Securing Justice and Future Support for a Child Injured in Nursery Accident

In: Personal Injury Claims

For many parents, one of the hardest moments is leaving their child in someone else’s care – whether at a nursery, school or activity club. We trust that professionals will provide a safe environment, but sadly, accidents can and do happen.

When they occur due to poor supervision, unsafe premises or inadequate procedures, it’s vital that families understand their legal rights and protections. Seeking expert advice early ensures that children receive the care, rehabilitation and financial support they may need for years to come.

Background

Charlotte Waller , Solicitor in Switalskis Personal Injury team were instructed to act on behalf of a young claimant who sustained a serious hand injury while under the care of nursery staff at the defendant’s premises. The accident occurred in 2009, when our client was just 15 months old.

During her time at nursery, she caught her right index finger (her dominant hand) in a door, causing a near-complete amputation of the fingertip. Immediate medical intervention was required, including surgery with k-wire insertion. Unfortunately, complications followed, including infection and adhesions that significantly restricted finger movement despite multiple surgical procedures the following year.

Monitoring development

The Defendant swiftly admitted full liability, allowing us to focus entirely on ensuring that our client received the right support and compensation for her long-term needs. Rather than rushing into an early settlement, Charlotte worked closely with her parents to monitor her recovery and development through childhood and adolescence. This ensured that any settlement properly reflected how the injury affected her daily life, education, hobbies, confidence and career aspirations.

Long-term impact

As our client grew older, it became clear that the injury had lasting physical and effects. Despite receiving specialist hand therapy and being fitted with a high-definition silicone prosthetic digit, our client continued to experience problems including:

- Reduced grip and pinch strength

- Discomfort, particularly in cold weather

- Fatigue and discomfort when writing or typing

- Difficulty performing fine motor tasks such as keyboard or musical instruments

- Self-consciousness about the appearance of her finger

These ongoing difficulties impacted her confidence and limited certain hobbies and career choices.

Considering career goals and future losses

When our client reached her teenage years, she developed a strong interest in professional cookery and enrolled in a one-year Level 2 course after completing her GCSEs. However, this passion brought new challenges – the repetitive and precise hand movement required in professional kitchens caused discomfort and fatigue. Tasks such as chopping and working in cold conditions proved particularly difficult.

Our solicitors obtained expert evidence from trauma surgeons, hand and plastic surgeons, a psychologist, and rehabilitation and orthotic experts to build a full picture of how the injury would affect her working life and independence as an adult.

Our experts concluded that her injury met the definition of a disability under the Disability Discrimination Act 1995, given its substantial and long=term impact on her day-to-day activities. The Defendant disputed this, but our evidence demonstrated the real and ongoing implications of her condition.

Achieving a fair settlement

After careful preparation and negotiation, a joint settlement meeting was held. The parties settled the claim, agreeing to a substantial payment.

The compensation breakdown reflected both her immediate needs and future challenges such as past care, future loss of earnings, rehabilitation aids and equipment, any future surgeries and services and future prosthetic requirements.

Outcome

The settlement provides our client with financial security to support her future, including prosthetic maintenance, adaptive aids, and protection against potential career limitations. It also recognised the lifelong impact of a devastating injury sustained at a very young age.

How Switalskis Can Help

Our specialist personal injury team is experienced in handling serious child injury claims and ensuring that compensation truly reflects both current and future needs.

If you or your child has been injured due to negligence, our experienced personal injury solicitors can help you secure justice and long-term support. Contact our team today for a confidential discussion about your situation.