequate supervision. Accidents can happen when children are not properly supervised, particularly during playtime or physical education (PE).
• Defective equipment. Faulty or poorly maintained school playground equipment, furniture, or sports gear can lead to injuries.
• Unsafe classroom conditions. Hazards such as exposed wires, broken chairs, or unsafe storage of stationery and other materials can cause accidents.
• Sports injuries. Lack of proper safety equipment, inadequate training, or poor supervision during physical education can result in injury.
• Food-related incidents. Burns, allergic reactions, or food poisoning due to improper food handling or lack of awareness about allergies.

This list isn’t conclusive, but it’s designed to give you some idea about why school accident claims might be possible. Please call our specialists if you’d like to discuss your options.

Common Injuries Suffered By School Children

The amount of compensation your child could receive will be based on the severity of their injuries. In the list below, we’ve listed some common injuries at school that could lead to a personal injury claim:

• Head injuries to children, such as a concussion.
• Broken or fractured bones.
• Strains, sprains and soft tissue injuries.
• Cuts, bruises and lacerations.

Please get in touch if your child has suffered an injury at school which you believe entitles them to compensation.

How Much Compensation For A Child Injured At School?

As every accident and injury to children will vary, so will the amount of compensation that could be claimed. When you make your claim, your solicitor will discuss the accident and the severity of the injuries and how you and your child have been affected. Then they will split the claim into two separate parts when calculating how much compensation should be paid:

• The first part, general damages, looks at the pain and suffering your child endured due to their injuries. It also covers the loss of amenity. A simple example here is where a value is placed on the fact that your child cannot communicate with their friends via social media because they fractured their wrist in a fall.
• Special damages could be claimed if any costs have arisen from your child’s injuries. These could include travel costs, lost earnings and future losses, and the cost of replacing personal property damaged during the accident.

You can refer to this page for more details on these damages if you wish to do so.

Importantly, the value of any claim can differ due to various factors. Once your child’s injuries have been properly assessed during the claims process, your solicitor should be able to provide a more accurate compensation estimate.

Evidence To Support A School Accident Claim

With any type of personal injury claim for an injured child, you are going to need evidence to establish what happened, who was responsible for the accident, and what injuries were sustained. Therefore, we’ve listed some examples of the evidence that could be used to support a school accident claim below:

• Accident report forms. Legally, schools need to have an accident report book. Any accident should then be recorded and provide details of who was injured, when the accident happened, and what injuries were sustained. Your copy of this form would make it hard for the school’s insurers to deny the accident took place.
• Medical notes. Any injury to a child should be assessed by a medical professional. If you do decide to claim, medical notes from your doctor or hospital could be used as evidence to prove the extent of your child’s injuries.
• Photos. If you’re able to, it is a good idea to take a picture of the accident scene.
• Witness details. You should ask the school (or your child) who else was present when the accident happened. That’s because a solicitor may ask them for a statement if the school’s version of events is different to yours.
• CCTV evidence. If the accident happened in a part of the school that was covered by security cameras, you could request a copy of the footage. This should be requested quickly as some recordings aren’t kept for long.

If you have collected evidence already and would like our claims advisors to check over it, or need advice or help in obtaining evidence, please get in touch.

Time Limits For Claiming School Injury Compensation

The time limit for claiming school injury compensation will typically depend on several factors:

• For children injured at school. The three-year time limit doesn’t start until the child turns 18. This means they have until their 21st birthday to make a claim. However, a parent or guardian could become a litigation friend and claim on their behalf before the child turns 18.
• For adults. The standard time limit is three years from the date of the injury or from when you became aware that the injury was caused by negligence. This is in line with the general personal injury claims time limit.
• For those with impaired mental capacity. If somebody injured at school lacks the mental capacity to make a claim, the three-year time limit may not apply. However, a litigation friend could claim on their behalf. If a claim isn’t made and the person later regains mental capacity, the three-year time limit would then begin from that point.

Do bear in mind that 3 years may seem a good amount of time to claim, but your solicitor will use some of this building the case. Therefore, we’d suggest seeking legal advice from a personal injury solicitor on our team as soon as possible.

Do I Need A Solicitor To File A School Accident Claim?

When claiming compensation for an injury at school, you’ll need to prove how it happened, why the school or responsible party was at fault, and what injuries either you or your child sustained. Even if the situation seems straightforward, providing clear and solid evidence is vital to ensuring you receive the compensation you deserve.

We believe your chances will increase if you have a No Win No Fee accident solicitor working on your case. If your case is accepted, your solicitor will typically.

• Help collect evidence that will support your school accident claim.
• Arrange for an independent medical examination to assess the extent of injuries sustained.
• Handle all legal aspects of the claim, including responding to any queries or objections, so you won’t have to deal with the school or its insurers directly.
• Provide regular updates on the progress of your case, ensuring you’re fully informed every step of the way.
• Work tirelessly to obtain the highest possible compensation for your child’s or your injuries.

Throughout the claims process, you will receive advice, support, and regular updates. If a compensation offer is sent by the school’s insurers, it will be discussed with you to assess whether you feel it is sufficient. Where needed, your solicitor will aim to supply extra supporting evidence if possible to try and negotiate a higher settlement amount.

How Long Does A School Accident Claim Take?

The time it takes to process a school accident claim can vary, usually depending on several factors such as the complexity of the case, what evidence is required and the ease of obtaining it, and the willingness to admit liability. Generally, a straightforward claim may take several months, whereas more complex cases can take more than a year for the claim to be settled.

It’s important to keep in mind that each school accident claim is unique, so we’d recommend consulting with a personal injury solicitor who can give you a better idea of the time frame for your specific case.

What Happens If The School Or Local Authority Disputes My Claim?

Should the school or the local authority dispute your claim, it typically means that they don’t believe they are liable for the accident or that the injuries and compensation you are claiming are not a result of the accident. In these cases, the process of resolving the claim may become more complex and may need additional evidence, investigation and negotiations.

If the dispute cannot be amicably resolved through negotiation, the school accident claim may proceed to court, where a judge will determine liability and the amount of compensation to be awarded if successful.

Starting The School Accident Claims Process

If you’re considering starting a claim for an injury at school, please call us on 0800 6524 881. Alternatively, you can request a callback at a convenient time by filling in the form on this page, or connect with a claims advisor via our live chat.

If a school accident claim is viable, we can arrange for a solicitor to begin working on your school accident claim right away.