Care Home Negligence Claims – How Much Compensation Can You Claim?

A care home should be a place where the older generation can live out the remainder of their lives, safe in the knowledge they’ll be safe and secure. Unfortunately, this isn’t always the case when a care home is negligent. If you or a loved one has suffered an injury or even death in a care home due to negligence, you may be eligible to make a care home negligence claim for compensation.

We provide free legal advice about the care home claims process during an initial telephone consultation. You don’t have to start a claim after the call, but if you do and your case is accepted, we could partner you with a solicitor on our team. Furthermore, as they provide a No Win No Fee service, you won’t need to pay them a penny upfront either. That means you should find the care home negligence claims process a lot less stressful.

Please continue to read the rest of this guide if you’d like more information on claiming compensation for care home negligence. If you’d rather get started right away, you can call us on 0800 6524 881 to discuss the claims process today.

Am I Eligible To Make A Care Home Negligence Claim?

Care homes are legally required to provide residents with a safe standard of care under regulations such as the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, which set out the fundamental standards that must be met. Therefore, any resident who has suffered harm may be able to claim compensation if negligence was to blame.

Generally, to make a successful care home negligence claim, you’ll need to show that:

• The care home breached its duty of care through negligence; and
• This breach caused the claimant to suffer an illness or injury.

To check your eligibility today, please contact our claims advisors via live chat, phone, or a callback form for expert advice.

Common Causes Of Care Home Negligence Claims

Before we look at what evidence you could use for a care home claim, let’s look at what forms of negligence could lead to suffering in a care home. They include:

• Falls in care homes. Care homes should implement extra protection to prevent falls, particularly for frail residents or those with impaired vision. If residents fall due to hazards, wet floors, or a lack of assistance, a claim might be possible.
• Lifting procedures. Care home staff should be trained in lifting residents in and out of bed where needed. If they’ve failed to follow the correct procedures and you or a loved one has been injured, you could seek damages for your suffering.
• Medication errors. Many residents in nursing homes rely on medication to manage ongoing conditions. The prescribed dosage must be given at the correct time. Any prescription error in a care home that causes suffering might mean compensation could be sought.
• Bed or pressure sores. Residents who are bed-bound or immobile need regular movement to prevent bedsores. Failure to do so could lead to a claim if bedsores develop. If a loved one is suffering from bedsores, please get in touch to check your options.
• Care home neglect. Neglect due to staff shortages, lack of training, or inappropriate actions can result in harm. If a resident is not fed, hydrated, or cared for properly, a care home negligence claim could be made.
• Care home abuse. Any form of elder abuse in a care home is likely to result in a police investigation. A compensation claim may also be possible for the resulting suffering.

We can help with a care home negligence claim. If you’d like a free review of your case, please call one of our specialists today.

Evidence To Support A Care Home Negligence Claim

It is important to provide evidence that corroborates your accusation of care home neglect. This could include:

• Medical records. These can be used to show what injuries have been recorded. They may include X-rays of any fractured bones. To support these, you could provide photographs of any visible injuries, such as bruising or pressure sores.
• Your care home contract. This could be used to demonstrate what level of care you should have received contractually.
• Correspondence. If you’ve written to the care home to raise your concerns formally, any emails or letters you’ve sent or received could support your case.
• A diary. Additionally, if you’ve raised concerns informally, it’s a good idea to diarise your conversations. You should record the date, time, and who you spoke to.
• Evidence of expenses. To help prove any costs you’ve incurred because of care home negligence, it’s a good idea to keep hold of any relevant receipts or invoices.
• CCTV footage. Where an accident in a care home is captured by CCTV security cameras, you should request a copy. This footage is often deleted quickly, though, so it’s a good idea to act swiftly here.

If you’d like support with making a care home negligence claim, give our claims advisors a call and they will review your evidence for free.

How Much Compensation For Care Home Neglect?

