By Joanne Jeffries. Last Updated October 5th 2021. Welcome to our guide on how to make a school trip accident claim and accident at a school claims. Accidents can happen to us all in many ways and have many causes, and the same can be said for children’s school trip accidents. Your child might have a slip, trip or fall and end up with different injuries, from a simply grazed knee, to something more serious like a broken bone. Sometimes a children’s school trip accident can be due to the child’s own fault, but sometimes it can also be caused by the negligence of those responsible for taking care of the children.
Children’s school trip accident claim
If your child was injured on a school trip and it was caused by the negligence of the school or a third party, you could have grounds to make a claim for compensation. After the stress of taking care of your child following an accident during a school outing, making a claim might seem daunting and complex, but our solicitors could help guide you through the process and help you win compensation that could make all the difference to your child’s recovery.
Here at Accident Claims, we always get questions about making claims for school trip accidents in the UK, such as:
- Are schools responsible for student safety?
- What are the causes of an accident at school?
- Is a school liable for injuries?
- Can you sue a school if your child is hurt?
- What can I do if my child is injured at school?
To help answer some of these questions we have put together this guide to making no win no fee personal injury claims for a child injured on a school trip. This guide contains plenty of useful information on the process and limitations of making a claim, such as the personal injury claims time limit, claiming on behalf of a child, etc. If you can’t find what you are looking for here, or have any further questions, you can contact us directly for more accurate information on your child’s individual situation. You can reach us on 0800 073 8801, or alternatively, you could use our handy online contact form and we will call you back at a time you choose.
Select A Section
- A Guide To Children’s School Trip Accident Claims
- What Is A Children’s School Trip Accident?
- What Liability Does A School Have Towards Children?
- When Are Schools At Fault For A Child’s Accident?
- Children’s School Trip Accidents Abroad
- Children’s School Accidents At The School Entrance
- What Will Happen To The Compensation Awarded To A Child?
- Children’s School Trip Accident Compensation Calculator – Updated October 2021
- What Compensation Could I Claim On Behalf Of A Child In Accident At A School Claims?
- No Win No Fee Children’s School Trip Accident Claims And Accident At A School Claims
- Why Choose Our Team To Handle Your Accident At A School Claims?
- Start A Children’s School Trip Accident Claim
- Essential References About Accident At A School Claims
A Guide To Children’s School Trip Accident Claims
A children’s school trip accident is the last thing you want to hear about when your child returns from an outing with their school. Seeing your child suffering from an injury can be distressing for you, as well as your child, who has to cope with recovering from their injury. It is no surprise then that parents might decide to seek compensation if their child was injured on school trip in an accident that was not their fault.
Claiming compensation for children’s school trip accidents can be a complicated process, which is why it is recommended that you get advice from a legal professional. Our personal injury lawyers have extensive experience in handling claims for school trip accidents in the UK, and could help you through the process, and help you understand the complexities of claiming on behalf of your child.
This school trip accident claim guide has been put together to outline the steps and procedures to follow when claiming on behalf a your child who was injured in an accident on a school outing that was not their fault. Each case is different however, and it can sometimes be difficult to know if your circumstances justify making a claim for compensation. If you are unsure you can contact us today for free, no obligation legal advice, and we could help you decide if you would like to proceed with making a claim.
What Is A Children’s School Trip Accident?
You may ask, what is a school trip accident? A children’s school trip accident can involve a wide range of different circumstances. They can happen on the way to the destination, for example, a school trip car or bus accident that resulted in whiplash, or even a school trip plane crash if the trip was abroad. An accident on a school outing could include a an injury caused during a school skiing trip accident abroad, as well as slips and trips in school trip accidents in the UK. These are only examples of possible scenarios, and the varied nature of school field trip accidents means that no two cases are the same and will often require a different approach.
Determining who is liable for an accident on a school outing that caused injury to your child can be difficult. This is because there are many different parties involved, such as the school, services or facilities hired by the school such as hotels and transport. The school may not always be liable when children’s school trip accidents happen, and it depends on if they can demonstrate that they did everything reasonably possible to fulfil their duty of care to your child.
