Schools are great places that allow our children to learn new things and grow into capable little humans. Unfortunately, there are times when your child can get injured whilst in the care of the school. Minor injuries such as tripping in the playground or bumping into another child are often purely accidental, but sometimes serious incidents can occur.
Schools have a duty of care to keep your little ones safe, so if the accident happens due to negligence then you may have a legal case.
Immediate steps and documentation
It can be hard to know what to do in the immediate aftermath of an accident. It will likely have been a traumatic and distressing situation for both you and your child.
If you can, take some photos of your child’s injuries. As these will be time-stamped, they will prove useful if you do need them as evidence in the future.
As well as photographs of the injury, you may be able to document the scene of the accident as well. Keep an eye out for any security cameras as they may have recorded what happened. This means you can have an unbiased view of the incident.
Witness statements are good too in the event there isn’t any CCTV. It is worth remembering that memories change over time so be sure to ask people if they will tell you their version of events as soon as possible.
Schools will need to be notified of the injury if they aren’t already. This is standard procedure as it will need to be recorded and investigated internally as well.
Understanding your child’s legal protections
The legislation that protects children in schools is part of the Education Act 2002, among other laws. It is regularly reviewed and amended, meaning that schools have a responsibility to keep updated on any revisions.
It is quite clear when it states that all adults working in a school or education setting should be part of the safeguarding of children. That can include making sure the environment is free from hazards, protecting them from mistreatment and ensuring any reports made are taken seriously.
Filing a compensation claim for personal injury
Normally, a personal injury claim would need to be filed within three years of the accident occurring. But, because a child is involved, the claim’s three-year timer only kicks in once they turn 18. So, you have until they turn 21 to file the claim.
Choosing the right legal representation is key. Make sure you find a law firm that is experienced in personal injury claims and that understands the upheaval such an incident has had on your life. The claims process can be a complex one with both sides fighting their case. Having representation you can trust will help it feel a lot less overwhelming which is important if your child is under 18.
