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How To Make Nursery Accident Claims
Get help with nursery accident claims with our expert No Win No Fee solicitors.
£100 million in compensation
How To Make Nursery Accident Claims
Get help with nursery accident claims with our expert No Win No Fee solicitors.
AS SEEN ON
Nurseries should be places of safety and reliability, offering children an environment that supports their mental and physical growth. As parents and guardians, your trust is instilled in childcare providers to protect your child’s well-being. Therefore, if you (as a visitor or employee) or a loved one (such as your child) has suffered an injury at a nursery, this can feel like a complete breach of trust. If you or your child suffered something similar, you may be giving some thought to the nursery accident claims process. Thankfully, our team is here to help you through this challenging time.
At JF Law, we understand that the thought of starting a nursery accident claim can be daunting. Fortunately, our friendly team is here to guide you through the claims process from start to finish. Through our free services, our advisors can answer your questions, offer helpful advice, and conduct an eligibility check to assess the strengths and weaknesses of your case. Following this, you could be connected with one of our specialist solicitors to start your nursery accident claim. As experts in personal injury compensation claims, our No Win No Fee solicitors are equipped to achieve the payout that you deserve.
To get started with your claim, please feel free to get in touch with our friendly team:
- Call us on 0151 375 9916
- Contact us online by filling out our form
How To Claim For An Accident In A Nursery
To be eligible to claim for an accident in a nursery, you must be able to show that you or a loved one suffered an injury due to the negligent actions of the nursery. Essesntially, you will need to fulfil the following eligibility requirements:
- Yourself Or A Loved One Were Owed a Duty of Care
Firstly, you or a loved one must have been owed a duty of care by a nursery, childcare provider or other party. Under their legal duties, they must ensure your or your loved ones’ reasonable health and safety while on the premises.
- That Duty of Care Was Breached
You must be able to show that the duty of care was breached by the nursery. This happens when the responsible party fails to act as a reasonable person or as an organisation would. This may be due to a failure to fix hazards or install safety railings.
- Yourself Or A Loved One Suffered an Injury or Illness
Finally, the breach must have resulted in you or a loved one suffering a physical injury, psychological injury, or an illness. This can range from minor injuries to more serious or long-term conditions, such as amputations and paralysis.
Nursery Accident Claims On Behalf Of A Child
While your child is at nursery, they are owed a duty of care by the nursery under Section 4 of the Health and Safety at Work etc. Act. Act 1974 (HASAWA).
You could make a nursery accident claim on behalf of a child by applying to the court to be appointed as a litigation friend. In essence, litigation friends are typically parents, guardians or even solicitors who are responsible for the following:
- Managing court proceedings on behalf of a child
- Holding court funds
- Ensuring that the child’s best interests are prioritised throughout the process
Claiming on behalf of a child could also mean that their compensation is received sooner, rather than a child waiting until their 18th birthday to claim for themselves.
Claims For Injuries Whilst Working In A Nursery
If you’ve been injured whilst working in a nursery, you could be eligible to make a workplace accident claim. As per HASAWA, employers owe a duty of care to all employees. Under this legal obligation, employers must take reasonable steps to ensure the safety and welfare of their employees. In doing this, employers could provide training sessions for staff and ensure walkways are clear to avoid trips.
Please refer to our helpful accident at work claims guide to learn more about starting a claim against your employer.
Nursery Injury Claims For Visitors
If you’ve been injured as a visitor to a nursery, you could make a compensation claim. Those in control of public spaces accessible to the public, such as nurseries, are known as occupiers and have a duty of care to any visitors to their premises. Per the Occupiers’ Liability Act 1957, occupiers must take practical steps to ensure the reasonable safety of visitors. For instance, occupiers should install safety barriers and repair uneven flooring as part of their legal obligation.
To learn more about claiming as a visitor, please refer to our dedicated public liability claims guide.
You can also contact our advsiros today with any questions you have about nursery accident claims and to discuss your case.
