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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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On Monday 7 December my grandson was playing in the school

Resolved Question:

On Monday 7 December my grandson was playing in the school playground with some boys. A boy swang him round and dropped him to the ground on AstroTurf , my grandson shouted out and started to cry, (no play ground teacher saw this happen, no one came to help ). He then went inside to see first aider who looked at him, He was not wearing a coat or jumper she noticed under his shirt a graze but didn't check his body for anything else.
The First aider attended to the graze and then decided to call my daughter. My grandson at this point had stopped crying told my daughter he had been swung around. The first aider said she knew nothing about this.
So there wasn't any reports from the school given to my daughter about my grandson accident.
Tuesday my daughter got the children ready for school but my grandson was still in pain and could not put his clothes on properly so my daughter decided to take him to the hospital where they discovered after an X-ray he had fractured his collar bone.
My daughter went back to his school and saw the deputy, she told my daughter she new nothing about this. The First Aider,& School teachers hadn't even wrote anything down.
The deputy said to my daughter you will have to wait and i will get a report to you tomorrow which meant Wednesday 9th December.
kind regards
Sandra Lamb
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What is it you would like to know please?
Customer: replied 1 year ago.
am i right that the school has neglected to take due care following the incident
Expert:  Ash replied 1 year ago.
What was the loss/injury suffered after the accident?
Customer: replied 1 year ago.
A broken collar bone
Expert:  Ash replied 1 year ago.
But that was a result of the accident, not following it?
Customer: replied 1 year ago.
My daughter has lost 18 hours and had to pay £10 taxi fare this is a lot of money to her as she is a one parent
Expert:  Ash replied 1 year ago.
So if you had to quantify the loss what would it be?
Alex
Customer: replied 1 year ago.
£120.60 in wages & £10 taxi, please answer my question has the school neglected to take due care during and following the incident
Expert:  Ash replied 1 year ago.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
I don't understand all I need to no is can I sue them for negligence.
Expert:  Ash replied 1 year ago.
Yes you can and I have outlined above how and what to do.
Alex
Customer: replied 1 year ago.
apart from claiming costs incurred can we claim damages
Expert:  Ash replied 1 year ago.
No, because there was no loss suffered. The accident happened and I assume you are not saying it was their fault. So you can't claim damages but just the financials.
Does that clarify?
Alex
Customer: replied 1 year ago.
surely this is neglect why hasn't the school rang straight away, why didn't they see a fractured collar bone, the nurse is meant to be qualified
to us lake of care
Expert:  Ash replied 1 year ago.
I dont know why the school didnt ring straight away, but you can only claim for loss after the accident. If there had been FURTHER injury as a result, that would be different. But you have said its loss of earnings and a taxi, which is what you can claim in this case.
Can I clarify anything else for you today please?
Alex
Customer: replied 1 year ago.
ITS LAKE OF CARE surely this is neglect FROM THE SCHOOL MY GRANDSON HAS FRACTURED HIS COLLAR BONE AND THEY HAVE NOT FULFILLED THERE DUTIES CORRECTLY
Expert:  Ash replied 1 year ago.
Only if you are saying they were negligent in the first place by allowing the accident to happen. If this is the case then yes.
If they are negligent then you can claim compensation, but expect to recover less than £100,000 for this type of injury.
Does that help?
Alex
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