What Liability Does A School Have Towards Children?
As children are naturally more vulnerable to accidents due to being more inquisitive and less aware of their surroundings, schools are expected to ensure that they are suitably supervised, and the school environment is free of hazards and risks. For example, if a child is injured on school property, such as them getting an injury on school playground equipment that was faulty, then the school may be liable to pay compensation for that child’s injuries.
Schools are responsible for injuries that happen on school grounds while children are under their duty of care, and this is also the case for a child injured on school field trip. This is why schools are supposed to carry out a risk assessment for every planned trip or activity in school. The assessment covers the possible risks of injury or accident that the children may be exposed to, and also allows the school to determine the correct amount of adult supervision required to ensure the safety of the children. If your child’s injury was caused by a lack of supervision, or lapse in risk assessment by the school, then you could have grounds to make a claim.
When Are Schools At Fault For A Child’s Accident?
Claims for school trip accidents in the UK centre largely on the issue of supervision. It is generally understood that schools are expected to provide a higher level of care to children than adults, as they are more vulnerable and less aware of their environment. This can be done by ensuring that children are suitably supervised by a responsible adult that could help prevent children’s school trip accidents.
This is especially relevant when a school trip involves activities that may be higher risk, and schools are expected to take steps to prevent a children’s school trip accident by ensuring there is a sufficient number of adults supervising the group of children. Having enough adults present to be able to safely manage and guide the children could help to reduce the chance of an accident on a school outing, but if it can be proven that your child was injured on a school trip because the school failed to deliver an adequate duty of care, then there could be grounds to make a compensation claim.
Children’s School Trip Accidents Abroad
It has become common place for some school trips to take place abroad, but just like they would be if an injury occurred on school property, a school still has a duty of care towards its students. They must make an assessment of all possible risks and ensure that all the necessary steps have been take to reduce the chances of accidents and injuries to the children.
This is especially true if the trip involves higher risk activities, for example, there could be a school trip canoe accident where the children had been canoeing as part of an outdoor activity, or there could be an accident on the road during the trip causing whiplash injuries to your child or other students. In some cases, the liability may not always lie with the school, but rather a third party whose negligent actions led to the accident. Each case can vary greatly and would be pursued according to the individual circumstances of the case.
Children’s School Accidents At The School Entrance
When an accident happens outside the premises of the school, the school can no longer be held responsible for the safety of the children who have been injured. However, if children we injured while congregating outside the school gates while preparing to leave for a school trip, the school may still be liable for the child’s safety. The liability can vary greatly depending on the circumstances, especially if a third party, like another road user, was involved. These cases are tricky to determine the liability, and we recommend contacting us directly if you are unsure about who was responsible.
In cases where the children were not congregating outside for a school trip, and your child was injured by another road user, evidence would generally be collected to help determine who was responsible. In cases like these, there is an understanding that drivers have a further responsibility of care when driving in areas where children gather, and these cases would be handled differently that they would if an adult had been injured by the same driver in the same location.
If your child has been injured outside the school gates in accident that was not their fault, we recommend you contact us today for more accurate, specific advice on your child’s individual situation.
What Will Happen To The Compensation Awarded To A Child?
If your child has been injured in a children’s school trip accident and your claim for compensation is successful, then the court will hold the award until the child turns 18. There can be certain circumstances where an adult claiming on behalf of the child could make a specific request to the court. It is at the courts discretion to decide if there is valid reason for allowing premature access to the funds. To find out more, contact us today.
