Son had an accident

[Richmond212]

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?

@Richmond212 Get and do everything you can to help him x As a PP said that money could go towards therapies or other activities that would improve his life. Worth a go.

There isn't much I would sue for, especially at a hobby run by volunteers. But you bet that if my child suffered a life changing injury and faced losing a limb I'd be suing anyone possible under the sun to get the funds to get them the best treatment available.

I don't think you should be listening to people who say "there is no basis for a claim" because this is a very serious injury and they can't know that yet even if they are lawyers, let alone if they are not. I think you should indeed talk to a suitable solicitor about whether a claim would be worth your while pursuing, what you need to do to document things at each stage, when you would put the claim in, and whether they will take it on on a 'no win no fee' basis or otherwise, and find out about the insurance. You may also need the help of a solicitor to make sure the club's insurance don't fob you off or offer you a ridiculously small amount of money. I'd talk to more than one solicitor actually, they usually offer a short phone call free at the very least.

I once had a less serious injury than you are describing, and was talked out of seeking a claim by some well-meaning friends because it seemed to them a bit on the trivial side and a bit on the 'just an accident side'. Later on (too late to bring a claim) I happened to learn more about this area of law, and realised they were wrong and I should've at least investigated it further - because it was a business that was at fault, an issue that needed correcting for the safety of others, and caused some detriment to me. I won't make that mistake again!

IANAL

The OP didn't know that 'life-limiting' is code for terminal illness. She read it as 'life-limiting' as in limiting his life in the future, which it certainly will. It was an honest and easy mistake to make, and it would have helped the OP if someone had explained this on the first page instead of just repeating 'it's not life-limiting' when not everyone knows what that means.

Your poor son, OP, that's a pretty profound and life-changing injury, I would be reviewing the club insurance, your own insurance and seeing a solicitor as private physio is very expensive and what you get on the NHS is in no way adequate, I know this myself. Good luck with it all.

Even a hobby run by volunteers, will/should have insurance. 'Football training' implies it's an activity offered to the community. I used to work in fitness and everyone working in it has to have insurance really and people will know that.

Whether the insurance will cover this injury is another matter but it's definitely worth a try to help your DS @Richmond212 x

Poor chap! How horrible. I really hope he's on the road to recovery as soon as possible.

Not all illnesses that are labelled 'life-limiting' would at all stages be called 'terminal', because of their nature. In fact they might only become 'life-limiting' at a certain point of progression and in some cases, and may never become 'terminal' in the way it is usually understood, except at the point of suddenly becoming very terminal i.e. dead. I have one such relative for whom the first term is accurate now and the second would not be. I am sure there is a grey area where both terms would be reasonable to use.

It is true that this isn't really the right forum for these questions as this injury is probably not going to result in either situation. I do think the OP should ask to move it to Legal.

The club will have insurance that might cover life changing injuries. It has been a long time since I did anything like this but when I did judo the club insurance paid out for loss of an eye, finger, arm etc… I remember reading it with a friend during a long wait at a competition.

No blame was needed, you weren’t suing, it was just accident insurance.

The only way to know is to check with the club if they, or as part of their affiliation, have this and what is covered. It is worth investigating especially if his injuries aren’t stable yet.

I hope his recovery is smoother going forward.

OP, there's nothing wrong with your question, it's just that you've asked it in an inappropriate board. You can press Report on your thread-starting post and ask MNHQ to move it to Legal.

I hope your son makes the best recovery possible.

I've seen "life-threatening illness" used. Would that be accurate without being ambiguous?

You don’t have to make a decision now. Keep all notes, photos, etc. and take proper legal advice once you know about the longer term situation. It sounds awful, and I’m sorry you and you son are going through this.

Something similar happened to me recently, and it helped to focus on the short term healing first and then consider options once we had got past that.

I was going to say almost exactly this, also about judo. I’d be amazed if it wasn’t the same for football.

Yes, absolutely you should look into it OP and don’t be put off by people saying “it’s just an accident”. This is exactly what this kind of insurance is for.

Poor lad. I am very sorry that he and you are going through this OP. (And that you got so much flack earlier in the thread).

Does the sport not have insurance? All sports my kids have ever played, and those they play now as adults have insurance for exactly this reason. The cost of premiums for the sporting club is covered by the sporting fees. Obviously there is rigmarole with firms and insurance companies make you wait, but we’ve always claimed when needed.

He's just been incredibly unlucky to get compartment syndrome.

The team should have insurance, check with them. Your son should be able to make a claim at least for the costs incurred in supporting him to be well again. If he was working this often includes loss of earnings. Does he have a part time job?

Some horrible comments on here tonight. So unnecessary.

@CyberCritical you can loose limbs from compartment syndrome. I'm presuming he's had facsiotomies. In which cases he'll will be scarred for life.

This. Very crass of you op

The club will have insurance that might cover life changing injuries

Shouldn't be confined to life changing injuries though. When we’ve put in claims it has always covered stuff like any physio required, reimbursement of time off work (and for adult if having to look after a minor), any temporary aids required such as crutches, shower chair etc. That’s in addition to the actual medical management of injury part, and compensation if life changing.

Hi OP please pursue every legal avenue for your son, even if it means checking the hospital treatment, his injury sounds awful.
Ignore the nasty comments on here, some people have nothing better to do.

Are you talking about suing the club in a civil action for negligence? If so, you’d need to establish that the club was at fault for the injury. Is this the case? This would be a difficult one to get over the line tbh though OP, as there is a principle in law that people who voluntarily put themselves in harm’s way can’t usually make a claim of they are injured as a result.

this is quite complex and you would need to see a solicitor for advice.

If your son was covered by the club’s insurance policy that was in force at the time, and is intended to pay out in circumstances like this, then that is a very different matter. This may well cover the cost of treatment/rehab, maybe even loss of earnings if he had a promising career ahead of him.

can you clarify which scenario you’re thinking of?

Yes claim! Clubs pay insurance for this very reason. You aren’t seeing the club you are claiming from the insurers.

They are quick enough to insist on liability cover - now by law - it’s there to claim.

Its not personal to the club -

More likely that OP misunderstood the meaning of the term "life-limiting". I didn't understand it when I first came across it.

I agree.

but I would get legal advice before talking to the football club.

The OP clearly had no idea life limiting was code for a condition being terminal. Give her a break. We'd all be worried if this was our DC, no matter what we're going through ourselves.

It's possible the club will have insurance against accidents as well as negligence and it's worth checking out.

I would definitely want to make sure I had looked at all eventualities because you'll want to make sure you can afford the best rehab possible etc for your son.