By Danielle Graves. Last Updated 6th October 2023. If your child has been injured at school, you may wish to know how to sue them for negligence. In this guide, we unpack everything you need to know about child personal injury claims.
When we leave our children at a nursery in the care of someone else, we expect them to be kept safe from harm and well looked after by the teachers and nursery staff.
Leaving our children, particularly for the first few times can be hard and we need to be able to feel that we can trust that the nursery staff will take good care of the most precious person in our life. The last thing we expect is to find that our child has been injured, in particular, when due to negligence.
If your child has been injured whilst at nursery due to the negligence of the nursery staff, you can make a claim for compensation.
Legal Helpline has an experienced panel of personal injury claim specialists that have helped many people over the years with suing a nursery for negligence successfully. We’re more than happy to help you to get the compensation you and your child deserves.
To kickstart your case, reach out to our team by:
- Giving them a call on 0161 696 9685
- Chat with our personal injury advisers now using our live chat
- Or write to us about your case by clicking here
Jump to a Section
- How Do You Sue A Nursery School For Negligence?
- Examples Of Accidents In Nursery Schools
- Examples Of Evidence For Children’s Accident Claims
- What Does A Personal Injury Compensation Payout Include?
- Compensation Payouts In Child Personal Injury Claims
- Sue A Nursery School On A No Win No Fee Basis
- Learn More About How To Sue A Nursery School
You may be eligible to make a child personal injury claim if your child has been injured at a nursery school. However, you will need to prove that your child was injured due to the school breaching its duty of care.
The Occupier’s Liability Act 1957 outlines the duty of care all occupiers owe members of the public. An occupier is the party that is in control of a public space. They must ensure the reasonable safety of visitors who are using the premises for their intended purpose.
Additionally, the Health and Safety At Work etc. Act 1974 states that an employer owes a duty of care and is required to take reasonable steps to ensure the reasonable safety of their employees.
To be eligible to make a child personal injury claim, you should be able to illustrate the following:
- The nursery owed a duty of care to your child.
- There was a breach of this legal duty.
- Due to this breach, your child was injured.
If your circumstances reflect the criteria above, you could be eligible to sue a nursery school for negligence on behalf of your child.
Furthermore, with child injury claims, there are time limitations to be aware of when you are planning to start your legal proceedings on behalf of your child.
The Limitation Act 1980 highlights that generally, with personal injury claims, you will have three years to start a claim from the date you were injured.
However, for those injured that are under the age of 18, the time limit is paused until their 18th birthday. During this time, a court-appointed litigation friend could make a claim on their behalf. From their 18th birthday, they will have 3 years to start a claim if one has not already been made.
Contact our advisors today to learn more about making a personal injury claim against a nursery.
There are various ways your child could suffer an injury while at nursery. Here are a few examples of incidents in a nursery setting that could occur:
- A slip, trip or fall injury can result in bruising or a fractured bone. For example, any obstructions that have been left in a walkway can result in a trip accident.
- A fall from a height can cause a head injury. For example, if a stair gate is left open, a child could fall down the stairs.
- Scalds could occur if a staff member leaves a hot drink in a location where it could be spilled by a child.
- If play equipment isn’t regularly checked for damage, children could suffer injuries, including cuts and lacerations.
If your child is injured at school, who is responsible may be a question you have. Our advisors can help you understand who was liable for the accident in which your child sustained harm. Additionally, they can help you understand how to sue a school for negligence in the UK. Please get in touch on the number above for further guidance.
If you are eligible to make a personal injury claim on behalf of your child, you will need to collect sufficient evidence. This could help prove liability as well as the injuries caused by the accident from the nursery.
Some examples of evidence that could be useful in children’s accident claims include:
- A copy of your child’s medical records, which state the type of injury they suffered and the treatment they required.
- The contact information of anyone who witnessed the accident so they can give a statement later into the claiming process.
- Photographs. These could be of your child’s injury, of the accident scene or of any equipment that caused the accident.
If you have any questions about child personal injury claims, please get in touch with our advisors. In addition to answering your questions, they can advise you on what evidence could be used to support a claim made on behalf of your child.
There are a number of different items that can be included in a personal injury compensation claim that then make up the final award amount. The compensation claim should include the following:
- General damages – These account for the physical and psychological pain and suffering the child has endured. The severity of the injury will be considered with the more serious injuries gaining higher amounts.
