Child Sports Injury Compensation Claims
If you are the parent or guardian of a child injured playing sports, or if you were injured when you were under 18, we can help.
If the injuries were caused by someone else, such as a road user, a business owner or a medical professional, you may be entitled to claim compensation.
Claiming injury compensation with a solicitor
You can make a claim on behalf of a child at any time up to their 18th birthday. An injured child has another three years, until the date of their 21st birthday, to make own claim if they choose. A personal injury solicitor can help you make a claim for compensation.
Your solicitor will ask you about how the accident happened, and they will collect evidence to prove what caused the injuries. Your solicitor will then identify who is legally responsible. Based on the severity of the injuries and other expenses, the solicitor will work out how much money can be claimed.
We can help you make an injury claim, on a No Win No Fee basis.
In this article
Children are prone to falls and minor accidents and these incidents are often unavoidable. However, if your child is injured due to someone else's negligence, there could be potential for a claim.
An educational institution has a duty of care towards its pupils. This duty of care should ensure the safety of all students and should guarantee that they will not suffer any significant loss while under their care. However, many personal injury compensation claims that occur in schools are a direct result of the institution failing to uphold this duty of care.
In order to make a claim, a person or organisation must have been responsible for or contributed to the accident in some way. For example, if your child trips in a playground that has not been properly maintained then you could make a personal injury compensation claim against the school as it was negligent in its duty of care.
Sports injuries are common and are to be expected when undertaking physical activity. However, if your child is injured while playing sport due to faulty equipment or an unmaintained playing surface then it would be possible to make a claim.
If your child is injured at school it should be reported to the institution as soon as possible. A claimant should ensure that the accident is recorded in an accident book and should take the names and addresses of any witnesses. If possible photographs should be taken of the area where the incident occurred. This will act as supporting evidence for the case.
The amount of compensation available will depend on the severity of the injury and the after effects. It is also possible to claim compensation for expenses such as medical care, prescription costs and travel expenses.
Quittance's expert panel of solicitors have dealt with many school related injuries including:
- Trips on unmaintained surfaces
- Injuries from defective equipment
- Asbestos exposure
- Food poisoning
- Sports injuries
The amount of money you could claim for your injury will depend on:
- the seriousness of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after an injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
What is the average injury compensation for an injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following an injury will depend entirely on your specific circumstances.
Your injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.
Can I see the complete Judicial College tables?
The table above (excerpted from the Judicial College Tables) shows the most common child sports injury claims. To see the complete list see: Judicial College Injury Tables.
Will I have to pay tax on my child sports injury compensation?
If you receive financial compensation following a child sports injury injury, specific legislation ensures that you do not have to pay tax on it. This is the case no matter whether the compensation is received as a lump sum or as staggered payments.
Calculate my injury compensation
Calculating how much compensation you can claim for an injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your injury claim could be worth now:
How long does a child sports injury claim take?
How long it can take to win compensation for a child sports injury can vary significantly.
For instance, if the school or activity organiser accepts liability, a claim can settle in a few months. However, if liability is denied a compensation claim can take longer. Usually, a child injury claim will take 4 to 9 months. For more information on how long your claim could take, read more:
How else can a solicitor help me?
Your solicitor will handle your injury claim from the initial FREE case evaluation, through to the financial settlement.
Your solicitor will work with other specialists to provide caring and sensitive support and help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
Who pays for this specialist help?
The cost of treatment will be factored into your compensation settlement paid by the defendant or their insurance company. Should you require private treatment before the case settles, an interim payment to cover treatment costs may be possible.
Will I have to go to court?
Highly unlikely. Solicitors settle the vast majority of claims out of court.
Less than 5% of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are decided by a judge or magistrate, not a jury.
Even if the claim does go to court, it is very unlikely you will have to attend.
No win, no fee, no risk
No Win, No Fee is an agreement with your solicitor (known as a Conditional Fee Agreement or CFA) that means that you can make an injury claim with:
- no upfront legal fees
- no solicitor's fees payable if your claim is not successful
- a success fee payable only if your claim is successful
No Win, No Fee is the most common way to make a compensation claim.
No win, no fee promise
Our no win, no fee guarantee means there is absolutely no financial risk in making an injury claim, even if you don't win your claim. Read more about making a No win, no fee claim
What do I pay if I win my injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, after your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my injury claim?
If your injury claim is not successful then you won't have to pay your solicitor any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.
How do personal injury solicitors get paid?
If your child sports injury claim is successful, the defendant, or their insurer, will pay the compensation and your solicitors fees.
Why do most solicitors charge 25%?
25% success fees are charged by most law firms as this is the maximum fee that the Ministry of Justice allows them to charge. child sports injury claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. The success fee will be subject to your individual circumstances and the actual fee may vary. Call us for more information.
How we can help you
Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open:
- 8am to 9pm weekdays
- 9am to 6pm on Saturday
- 9.30am to 5pm on Sunday
Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:
- Find out
if you can claim
- No obligation
to start a claim
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I feel I was partly responsible for my accident?
Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make an injury claim?
In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.
Can I claim for an injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim injury compensation.
In reality, there are a number of factors that can affect whether an injury claim will be taken on by a solicitor.
Will I have to visit a solicitor's office to start a claim?
No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
I need the money now - what are my options?
If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.
An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.
Howard Willis, Personal injury solicitor
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.