Child Sports Injury Compensation Claims

If your life, or the life of a loved one, has been affected by a child sports injury we can help.

The purpose of this guide is to help anyone who has suffered a child sports injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

In our guide to claiming child sports injury compensation:

Introduction

Children are prone to falls and minor accidents and these incidents are often unavoidable. However, if a child is injured due to someone else's negligence then 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 a child trips in a playground that has not been properly maintained then it would be possible to 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 a 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 a 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

How much compensation can I claim for a child sports injury?

The amount of money you could claim for your child sports injury will depend on:

  • the extent 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 child sports injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.

This calculation will factor in 'general damages' and 'special damages'.

General 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

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after a child sports injury? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

What is the average injury compensation for a child sports 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 a child sports injury will depend entirely on your specific circumstances.

Your child sports injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.

Can I get an interim payment?

Interim payments are effectively an advance on a probable compensation award. An interim payment may be awarded if the claimant is in immediate financial hardship.

Child sports injury compensation

Calculating how much compensation you can claim for a child sports 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 child sports injury claim could be worth now:

Calculate compensation

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: How long will my claim take?

Caring and sensitive support

Your solicitor will handle your child sports injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to 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.

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 a child sports 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 a child sports 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 child sports 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 child sports injury claim?

If your child sports 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.

Is there a catch?

The Conditional Fee Agreement (CFA) sets out the terms between you and your solicitor., No Win No Fee is a regulated activity and as such there should be no nasty surprises in the agreement. Nevertheless, it is recommended that you read the agreement carefully and ask any questions if you are unsure.

How can Quittance help?

Your solicitor will fight for the best possible compensation settlement for you, 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, and 9.30am to 5pm on Sunday.

Call us FREE 0800 612 7456 or arrange a callback:

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Child sports injury FAQ's

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.

Read more about claiming on behalf of another person.

Can I claim if I was partly responsible for an accident?

You may still be able to claim compensation even if you contributed to your accident or to your injuries.

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.

Read more about claiming compensation if you were partly responsible for an accident.

How long do I have to make a child sports injury claim?

In general, you have a time limit of up to 3 years from the date of the child sports injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your child sports injury claim becomes 'statute barred'.

Can I claim for a child sports 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 612 7456 to find out if you are still able to claim child sports injury compensation.

In reality, there are a number of factors that can affect whether a child sports injury claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.

Only a very small percentage (approx. 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 held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an early compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.

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.

Read more about this Quittance Legal Expert