Children’s School Trip Accident Compensation Calculator – Updated October 2021
There are many different kinds of injuries a child could develop in an accident on a school outing, and depending on the severity, and impact on the child’s everyday life, different compensation amounts may be awarded. There is no substitute to contacting us directly for specific possible figures relating to your child’s injuries, but to give you a guide to the typical amounts awarded for claims for school trip accidents in the UK, we have included a personal injury claims calculator table below.
| Injury | Severity | Typical Amount Awarded | Comments on severity |
|---|---|---|---|
| Head Injury | Minor | £2,070 to £11,980 | This bracket varies greatly depending on the severity, and the length of time it takes to recover. This can also be affected by any lingering symptoms such as headaches. |
| Neck Injury | Severe | In the region of £139,21 | This bracket refers to injuries that result in incomplete paraplegia or resulting in permanent spastic quadriparesis, and little or no movement in the neck, paired with persistent headaches. |
| Neck Injury | Moderate | £23,460 to £36,120 | This bracket includes injuries to the neck and spine that may require spinal fusion, and affect other parts of the body. |
| Shoulder Injury | Severe | £18,020 to £45,070 | This bracket includes injuries that are associated with neck injuries, resulting in significant disability. |
| Shoulder Injury | Moderate | £7,410 to £11,980 | This bracket is for injuries that result in frozen shoulder, limited mobility and symptoms that persist for about two years after the initial accident. |
| Arm Injuries | Less Severe | £18,020 to £36,770 | This bracket is for injuries that have been severe, but there has been significant recovery since the initial injury |
| Wrist Injuries | Less Severe | £11,820 to £22,990 | This bracket includes injuries that resulting in persisting symptoms such as pain and stiffness. |
| Knee Injuries | Moderate | £13,920 to £24,580 | This bracket is for injuries that involve tendon, ligament and cartilage damage resulting future instability and weakness of the joint. |
| Ankle Injuries | Moderate | £12,900 to £24,950 | This bracket includes injuries that involve torn ligaments, fractures to bone, and other damage that impairs walking and mobility. |
| Ankle Injuries | Modest Injuries | Up to £12,900 | This bracket also includes non-displaced fractures, ligament damage and sprains, and varies depending on the length of time it takes to recover. |
These figures are only indicative of the typical amounts awarded for claims for children’s school trip accidents, and every claim is different. Contact us today if your child was injured on a school trip, you could contact us today for more accurate estimations on what might be awarded if you choose to make a claim.
What Compensation Could I Claim On Behalf Of A Child In Accident At A School Claims?
As part of your claim for a children’s school trip accident that injured your child, there are many different kinds of damages that might be claimed for. These are not just limited to the child who was injured, but also to the parent or guardian that must take care of the child while they recover from an accident on a school outing. While not all of these damages might be included in your claim, we have included the list to give you an idea of the possible damages you could claim for if your child was injured on a school trip.
- General damages to the child include a claim for the pain and suffering the child had to endure as a result of their injury. This covers the injury itself, and also covers long term suffering that continues long after the injury has healed. This includes psychological trauma from the incident as well.
- Special damages to the parent or guardian can be claimed after children’s school trip accidents that cause the parent or guardian financial loss or hardship. This can occur because the parents need to pay for medical bills, or even take time of work to be able to adequately care for them. This can be claimed under loss of earnings, and in more serious cases it may be possible to claim for future loss of earning in cases where the injured child may require long term round the clock care.
- Medical expenses, as mentioned could also be claimed for, and this can include initial treatment of the injury, and related costs such as prescription bills, as well as private treatment for psychological trauma and psychiatric care.
- As included in the general damages above, claims for psychological trauma can also be made. The law makes special provisions for long term, severe psychological trauma, and it can usually be taken into consideration when calculating award settlements for your claim.
These are only some of the possible damages that could be claimed for as a part of school trip accidents in the UK. There are others, and it may benefit you to call us to find out if any other possible damages may apply to your individual situation.
No Win No Fee Children’s School Trip Accident Claims And Accident At A School Claims
Many people associate seeking legal advice with having to make up-front payments for legal fees and other costs. At Accident Claims, we only work on a no win no fee basis, which works under a Conditional Fee Agreement (CFA). A CFA states that if a no win no fee personal injury claim is not successful, the claimant, you, will not have to pay for the personal legal fees of the solicitor who handled your case.
Prior to making a claim, your solicitor will outline the costs and legal fees associated with your claim, and in the event that your case is successful, the agreed upon costs and legal fees will be deducted from the over-all amount awarded. This is capped at a maximum of 25% and means that you will get a minimum of 75% of the entire compensation amount awarded.