- Special damages – Although usually uncommon among accident at nursery school claims, this section covers any lost earnings on the child’s behalf. Any child actors or models that may have lost earnings or potential earnings can include this in their claim.
If a child is injured in an accident at a nursery due to negligence, the appropriate amount needs to be calculated and awarded in accordance with the level of pain and suffering experienced. The figure is known as a general damages payment.
In order for legal professionals to arrive at a sum that is deemed appropriate, they will need to consult medical evidence regarding the injury or injuries sustained.
In addition to this, the Judicial College Guidelines (JCG) are also used. This publication, last updated in 2022, contains rough figures that pertain to the value of certain injuries in terms of compensation. The amounts are based on past court cases.
We have included some example figures from the JCG in the table below. Injuries can vary in how severe they are, and this is often reflected in the value of a general damages payment.
|Reason for Compensation||Average Payout Amount||Notes|
|Back Injuries - Minor (i)||Up to £160,980||A full recovery from a minor back injury, such as a sprain or strain, takes place within 2 to 5 years.|
|Neck Injuries - Severe (i)||In the region of £148,330||A severe neck injury resulting in permanent spastic quadriparesis or associated with incomplete paraplegia.|
|Knee Injuries - Severe (ii)||£52,120 to £69,730||Limited movement and constant pain caused by a leg fracture that has extended into the knee joint.|
|Hand Injuries - Serious||£29,000 to £61,910||The hand's capacity has been reduced t 50%.|
|Wrist Injuries||£47,620 to £59,860||The wrist has suffered a complete loss of function, such as when an arthrodesis has been performed.|
|Facial Scarring Injuries - Less Severe||£17,960 to £48,420||There is a substantial disfigurement and a significant psychological reaction.|
|Leg Injuries - Less Serious (i)||£17,960 to £27,760||An incomplete recovery has been made from a fracture or a serious soft tissue injury.|
|Arm Injuries||£6,610 to £19,200||Simple forearm fractures.|
|Head Injuries - Minor||£2,210 to £12,770||Any brain damage will be minimal and various factors will be considered such as the severity of the initial injury.|
Whilst the table may give you an idea as to the value of some child accident claims, speaking directly with our advisors is the best way to obtain an accurate valuation. Online resources such as a compensation calculator do not always take all factors into account.
One of the main problems that put people off of making a compensation claim, is the thought of how they will be able to afford the necessary legal fees especially if it takes several months or even years to come to a conclusion, and also the worry of the risk of a huge financial loss if their case was not successful.
At Legal Helpline, as mentioned earlier, we offer a no win no fee service. With this service, you are not required to pay any monies upfront or during the whole of the claiming process, and in the situation where the case is unsuccessful, you will not be required to pay any legal fees at all and so, therefore, eliminating any risk to your current finances. In the situation where your case is successful, however, and the court’s award you compensation, although we will then ask for payment of our legal fees, we take this as a small percentage of the awarded amount, therefore still not denting your current finances at all.
Our no win no fee policy offers our clients the opportunity to claim the compensation that they deserve without the stress or worry of financial risk.
Speak To Legal Helpline Today
You’ve nearly reached the end of our guide to accident at nursery school claims.
If your child was injured whilst at nursery, it is likely that someone was to blame and a compensation claim for your child’s injuries can be made. Seeking legal help from a personal injury claims management firm is the best first step to take as they will have experience in dealing with cases like yours and know what needs to be done to ensure its success and that your child receives the compensation they deserve.
Legal Helpline has years of experience and can help you to make your compensation claim on a no win no fee basis. You’ll be offered a free consultancy session and will not be required to pay any legal costs upfront or during the process, what have you got to lose?
Call us on 0161 696 9685 and we will endeavour to help you and your child successfully claim the compensation award you deserve.
In this last section of our guide on accident at nursery school claims, we’ve included some other guides you may find interesting, as well as the answers to some frequently asked questions.
If you suffered an arm injury while working in a nursery school, or your child suffered an arm injury while attending nursery school, this page explains how to claim compensation for an accident at work.
If you’ve injured yourself in an accident in a public park, this guide will tell you what you need to know.
Click here to read our in-depth guide to head injury claims.
Here is the HSE guide on reporting accidents to Ofsted and reporting safeguarding incidents or nursery accidents.
This link takes us to the HSE guidelines on how to keep children safe whilst at nursery or school. If your child was injured because these guidelines were not being followed, you may have a legitimate cause to claim compensation for negligence.