personal injury on behalf of 12 yr old son Help

xxdeebeexx

My 12 year old son recently had an accident at school which resulted in him losing a top front tooth. A few days after the accident I was told, by a senior teacher, that the dental bill would be covered and paid for by the school insurance policy.

Thankfully, with the help of kind people on this board I have managed to get him the best possible treatment under the NHS and of course it’s free.
This treatment, however, will finish once he turns 17 years old.

Initially I had no idea of how long my son would need treatment for and thought that it would be all done in a couple of months. However, he can’t have an implant until he has fully matured about 20 ish. By this time he will no longer qualify for NHS treatment. Implants are very expensive.

I would like to make a claim from the schools insurance to cover this future work and for it to be put in trust until he is ready for the treatment. How do I go about it?

I have AA legal cover but, according to the grumpy woman on the help line, if I was to approach the school I would lose my right to the cover. However, I can’t imagine that the school insurance would simply hand over a cheque for work to be done in the future.

I have spoken to an independent solicitor who told me that I could claim £6 an hour for the extra attention that I gave my son after the accident!! And wouldn’t it be lovely if he could get a new bike out of this! He wasn’t my sort of person…….

I believe that the school broke important health and safety rules and that the accident should never have happened. I also feel that my son deserves the best possible repair even if he has to wait 8 years for it…I don't really want to go pointing fingers and making things uncomfortable.......

What’s my best way forwards?

TIA

Dx

mattymoo

I think the AA woman meant to say that if you approach and make an agreement with the school now, it might preclude them from making a fuller claim on your behalf.

For example, if you accept £1,000 now in full and final settlement, the AA cannot then pursue a claim on your behalf if the costs turn out to be much higher at a later date.

Might be best to ask the AA to initiate a formal claim. They should send you a stack of forms to fill in (detailing injuries, costs, circumstances of accident etc) and then they will take the matter on if it is covered.

They will handle the claim the future medical costs and also the necessary court papers that are needed for all claims involving a minor. Any settlement requires court approval but normally this is a rubber stamping exercise. The award as you are aware, will go into trust.

Mr_Bear_2

yes thats right good advice as ever

how did the accident actually happen tho?

do not forget that you have to show negligence on the part of the school

xxdeebeexx

mattymoo wrote: »

I think the AA woman meant to say that if you approach and make an agreement with the school now, it might preclude them from making a fuller claim on your behalf.

For example, if you accept £1,000 now in full and final settlement, the AA cannot then pursue a claim on your behalf if the costs turn out to be much higher at a later date.

Might be best to ask the AA to initiate a formal claim. They should send you a stack of forms to fill in (detailing injuries, costs, circumstances of accident etc) and then they will take the matter on if it is covered.

They will handle the claim the future medical costs and also the necessary court papers that are needed for all claims involving a minor. Any settlement requires court approval but normally this is a rubber stamping exercise. The award as you are aware, will go into trust.

Thank you for such detailed advice....
It seem a such a big thing to be involving solicitors especially as it's a school but I guess that there is no other way to approach this. I wonder why the school said that he was covered by their insurance? Does that mean that they are accepting responsibility?
Mind you I haven't heard from them since our last conversation over 3 weeks ago!!

Thanks for your help

Dx

agaveworm

Limitation Act
I hope this is relevant but I understand that usually an individual that suffers injury due to the negligence of a TP has three years to make a PI claim. However, with a minor (12 years old), his three year period starts when he attains majority; ie 18 years old! Potentially, he has up to his 21st birthday to finalise this claim.

Hope this somehow helps?

xxdeebeexx

agaveworm wrote: »

Limitation Act
I hope this is relevant but I understand that usually an individual that suffers injury due to the negligence of a TP has three years to make a PI claim. However, with a minor (12 years old), his three year period starts when he attains majority; ie 18 years old! Potentially, he has up to his 21st birthday to finalise this claim.

Hope this somehow helps?

Thank you....

mattymoo

xxdeebeexx wrote: »

Thank you for such detailed advice....
It seem a such a big thing to be involving solicitors especially as it's a school but I guess that there is no other way to approach this. I wonder why the school said that he was covered by their insurance? Does that mean that they are accepting responsibility?
Mind you I haven't heard from them since our last conversation over 3 weeks ago!!

Thanks for your help

Dx

No problem.
As for the school, it could be one of two things.
1) They are admitting he is covered by their Public Liability insurance - covers all visitors including pupils. To make a claim under this you have to prove negligence under civil tort law. This would really need a solicitor.

2) The school have taken out a personal accident policy. This covers things like medical expenses as well as pre-defined pay outs for things like loss of limb, loss of sight, temporary disablement etc. The benefits are normally pretty restrictive but you do not need to prove negligence to claim.

xxdeebeexx

mattymoo wrote: »

No problem.
As for the school, it could be one of two things.
1) They are admitting he is covered by their Public Liability insurance - covers all visitors including pupils. To make a claim under this you have to prove negligence under civil tort law. This would really need a solicitor.

2) The school have taken out a personal accident policy. This covers things like medical expenses as well as pre-defined pay outs for things like loss of limb, loss of sight, temporary disablement etc. The benefits are normally pretty restrictive but you do not need to prove negligence to claim.

Brilliant........ Thank you.
Would personal accident policies pay for future treatment do you know?

I am pretty sure I can prove negligence but, not 100% convinced. What is my best way forwards do you think?

I could go back to the school and ask about a personal accident policy but, to be honest, I don't even know which senior Teacher I spoke to ( I was really upset and didn't take much in). I haven't had contact with anyone since 16th October and have been worried about saying / doing anything after the AA warned me not to.

I have no idea of a suitable settlement but I would just love him to be able to get this sorted ,once he is old enough, without having to go into debt for it. The human side of me wants to do this the politest way possible but then I may well be short changing my own child if I go for option 2).But then I may well fail if I follow option 1)

I have had sleepless night over this.... (I seem to be able to talk my way into, and out of, anything).

I have filled in the forms from the AA ... maybe I should just send them in and see what happens.

Thanks again

Dx