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Care Home Negligence Claims | No Win No Fee

By Danielle Jordan. Last Updated 26th October 2023. If you or a loved one have suffered because of negligence by care home staff, you may be entitled to make a claim for compensation. In this guide, we’ll explain what your rights are and how we could potentially help you secure care home negligence compensation with the help of a No Win No Fee solicitor.

To find out more about claiming care home compensation for negligence or to proceed with a claim, our team is available 24 hours a day, 7 days per week. You can reach them to discuss potential care home claims by:

care home negligence compensation

A guide to care home negligence compensation claims

Select a Section:

  1. Can I Make A Care Home Negligence Claim?
  2. What Injuries Could You Make A Care Home Negligence Claim For?
  3. Tips For Proving Care Home Negligence Claims
  4. Wrongful Death Due To Negligence And Neglect In A Care Home
  5. Compensation Payouts In Care Home Claims
  6. Special Damages For Neglect In Care Homes
  7. Make A No Win No Fee Claim Today For Care Home Negligence

Can I Make A Care Home Negligence Claim?

If you or a loved one suffered care home negligence, certain criteria must be met in order to have a valid claim. You must be able to prove that:

  • You were owed a duty of care.
  • This duty was breached.
  • You were harmed as a result of this breach.

Care assistants and nurses, must provide their patients with a minimum standard of care. This is their duty of care. If you, or your loved one, suffered unnecessary harm because they failed to adhere to this duty, you might be eligible to seek compensation or seek it on behalf of a loved one.

However, not all harm experienced in a care home setting is eligible for compensation. For example, you may not be able to claim if you have failed to communicate symptoms to the nurse and you experience delayed treatment as a result.

Call our advisors to discuss neglect in care homes and assess whether you have a valid claim.

Time Limits For Care Home Negligence Claims

The care home claims time limit is outlined in the Limitation Act 1980. Typically, the limitation period begins from the date that:

  • The negligence happened; or
  • When you established that the care home had acted negligently.

There are exceptions to the time limit in care home abuse cases if the claimant is a minor. They would have three years from their 18th birthday to take action, unless a litigation friend claimed on their behalf before this point; the time limit for the litigation friend to claim is suspended.

Another exception to the time limit applies to someone who has faced neglect in care homes but lacks the mental capacity to make their own claim. In this circumstance, the limitation period is suspended indefinitely unless they regain the required mental capacity. However, a litigation friend may claim on their behalf while the time limit is suspended.

Please don’t hesitate to contact us if you have any questions about the medical negligence claim time limit. Our advisors will be happy to help and it won’t cost you a penny to access their 24/7 legal advice.

What Injuries Could You Make A Care Home Negligence Claim For? 

If a care assistant has breached their duty of care, and you have suffered harm as a result, it could constitute care home negligence. Examples of how you could be harmed in a care home include:

  • Pressure sores. Also known as bed sores, these skin ulcers can occur if someone is immobile and not turned over enough. They can lead to blood poisoning and tissue damage. 
  • Medication errors. These can occur if you are given another person’s medication by care home staff. You may suffer an allergic reaction, or it may interact negatively with your correct medication.

If you have evidence of care home negligence, solicitors specialising in these types of claims might be able to help you. Speak with one of our advisors. They can assess whether you have valid grounds to claim and offer free advice on care home claims

Tips For Proving Care Home Negligence Claims

As mentioned above, gathering evidence is a key part of the claims process. If you are unable to establish care home negligence, you won’t be able to seek compensation. However, there are a number of helpful pieces of evidence you could acquire to assist you in this step.

Here is a short list of examples:

  • Witness contact details – There may be other care home residents or visiting family members who saw your relative suffering from care home neglect. If so, a solicitor may be able to take an official statement from them.
  • Photographs – If a loved one has suffered physical injuries due to negligence, then it can be helpful to have visual evidence. This way, you can present the pictures even when the injuries have healed.
  • Medical records – Some injuries may require treatment as advised by a medical professional. If so, important details regarding this treatment and the injuries themselves will be recorded in an official capacity.

If you’d like more information on what evidence you can gather to prove neglect of duty on behalf of care home staff, reach out to our advisors today.

Wrongful Death Due to Negligence And Neglect In A Care Home

Suppose a person has been a victim of wrongful death due to negligence and neglect while staying in a care facility. In that case, the dependents, family members and estate of the deceased will have a valid reason to make a care home compensation claim.

A claim for wrongful death in a care home is subtly different from a typical care home claim for injury or illness. Additional types of damages will be attached to the claim, such as funeral costs and dependants’ ongoing financial support.

To find out what else can be included within care home negligence claims, please get in touch with our No Win No Fee team.

Compensation Payouts In Care Home Claims

Payouts for successful care home negligence claims may include general and special damages. We’ll look at special damages shortly. In this section, we look at general damages for care home claims.

