Q&A - Can I make a school accident compensation claim for my son’s broken elbow?

Q:  My eight year old tripped at school a year ago and fell. Despite complaining of severe arm pain the teacher said he was just making a fuss, sent him to the quiet room and left him. No-one attempted to contact me. When I collected him at home time I immediately saw something was wrong and took him to A&E. It transpired he had a tricky double fracture of the elbow. Since then he has been difficult about going to school and is still suffering pain. Some days I have had to take time off work because of it and lose pay. I am so angry with the school. Can I make a claim for injury compensation against the school on his behalf?

A:  There certainly appears to be grounds for a compensation claim. You may be appointed to act as your son’s ‘Litigation Friend’ (as he is a minor) and bring a compensation claim on his behalf.

The claim would include compensation for the pain and suffering your son has endured due to his accident, including any psychological/ psychiatric injury suffered. In addition it would include your out of pocket expenses comprising of, for example, your loss of earnings, travelling expenses to medical appointments and any extra care and services you provided to your son, as a result of his injury. There may also be other associated costs you have incurred.
If a settlement can be reached the Court will need to approve it and the money will be invested until your son reaches 18. At the Court hearing, your Solicitor can ask the Judge to make an Order that the sums recovered in respect of your own financial losses (including lost earnings) be paid out of the award to you directly.

You should gather as much evidence and information as you can and make an appointment to see an experienced local personal injury solicitor.

Article 25/11/2019

Robert Williams

Robert Williams

Partner and Complaints Handler

Partner and Head of the Civil Litigation, Personal Injury and Dispute Resolution team in Wrexham

Claire Parfitt

Claire Parfitt

Senior Solicitor

Senior Solicitor within our Civil Litigation team in Wrexham and Oswestry