There isn’t a fixed amount of compensation paid for care home neglect, as every case is different. Instead, your solicitor will use two heads of loss to calculate a fair settlement:

• General damages. These cover the pain and suffering that has been caused by your injuries. They can include psychological damage and physical suffering, and also compensation for any loss of amenity.
• Special damages. This is where any costs, expenses or financial losses linked to your injuries will be claimed back.

As each care home claim is unique, so is any settlement amount. For a solicitor to accurately calculate how much compensation could be claimed, they would have to examine every detail.

Find out more on the above types of damages here.

Care Home Negligence Compensation Calculator

Below is a compensation calculator that lists many of the more common injuries seen in care home negligence cases and advised compensation amounts. Although the compensation levels are not set in stone, they are used as a guide in calculating general damages.

For a free consultation on a care home claim and to discuss what compensation could be claimed, please call us today.

Can I Claim For Care Home Neglect Resulting In Death?

Yes, you could claim compensation if a loved one has died in a care home because of neglect. Initially, a claim could be made by the estate of your loved one to claim for their death and any associated pain and suffering. Additionally, any dependents could also be compensated as well.

To claim compensation in this situation, you’ll need to show how your loved one died because they received a lower standard of care than you could reasonably expect. For example, a claim might be possible if they died because they:

• Weren’t given their prescribed medication.
• Fell because incorrect lifting techniques were attempted.
• Were malnourished.
• Were dehydrated.

If you believe your loved one was not treated correctly in a nursing home and this led to their death, please get in touch for free legal advice. Our team will deal with your call compassionately and you won’t be under any obligation to take action. If you do decide to proceed, though, we could ask one of our experienced solicitors to work for you on a No Win No Fee basis.

Time Limits For Claiming Care Home Negligence Compensation

Generally, the time limit for starting a care home negligence claim is 3 years from the date the claimant was injured, though a later “date of knowledge” may apply in some situations.

One exception to that rule is if the claimant doesn’t have the mental capacity to take action. In these cases, the 3-year time limit will not apply while that’s still the case and a relative or friend could claim on their behalf at any point as a litigation friend. This is something we can help with. If your loved one is unable to manage their own affairs, any compensation will be managed by a court trust fund and you could request a withdrawal when it will benefit the claimant.

Importantly, if the person has sadly passed away due to care home negligence, the 3-year time limit usually starts from the date of death or from when the negligence was linked to their death.

To verify how much time you’ve got to make a care home claim, please get in touch today.

Do I Need A Solicitor To File A Care Home Claim?

Using a solicitor to file a claim against a care home isn’t a legal requirement, but having legal representation could improve your chances of success. It could also mean you’ll receive a fair settlement amount.

Our team of solicitors have many years of experience handling negligence claims and could help you as well. If your case is accepted, your solicitor will typically manage the whole process for you.

As a result, you won’t need to answer any legal or medical questions from the defendant yourself as your solicitor will do this for you. Furthermore, they’ll use the experience and training to try and overcome any objections regarding liability that are raised.

Throughout the care home claims process, you’ll receive regular updates about how the case is progressing. Should a settlement offer be made, it will be reviewed with you before it’s accepted to ensure it is a fair amount.

Starting The Care Home Negligence Claims Process

Are you ready to start your claim today? If so, please get in touch on 0800 6524 881 to start the ball rolling. There’s no risk in calling, as we’ll provide free advice about the care home negligence claims process and your options, whatever you choose to do.

If your claim is taken on by a solicitor from our team, they’ll send you a Conditional Fee Agreement (CFA). When using a CFA, you don’t pay your solicitor for their work upfront.

Instead, you’ll pay them a success fee if compensation is awarded. This is a set percentage of any settlement that’s paid to you. By law, success fees are currently capped at 25% of any compensation when using CFAs.

You can also speak to one of our trained advisors right away via live chat, or complete a callback form on this page to arrange a free consultation at a time that suits you.