Following successful personal injury claims for neglect in care homes, general damages compensate someone for the pain and suffering they have endured due to their injury.

Many legal professionals will use the Judicial College Guidelines (JCG) to help them value general damages. This document lists compensation guidelines for various injuries of differing severities. Our table below contains figures from the latest edition of the JCG, published in April 2022.

However, please only refer to this table as a guide.

Edit
Injury Severity Amount Notes
Leg Injury Moderate to Full Amputation Up to £282,010 From complicated or multiple fractures or severe crushing injuries to above-knee amputation on one or both legs.
Foot Injury Amputation of Both Feet £169,400 to £201,490 Similar to below-knee amputation
Knee Injury Moderate to Severe Up to £96,210 From injuries involving dislocation, torn cartilage or meniscus which results in minor instability to serious knee injury where there has been disruption of the joint, the development of osteoarthritis and gross ligamentous damage.
Finger Injury Middle/ring, and index finger amputated £61,910 to £90,750 From injuries including fractures which generally have recovered in six months to amputation of the fingers which has an impact on the grip of the hand.
Wrist Injury Minor to Very Severe Up to £59,860 From very minor undisplaced or minimally displaced fractures to injuries resulting in complete loss of function of the wrist.
Thumb Injury Minor to Full Amputation Up to £54,830 From soft tissue injuries to amputation of one or both thumbs. Could be more in some cases.
Toe Injury Amputation of All Toes £36,520 to £56,080 Payouts depends on trauma associated
Ankle Injury Severe £31,310 to £50,060 Extensive treatment required
Achilles Injury Moderate £12,590 to £21,070 Partial rupture or significant injury

Call our advisors to discuss compensation for care home abuse cases or to receive free advice for your particular claim.

Special Damages For Neglect In Care Homes

Neglect in care homes cannot only result in pain or suffering, but can also lead to you or your loved one experiencing financial harm. Special damages cover any monetary losses or out-of-pocket expenses incurred as a result.

An example could be medical costs. If you suffer a psychological injury as a result of care home negligence, such as anxiety, you may need to pay for prescription medication to help manage the symptoms. Make sure you do not lose your prescription receipts, as these will be required to prove this expense.

Additionally, your earning capacity could be affected if you are taking time from work to help your loved one after they experienced unnecessary harm from a negligent care home. If you do suffer a loss of earnings, a wage slip could be used as evidence of this loss. 

Special damages could also be awarded to cover funeral expenses if your loved one passed away as a result of care home negligence. An invoice from a funeral director may be used to highlight how much the service cost you. 

If you have further questions regarding care home claims, please don’t hesitate to contact our advisors using the 24/7 live chat widget on your screen. This service is free of charge.

Make A No Win No Fee Claim Today For Care Home Negligence

If you were owed a duty of care in a care home and you suffered due to a breach in this, you might be eligible for compensation. A No Win No Fee solicitor specialising in care home abuse cases could support your claim. They could provide their legal services for your care home neglect claim under a Conditional Fee Agreement (CFA).

When you pursue compensation with the support of a No Win No Fee solicitor, they usually won’t charge you upfront or expect you to pay ongoing costs. Should your care home neglect claim prove successful, a legally capped success fee will be taken from your settlement. If your care home neglect claim is not successful, you would usually not be expected to cover the costs of your solicitor’s work.

Our advisors can answer any questions you may have about compensation for neglect in care homes. If your care home negligence claim seems eligible, you could be passed on to our solicitors. To get in touch:

Thank you for reading our guide on care home claims.

Helpful Links On Care Home Negligence Claims

In this final section of our guide on claiming care home negligence compensation, we have some other resources.

Wrongful Death and Fatal Accident Compensation Claim Amounts

Have you lost a family member or loved one due to care home negligence? Find out how much compensation you can claim for death today call us for free advice.

Burn Injury Claims – How Much Compensation?

Have you or a family member been burned in a nursing home due to negligence? Find out if you can claim compensation.

Report abuse of an older person

Examples of care home abuse include not caring for a patient properly (neglect), pressuring someone to give away money or property, psychological (e.g. threats, bullying or harassment or forcing someone to live somewhere they don’t want to), physical (e.g. violence), sexual abuse.

NI Direct Recognise and report elder abuse.

Elder abuse includes neglect and actions intending to harm. If you see that neglect is leading to harm you can report it as it’s severe and wrong.

HSE Health and safety in care homes

This care home HSE guidance helps those providing and managing care homes in the UK. And this includes vital messages on risks to both workers and residents.

Medical Negligence Claims How Much Compensation?

If a family member suffers from medical negligence due to care home negligence, contact us today for free legal advice.

Here are some other guides you may find useful:

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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