Why Choose Our Team To Handle Your Accident At A School Claims?
A personal injury lawyer from Accident Claims would be dedicated to guiding you through the process of making a claim on behalf of your child whether against the local authority or another party. We would inform you of the steps needed to be taken as part of your claim, and through regular communication we would keep you updated on progress and any other steps that need to be taken.
Our solicitors have extensive experience in handling claims and could tell you everything you need to know about what is done after an accident in the school they attend or that happened while on a school trip. We are motivated to help you claim the maximum amount of compensation for your child’s injuries, to both aid in their recovery, and help reduce the hardship you have experienced as a result of the accident.
Start A Children’s School Trip Accident Claim
If you are considering approaching a personal injury solicitor on behalf of your child because they were injured in a school trip accident that was not their fault, whether a road traffic accident or any other type, you could contact our friendly, compassionate advisors today on 0800 073 8801. We can help you decide if you would like to proceed with a claim, and if you do, we could connect you with one of our solicitors to help you get started. Contact us today for free, no obligation legal advice on any questions you may have about making a claim. Alternatively, you could use our online contact form to have us contact you at a time that suits you best.
Essential References About Accident At A School Claims
School Trips And Outdoor Learning Activities – See this article from the HSE on health and safety during school trips.
Child Accident Claims – See our online guide to making a claim for your child as a litigation friend.
Parental Rights And Responsibilities – See this government page on the rights and responsibilities of a parent.
A Guide To Playground Accident And Injury Compensation Claims – See our guide to accidents in the playground and claiming on behalf of your child.
Health And Safety For School Children – See this government article on a school’s responsibility for child safety.
Accident Claims – See our guide to how long you could have to make a school trip accident claim whether on school premises or on a trip. We also explain more about the claiming process.
FAQs on Making A School Trip Accident Claim And Accident At A School Claims
How common are school trip accidents?
According to the HSE, in the 5 years preceding 2010, 50,058 children were injured in primary and secondary schools that were serious enough to report under RIDDOR. 30 percent of these injuries were to employees, with the remaining 70 percent including pupils and other people. Slips, trips and falls were the most reported, accounting for around 40 percent of such injuries. There were 29 prosecutions during the 5 year period relating to school accident, 18 of which were related to breaches of health and safety on school trips. It is not known whether any of these led to a school trip accident claim.
How do I prove my child’s injury for a school trip accident claim?
You may believe that a visit to the child’s GP or hospital would be enough evidence to prove the accident happens, but you would need additional evidence to support this. To prove your child’s injury, they would need to visit an independent medical expert for an assessment. During the assessment, the medical professional would examine the child’s injury and would ask some questions about the incident and their injury. When they have all the information they need, they would be able to put together an independent medical report. You could use this to evidence the pain and suffering your child has gone through, as well as what their prognosis could be. The medical report is a really important piece of evidence and could significantly impact the level of compensation your child receives for their injury.
Could I make accident at a school claims as a teacher?
Whether you are working in your normal school setting or on a school trip, the school/local authority should have taken out insurance for employer’s liability if you are under their employ. If you are injured at work, and your employer has been negligent in health and safety at work, leading to your accident, you could claim accident at work compensation. There are various reasons you might be injured during the course of your work at a school. You could suffer an assault at work, a slip, trip or fall. If you could prove that your employer should have acted to prevent such an accident occurring, but did not do so, and this led to your injury, you could be eligible for compensation. In some cases, you could also claim for illnesses suffered due to your work, if your employer should have taken reasonable steps to protect you from foreseeable risks of you developing an illness.
Could relatives of teachers make accident at a school claims or school trip claims for fatal accidents?
Accidents at work, whether a person is on a trip as a teacher or a teaching assistant could occur. According to the HSE’s recent statistics, 142 people were killed at work in 2020/21. While it is not clear whether any of these related to school accidents or school trip accidents, it shows that some accidents at work could be very serious indeed. You can see below which industries were affected by such an accident below:
Thank you for reading our guide to making a school trip accident claim and accident at a school claims.