What Are Some Examples Of Nursery Accident Claims?
Some examples of nursery accident claims may include failures to ensure a safe environment, such as falls on wet floors or playground equipment, choking hazards, and burns from hot liquids. As such, please see the following examples in further detail and how nursery accident claims could arise as a result:
- The nursery that your child attends may have failed to perform regular playground maintenance checks. Whilst playing on the nursery playground, the slide could collapse. resulting in broken leg injuries to your child.
- Your child could be given the wrong food by a member of staff, despite their nut allergy being known to their nursery. As such, your child could suffer a severe allergic reaction.
- Your employer may not have provided manual handling training sessions. Whilst working in a nursery, you could be ordered to lift heavy boxes, resulting in serious back injuries.
- Your employer could be made aware of an old, faulty radiator in the nursery staff room, but fail to fix it. Whilst sitting near the radiator, it could rupture, causing you serious burn and scald injuries.
- You could slip and fall over a spillage at a nursery whilst visiting, with no wet floor sign. You could experience foot, leg and head injuries as a result.
- Whilst visiting a nursery, you could be hit by a falling toy that was stored incorrectly on a high shelf. You could suffer facial scarring, head injuries and a concussion due to this.
Please note that the above list is not exhaustive, and nursery accidents can arise in many different circumstances. To discuss your or your child’s accident with one of our advisors, please contact us today.
What Compensation Can Be Awarded For Nursery Injuries?
Compensation that can be awarded for nursery injuries could cover the physical, mental and financial harm suffered.
In successful nursery accident claims, general damages will award you for mental and physical pain and suffering that you or a loved one may have experienced.
General damages could be calculated by a solicitor using a copy of the Judicial College Guidelines (JCG). This publication is widely used by legal professionals because it contains compensation guidelines for various injury types.
All entries in the table below, apart from the first figure, have been taken from the JCG. Please also note that they are merely guidelines and do not guarantee the compensation that can be received.
| Injury | Notes | Compensation Pay-out |
|---|---|---|
| Multiple serious injuries with financial losses | More than one severe injury with special damages such as lost earnings, care costs and travel expenses | Up to £1,000,000+ |
| Very Severe Brain Damage | The level of award will be affected by any physical limitations and sensory impairment. | £344,150 to £493,000 |
| Moderately Severe Brain Damage | The level of award will consider the ability to communicate and life expectancy. | £267,340 to £344,150 |
| Severe Neck Injuries (i) | Neck injuries with a lack of mobility, even with the use of a collar for 24 hours a day. | Within the region of £181,020 |
| Severe Leg Injuries (i) The Most Serious Leg Injuries Short of Amputation | Injuries where fractures have not been united or an extensive bone grafting has been complete. | £117,460 to £165,860 |
| Severe Knee Injuries (i) | Including long treatment with considerable pain with a disruption of the knee joint. | £85,100 to £117,410 |
| Severe Back Injuries (iii) | Disc fractures or disc lesions leading to chronic conditions. | £47,320 to £85,100 |
| Very Severe Ankle Injuries | Extensive soft tissue damage that may result in deformity, sometimes requiring a below-the-knee amputation. | £61,090 to £85,070 |
| The Most Serious Achilles Tendon Injuries | A severance of the tendon, causing cramping, swelling and a restriction in movement. | In the region of £46,900 |
Special Damages For Accident In Nursery Claims
If you have experienced financial losses due to a nursery accident that you or your child suffered, you could be awarded special damages. In all, special damages will compensate for any monetary losses sustained due to your injuries. For instance, you may have paid for long-term physiotherapy sessions yourself after suffering a severe leg injury at a nursery.
Therefore, please see the following examples of special damages in further detail:
- Lost earnings, such as a loss in current or future income, loss of overtime pay, workplace benefits and bonuses. This can also include time taken off work to care for your injured child.
