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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Son had an accident

117 replies

Richmond212 · 06/11/2023 20:14

Hi. Looking for advice please. My 15 year old son was at football training 4 weeks ago and broke his leg . Open fractures in 2 places. Then he developed compartment syndrome the day after they fixed the bones with plates, rods and screws . 3 operations later and still in hospital. I was asked if I am putting a personal injury claim for him. I didn't even know I could do this? Family are telling me not too. But others are saying I should. I am going to ask for advice from solicitors but it's a life changing injury he's been through and his leg is a mess I am thinking it would be a big help for him when he turns 18. Anyone else think I should go ahead?

OP posts:
HauntedGusset · 06/11/2023 20:15

It was an accident though, by the sounds of it.

Who would you be claiming against? Was anyone at fault?

Borris · 06/11/2023 20:16

A claim against who? The football team? Were they negligent with how the accident happened or how they dealt with it? Or the hospital? Again is it "bad luck" or negligence.

Sorry your son is going through this

PosyPrettyToes · 06/11/2023 20:16

Who were you thinking you could make a claim from?

ColleenDonaghy · 06/11/2023 20:17

IANAL but it sounds like an accident, and so not necessarily anyone to claim against.

However, in the case of a life changing injury I'd be getting confirmation of that from a solicitor, not MN. I think it's worth an appointment with someone reputable to talk it through.

PosyPrettyToes · 06/11/2023 20:17

a broken limb is surely a risk of competitive sport, and compartment syndrome is a known complication of compound fractures. I don’t see who you think you could claim against here.

JustAMinutePleass · 06/11/2023 20:19

Unless they were forcing kids to play without shin pads (which they wouldn’t have) then I’m not sure what you would need to claim for? Open fractures are commonplace in grass football - which is why many schools refuse to play it

ThatAlbinoCat · 06/11/2023 20:19

If it was an accident, who do you think you'd be able to claim against? If someone had kicked him deliberately, that would be a different matter. Sorry for the pun, but he won't have a leg to stand on. I hope all goes well with him and that he makes a very good recovery.

Move22 · 06/11/2023 20:20

I think your football subs are including insurance, well worth a word with the manager there is probably a form to complete and worth following up.

FunCatSunPat · 06/11/2023 20:21

It's not really a life-limiting illness, is it OP?

MadamVastra · 06/11/2023 20:23

You might want this moved to chat or legal op as it isn't a life limiting illness

DuckinEl · 06/11/2023 20:23

This isn't a life limiting illness

MysticalMegx · 06/11/2023 20:24

Don't think you'd have a leg to stand on. Pardon the pun but it was an accident

LegendsBeyond · 06/11/2023 20:26

That isn’t a life limiting illness. Who would you be claiming against? Kids break their legs etc frequently when playing sport. Accidents happen.

MaliciaKeys · 06/11/2023 20:27

A broken leg isn't life limiting for goodness sake. I don't think you can claim compensation for what was an accident.

CyberCritical · 06/11/2023 20:28

If the leg has been repaired in what way is this a "life changing injury" are the doctors anticipating a serious impairment, was he on track to become a professional football player?

Unless he was deliberately hurt or the accident was caused by negligence of some other person there is no one to claim from.

vipersnest1 · 06/11/2023 20:31

If it was the case that this boy was on track for an apprenticeship playing football for a league team, it absolutely is life-changing.
I know of someone this happened to, so all of the PPs who are scoffing might want to take a minute to consider.
OP may well come back and prove me wrong, but until then it is a possibility.

Richmond212 · 06/11/2023 20:31

The compartment syndrome has left him with chunks out of his leg and is still at risk of losing it. Claiming against the football teams insurance. I know it was an accident .. isn't this site for advice? To Chat about things? Ask other people's opinions?

OP posts:
Angrymum22 · 06/11/2023 20:33

If he was playing for a club, the club should have insurance. Start by asking for details of their insurance policy.
DS’s school had sports insurance cover for most injuries where they will make a full recovery it’s unlikely to pay out.
If as you say it has caused life changing/ permanent disability then you may be successful with a claim but it may take time for a full payout.
I’m not sure whether you can sue anyone unless the injury was the result of negligence. Difficult to prove in most sports. For example if the ground condition was unsuitable eg contact rugby is not played during the summer because the ground is too hard the same if the ground is frozen.
A stud check is carried out by the ref before play starts. This falls under equipment checks.
In rowing events every boat is checked before a race to ensure that the crew can escape if it capsized. Failure to do this would make the organiser liable.
Unfortunately amateur games are not frequently recorded so evidence of dangerous play is usually not available.

Scalottia · 06/11/2023 20:33

It's not life limiting OP.

AliceS1994 · 06/11/2023 20:34

No one is to blame here so there is no basis for a claim. I assume so anyway- the injury was an accident, unless your child was put at risk by the team itself. The hospital also isn't to blame as there was no choice but to repair an open fracture, and this is unfortunately a known cause. You could discuss with a no-win no-fee lawyer for some free advice but I'm doubtful you'd have a claim unless there's something else not mentioned here. Secondly, unless he is left with a permanent disability or needing lifelong treatment for the injury (unlikely but not impossible based on the injury/complications) the sum of money is likely to be less than you'd expect, probably hundreds at best rather than thousands, of which you'd have to pay a significant proportion in fees to your lawyer. If the claim is unsuccessful, you could end up out of pocket yourself after paying for your legal support. I hope he makes a good recovery, that doesn't sound like a nasty accident for your lad!

Richmond212 · 06/11/2023 20:37

vipersnest1 · 06/11/2023 20:31

If it was the case that this boy was on track for an apprenticeship playing football for a league team, it absolutely is life-changing.
I know of someone this happened to, so all of the PPs who are scoffing might want to take a minute to consider.
OP may well come back and prove me wrong, but until then it is a possibility.

We have been told his leg will never have full feelings as several nerves and muscles are damaged. Yes he was on track for an apprenticeship he's . devastated

OP posts:
ColleenDonaghy · 06/11/2023 20:37

Look I know OP has posted in the wrong section, and that this section of all deserves some respect and tact. But perhaps a mother worrying that her son will be left with a lifelong disability deserves a similar level of tact and respect and so the thread police could maybe cut it out and just report to MN if it's so egregious.

OP, some posters clearly don't understand the severity of the injury.

Make an appointment with a solicitor when you have the headspace. I hope it proves to be unnecessary and your son makes a full recovery. Flowers

Octavia64 · 06/11/2023 20:38

Hi OP.

I suffered a life changing injury in a similar situation.

Ongoing NHS provision is extremely limited.

I had accident insurance bundled with another ibsurance. That is worth looking at.

Physio costs 60 pounds plus per hour, hydro is even more expensive. I had a year of intensive which got me back walking again but used up most of the 20k from my insurance.

Wheelchairs can also be expensive.

Talk to the football club about what insurance they have and also check what insurance you have.

Extra money makes a massive difference to quality of life.

WrongSwanson · 06/11/2023 20:39

Maybe he should sue you for signing him up to football?

vipersnest1 · 06/11/2023 20:40

WrongSwanson · 06/11/2023 20:39

Maybe he should sue you for signing him up to football?

Have you actually RTFT?
What a ridiculous thing to say.