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Our school accident solicitors deal with compensation claims for personal injury due to negligence by a third party occurring in nurseries, schools, colleges and universities. We operate the no win no fee* scheme otherwise known as a conditional fee agreement. No legal charge is payable unless the legal case is won and the client obtains an award of compensation. In the event that the legal claim is lost there is no charge made to the client. You do not have to fund or finance your claim as it proceeds. Our claims are totally risk free.

If you would like free advice without further obligation from a school accident solicitor who is a member of the Solicitors Regulation Authority panel of personal injury experts just complete the contact form, use the helpline or email our offices.

School Accident Solicitors

A wide range of personal injury claims are dealt with by our school accident solicitors. In almost all circumstances it is necessary to show that there was negligence. The following list is not exhaustive but outlines some of the more common issues that lead to a school accident compensation claim :-

  • slip, trip or fall injury on school premises
  • injured due to defective premises including play areas
  • injured out of school whilst under school supervision
  • injured by defective equipment including furniture & gymnasium equipment
  • exposed to asbestos within the school building causing an asbestos related disease
  • injured whilst lifting or carrying heavy objects without adequate training, supervision or equipment
  • been injured in a gymnasium or sports accident due to negligence
  • injured due to inadequate supervision in or out of school
  • injured because of inadequate safety equipment or protective clothing
  • contracted food poisoning due to hygiene standards
  • inadequate provision of first aid resulting in further injury
  • psychological or physical injury due to bullying
  • physical injury due to criminal assault or violent attack

Negligence Law

The concept of negligence has been developed over the last century and in its simplest terms may be defined as follows.

    Negligence is a failure to use reasonable care which is defined as doing something which a reasonably prudent person would not do, or the failure to do something which a reasonably prudent person would do under similar circumstances.

This means that anyone who is injured in a nursery, school, college or university where someone else is to blame may claim compensation. There are many circumstances where the establishment is vicariously liable for the actions of their employees for failing to reach adequate standards of control and supervision or in certain circumstances for the behaviour of others attending that establishment. In some cases action may be taken against the establishment for self inflicted harm if there has been no adequate supervision or training or a failure to provide safety equipment or protective clothing.

Compensation Awards

The amount of the award of damages for pain and suffering in a school accident compensation claim depends on the extent of the injury, the recovery time and whether or not there are any long term consequences including disability . Compensation for pain and suffering is determined by judges after consideration of previously decided cases and application of government guidelines tempered by their own previous experience as both a practicing lawyer and a judge.

In addition to the award for pain and suffering a claim can be made for all reasonably incurred losses and expenses including the following items :-

  • loss of income
  • disadvantage on the job market
  • deterioration of lifestyle
  • loss of amenity
  • loss of potential for congenial employment
  • loss of personal property
  • special aids & equipment
  • alterations to living accommodation
  • special transport needs
  • cost of travelling
  • cost of care
  • compensation for family members time
  • general expenses
  • medical expenses
  • legal expenses
  • reasonably incurred losses

Time limits

The Limitation Act 1980 outlines time limits for school accident compensation claims involving personal injury. In general terms a three year limit is imposed subject to certain exceptions. This means that a claim must either be settled or a summons must have been issued in court of law claiming damages or the case becomes statute barred and the opportunity to claim compensation may have been lost forever.

In the case of a minor, that is someone under the age of 18 years, the limitation period does not start to run until the eighteen birthday is attained meaning the period des not expire until the eve of the 21st birthday. In the case of the mentally disabled time does not start to run until such time as full mental capacity is regained which in many cases means that time may never run and a claim can be instigated at any time in the future. It is worth mentioning that time does not start to run in all cases until the injury is actually discovered which may be many years after the incident(s) giving rise to the claim.

In addition the court has a wide discretion to alter time limits however this is rarely exercised and cannot be relied upon. Limitation issues can be complex matters and advice should always be sought from a qualified lawyer.



*Legal Information

The author of the substantive medical writing on this website is Dr. Christine Traxler MD whose biography can be read here