- Medical expenses, such as prescription costs for painkillers or therapy expenses for psychological injuries.
- Home modification costs, encompassing the price of hoists, wheelchairs, stairlifts and ramps to accommodate permanent injuries.
- Care expenses, including the cost of professional help with cooking, cleaning, nursing and dressing.
- Travel expenses, encompassing the cost of fuel and public transport from travelling to and from medical appointments.
Please also note that special damages must be supported with valid forms of evidence, such as invoices, receipts and payslips.
If you’re wondering how much compensation you could receive, please get in touch with our helpful team today.
What Should Be Done After A Nursery Accident Or Injury?
After a nursery accident or injury, you should seek medical treatment and start to gather evidence to support your claim. Please see the following practical steps that you could take to protect your health, your evidence and your legal position:
- Seek Immediate Medical Treatment. Following an injury, you or a loved one should attend A&E, the GP, or an urgent clinic for medical treatment. This will also help to provide an official documentation of injuries through your medical records.
- Gather Evidence. Useful forms of evidence may include CCTV footage, photographs of visible injuries, and contact details for any potential witnesses.
- Report The Accident. You should report the incident in the nursery’s accident report form. This helps to create a formal record and also helps strengthen your claim.
- Track How The Injury Affects You Or A Loved One. This can include starting a daily symptoms diary detailing pain levels, any treatment received and the impact on daily life.
- Seek Legal Advice. For advice, speak to a personal injury solicitor to confirm the strength of your case. Fortunately, most solicitors offer free initial consultations.
If you’re connected with one of our expert solicitors, they could help to gather evidence on your behalf. Furthermore, please refer to our helpful guide to learn about the evidence needed for a personal injury claim.
For any further help and assistance, please contact our friendly advisors today.
We pride ourselves
on providing the best service
possible for our clients.
We pride ourselves on providing the best service possible for our clients.
How Long Will I Have To Bring A Claim After A Nursery Accident?
You will typically have 3 years to bring a claim after a nursery accident. As per the Limitation Act 1980, the personal injury limitation period will start from the date of the accident.
However, if your child was injured, the time limit would not begin until their 18th birthday.
To learn more about this time limit and the other exceptions that apply, you can refer to our dedicated guide on the personal injury limitation period.
To learn more about the time limits in nursery accident claims, feel free to get in touch with our team.
Can Nursery Accident Claims Be Made With A No Win No Fee Solicitor?
Yes, nursery accident claims can be made with one of our No Win No Fee solicitors following a successful initial consultation. Operating under a Conditional Fee Agreement (CFA), you could experience the following:
- No solicitor service fees at the start of your claim, as it progresses or in the event that it’s unsuccessful.
- If your case is a success, you will pay a success fee to your solicitor. The fee percentage is legally capped and will be subtracted from your compensation. By doing this, you’ll always enjoy the majority of the compensation.
Please see the additional benefits of being connected with our dedicated No Win No Fee solicitors:
- Regular updates so you always know where your nursery accident claim stands.
- Connecting you with physiotherapists and counsellors to aid ongoing injuries that you or a loved one may be suffering from.
- Explanations of legal jargon to give you an understanding of the personal injury claims process.
- Assistance with evidence-gathering, such as your medical records and CCTV footage.
- Negotiating the compensation to be the maximum it can be.
Contact JF Law
To learn more about making a nursery accident compensation claim, contact our team at JF Law today:
- Call us on 0151 375 9916
- Contact us online by filling out our form
Learn More
For more information about personal injury claims, please see some alternative helpful guides:
- Get help with making neck injury claims
- See the following advice on how to make a gym accident claim
- Learn how to make an understaffing at work injury claim
Additional external resources:
- Get help with reporting a serious child safeguard incident from Gov.UK
- Learn about how to look after a sick child from the NHS
- Get help with reporting a health and safety issue from the Health and Safety Executive
Thank you for reading our helpful guide on nursery accident claims.
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