AIBU to instruct a lawyer

[babyno5]

Yesterday my 12 year old DS sustained a very deep and long laceration to his leg after slipping in a grassy slope at school and ripping leg open on a rusty pipe which was sticking out the ground. It nicked an artery and required 15 stitches to close it.
He’s in such a lot of pain and I am just beside myself-partly because I know the outcome could have been so much worse.
Also furious it took the Headteacher 24 hours to contact me to ask how he was.
To clarify this is not about the money but it’s about making them accountable and face up to their negligence.
To make it worse we go on holiday in 3 weeks to Florida and we have paid for just about everything there is to experience there so the kids have a holiday of a lifetime. I would hate him to miss out on anything as he has been so excited about going.
WWYD?

Raspberrypi1 nobody said anything about claiming 20k. That’s what we’ve paid for our holiday
But good news he’s had the all clear today to go and we fly tomorrow morning! Talk about cutting it fine! Guess I better get packed!
Thank you for all your well wishes-he’s a lot better within himself too.
Hope the good weather stays put here too!
Florida are you ready for us? 😂😂🌞❤️

That's excellent news! So glad he has sufficiently recovered! Enjoy your holiday and take up the battle when you return!

I think you should speak to a lawyer who will explain that you can't sue for this in this country. Financial compensation for what? What financial losses has your son suffered?

You need to stop being one of those ambulance chasers you say you hate.

Glad your son's already so much better that you're thinking how you can cash in...

I'm sorry but all those saying OP shouldn't claim I don't believe if your child or parent had an accident you would refuse money if you knew you could get it, if your mum slipped in a supermarket and cut her head and they offered you money are you seriously saying you would refuse it on her behalf? The kid deserves it it must have been horrible to go through. I got glassed by a stranger when I was an 18 across my face and still have the scars now, i got 5k criminal injuries and used the money for driving lessons and to keep some savings, should I have refused that?

@Lauren83

Yes. You should have refused. Why did you deserve money? This didn't come from the person who assaulted you. It came at the expense of school funding and employing NHS staff and drugs and infrastructure and … well, you get the idea.

@highmodel - why are you commenting on a subject you have no knowledge of and also being snotty with it?

OP isn’t claiming for finiacial compensation as I’m assuming this 12 year old would have no finiacial losses, however rightly and by law she has a case for personal injury claim!

For people shocked at the cost of the holiday, I've never been on one that expensive either, but for 7 people it wouldn't be hard to reach that amount, especially if it was for two weeks or longer (most families don't do weekend breaks to Florida..). And, you know, it's not the point of the thread, it was just mentioned as presumably OP didn't want to lose the holiday AND the money, or deal with insurance problems on top of the rest of what was happening then.

In my neck of the woods the average annual salary is below £20k so spending this much in a holiday is extreme. It's almost £3k per person.
However, should he be deemed medically unfit to go, the holiday insurance will cover the cost.

@highModal don't make me laugh, I don't deserve it as I have terrible scarring from the age of 18 and had maxi facial surgery 3 times and still have glass in my face? You think I don't deserve to have taken the money as it 'came out of the system' I'm presuming you have never used the NHS? Pay private for all your healthcare do you so as not to 'take out of the system'? If you have given birth I presume you paid privately for pre and post natal care and your birth? I'm presuming all this of course as you feel so strongly so as not to pull from resources

Oh bawbag I love your name! One of my fellow countrymen I presume? 😂😂
Lauren83 I’m so sorry to hear what’s happened to you and without a shadow of doubt you deserve every penny you got and a heck of a lot more 💐

Thankyou I really appreciate that Don't let anyone make you feel bad for doing what's right for your DS, I can only imagine how worrying it's been for you all.
People just love criticising others, I think it often comes from a feeling of bitterness, as it happened they asked did I suffer mentally/struggle to go out/hide my face etc and I was honest and said no as I didn't, I would of got a higher payment if I claimed for psychological injuries too but as I didn't have them I didn't

lauren83 thank you! There will always be people who criticise but I know from experience at work that when insurance companies have to pay out they make sure that the correct H&S procedures are implemented when it come around to renewal time on their policy. If I’d had a productive meeting with the Headteacher I wouldn’t go down the legal route but she tried to fob me off and all they’ve done is paint it yellow!! x

This is the first time I've seen your thread OP but I hope you have a wonderful time on holiday! Glad to hear your DS is feeling better. Kids do bounce back a lot quicker than we give them credit for :)

Absolutely I would go ahead with legal action. This is the way the world works now; companies cannot be relied upon to "do the decent thing" and "see the victim right" (and the school have already demonstrated that they can't by their lack of action and woeful first aid response.) No longer do we suffer accident and injury through the negligence of another and be expected to keep a stiff upper lip and accept that "accidents happen". The world has moved on and we now have a legal recourse that adequately compensates victims by financially punishing the negligent bodies, which is a neat and elegant solution when you think about it dispassionately.

To those saying "accidents happen" let me pose you this hypothetical question:
Picture this scenario. I get in my car early one morning and drive to the shops. The Highway Code and my driving test told me to check my headlights regularly and that making sure they are working is my responsibility. But like most people, I haven't bothered. It's around dawn and I believe I've switched on my headlights, but I don't notice they aren't working because there is a sufficient level of daylight. I come around a corner and fatally hit a woman who crosses the road because she couldn't see my car.

Would you still be saying "accidents happen" or would you expect me to be prosecuted for dangerous driving?

Day 8 of hols and DS leg holding up well and he’s thoroughly enjoying himself. So glad it hasn’t spoiled his holiday xx

I’m totally anti the culture of compensation but the school have behaved appalling and your poor son really suffered. Some people very much do deserve compensation and I’m glad it’s available. I work with adults with disabilites and I’ve come across a handful who have obtained approx half a million for compensation from birth injuries. I’d loved to see the likes of highModal say those sorts of things directly to the families.

Glad you’re having a lovely holiday and I’m very jealous. I’ve been once and loved it. Hope the weather is nice too. :)

SunnySkiesSleepsintheMorning thanks! Weather is very warm but regular spectacular thunderstorms! TBH it’s a break from the heat when it rains!!
I completely agree about cases where negligence has had a lifelong impact on both them and their family who cares for them.
The same DS who was injured was born in a hospital where the day after he was born there was an incident of negligence during childbirth and mum and baby both died. Absolutely heartbreaking for her poor husband. He successfully sued the trust and donated the money to charity but lessons were learned which is what he wanted