School Accident Compensation Claims
Every parent dreads the call which says that their child has been hurt in an accident at school – even though when we were at school, we were having accidents all the time. It is a fact of life that children run around and sometimes get hurt. But when they sustain an injury due to the lack of care of those to whom we entrust the safety of our children, you are entitled to make a school accident compensation claim.
About School Accident Claims
School accident compensation claims can arise from injuries sustain in any learning facility (schools, colleges, nurseries etc.) where your child has sustained an injury through the negligence of the institution which they attend. It could be something as simple as a slip, trip or fall on a poorly maintained surface, or an accident in the gym where equipment is faulty or the child has not been shown how to use it safely.
Other incidents that could lead to a school accident compensation claim include being injured when moving heavy furniture, being injured when not properly supervised on a school outing, exposure to asbestos or food poisoning. Injuries from these examples, and many more besides, may not only occur to children, but parents and education personnel at the school as well.
Procedures after a School Accident
Whenever your child is injured in a school accident, your natural instinct will be to get them to a hospital or your family GP as soon as possible. You should also apply that same urgency to any injury you sustain yourself, for even minor injuries, when left untreated, can deteriorate into life-long health issues. Your doctor´s notes will be used to support a claim for school accident compensation.
If the school has not already made a report of the incident in their “Accident Report Book”, you should ensure that they do. Once any health issues are resolved, take photographs of what caused the injury, speak with other children – or parents of children – who might have witnessed the school accident and request a copy of the entry in the “Accident Report Book”, as this should also be submitted with your claim for school accident compensation.
Making a Claim for School Accident Compensation
School accident compensation claims are made to the Injuries Board Ireland as with any other personal injury claim for compensation. However, when they affect a minor, the claim form cannot be submitted online, and will need the approval of the court before settlement can be paid. Furthermore, all child injury compensation claims have to be made through their parent or guardian, acting as their “next friend”. Because of these conditions – and even when a child is not the victim of the school accident – it is always in your best interests to make your school accident compensation claim with the assistance of an experienced personal injury claims solicitor.
A solicitor will ensure that your application for school accident compensation is comprehensively prepared to create the strongest possible case in the event your claim for school accident compensation has to go to court. This could happen if the school authority deny their liability for you or your child´s injuries, or claim that you contributed to them by your own lack of care. Litigation in court might also be necessary if the assessment made by the Injuries Board Ireland fails to account for the full extent of your injuries (or that of your child’s) and you run the risk of being under-compensated.
School Accident Claims and Third Party Capture
A further risk of being under compensated could happen if you are approached by an insurance company representing the school, with an early offer of school accident compensation. Although the school may be truly upset that you or your child have sustained an injury, their public liability insurers – who will the people responsible for settling your school accident compensation claim – may not be so charitable, and frequently their offers will not represent the true value of what you are entitled to.
Their approach is not necessarily a bad thing, as it leaves the door open for negotiation. An experienced personal injury claims solicitor who has previously prepared the strongest possible case on your behalf will be able to argue for a fair and adequate settlement. This revised settlement could be resolved even before the Injuries Board Ireland make their assessment of your school accident compensation claim.
Free School Accident Claims Advice
If you or your child has been injured in a school accident, where the school or educational institution failed in their duty of care towards you, you are invited to call our free school accidents claims advice service on 1-800 989 988. Our solicitors will be able to answer any legal questions you may have, offer helpful and constructive advice and establish whether you have a school accident compensation claim which is worth your while to pursue.
All calls to our free school accident claims advice service are entirely confidential, and there is no obligation on you to proceed with a claim for school accident compensation once you have spoken with us. For clients who would rather that we call them, we also operate a call-back service which you can utilise by leaving your contact details in one of the call-back boxes on this page, and one of our experienced personal injury claims solicitors will get back in touch with you.