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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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In September 2012, my 9 year old son, at the time, tripped

Customer Question

In September 2012, my 9 year old son, at the time, tripped on some uneven concrete in the playground at his school, falling into a shed, then onto the concrete floor. He was in a lot of pain, but the teacher on lunch duty said he would be fine and after break sent to lessons, as normal.. During class, however, his teacher, Mr. Gray asked the children to open their books.. My son, in excruciating pain couldn't and explained this. Mr. Gray, according to my son, then said, "Well you've got two arms, use the other one!" My son began crying, both I think in pain and humiliation. An HOUR later, on the way to assembly, Mr Gray apparently reported the situation to another teacher, where i then received a phone call to say he may have dislocated his arm and whether i wanted to come pick him up or call an ambulance.. An ambulance arrived, giving him gas/air and took him out on a stretcher. He was by this point in a state of shock, not crying but obviously in a lot of pain. Upon x-ray, it was discovered that he had in actual fact broken the upper part of his right arm (completely along the growth plate). The head teacher, when my son's version of events seem to completely defended the teacher, who by the way also denied his negligence. As far as i am aware there is still uneven concrete in that area of the playground.
Previously, a year earlier, my son had also been punched in the mouth, losing a tooth, by another child, but not only was i not informed by the school, (my son came out with it it a tissue at the end of the day, and it was the other child's mum who phoned me to apologise for her sons behaviour) but i later found out that it had not been recorded in the accident book at school either.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : What is it you want to achieve please?
JACUSTOMER-kun52jbh- :

I would like to find out whether or not, a year and a half after the event, if it is too late to take this to court? If if i did, whether in your opinion it would be worth it, financially and if so, what the possible outcome might be, i.e compensation? How much would i get/ how much would it cost to take to court?

Alex Watts : How long did it take for him to recover please?
JACUSTOMER-kun52jbh- :

6 weeks, officially, but he missed the first week off school, just after it happened, due to the pain.. And after it took mths to slowly regain full strength in his arm.. without it hurting, especially after sports

Alex Watts : Yes they should have told you. Yes he can claim and the time limit runs out when he reaches 21
Alex Watts : You can approach any personal Injury solicitor who would probably take this on a no win no fee.
Alex Watts : The compensation would be no more than about £10000
Alex Watts : sorry £1,000 (one thousand pounds)
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-kun52jbh- : No that's great, thank u
Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Alex Watts :

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