How Much Compensation Can I Claim For Care Home Negligence or Injury?
By Stephen Lawson. Last Updated 12th October 2021. Welcome to our guide on care home negligence claims. If you or a loved one suffered as a result of negligence by care home staff, you could be entitled to make a personal injury claim.
In this guide, we’ll explain what your rights are and how we could help you secure the care home negligence compensation that you deserve on a No Win No Fee basis. For advice and support on everything you need to know about care home compensation claims, including how much you could be entitled to, please read on.
A care home should be a safe place, and for the most part, they are. Unfortunately, accidents do occur from time to time, which can lead to an injury to a resident of the care home or one of the care home staff. As a result, the injured party may pursue care home claims for the damages inflicted.
If you have been injured in an accident at work or whilst either staying in a care home, then you may have a valid reason to make a claim for care home compensation. This short guide aims to inform people who have suffered an injury in a care home about the process of making a compensation claim and how to best proceed with their claim.
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 negligence claims by:
- Call 0800 073 8804
- Write to us about your case
- Or chat with us now using our live feature on this page
Select a section:
- A guide to claiming compensation for Injuries Sustained in a Care Home.
- Negligence claims against care homes.
- Wrongful death due to negligence and neglect in a care home.
- Claiming for a care home failing to provide a primary health need.
- Control of infection in a care home.
- Claiming against the NHS for an injury in a care home.
- Making a claim for an injury caused by a slip trip or fall in a care home.
- Claiming for an injury in a care home as a care worker.
- Care home injury facts and statistics.
- Who can claim for an accident in a care home?
- What to do if you or a loved one has suffered an injury in a care home?
- What can be claimed for an injury in a care home?
- No win no fee care home injury claims.
- How much can I claim for an injury in a care home?
- How to start a care home injury claim.
- Why choose us as your claims service for a care home injury claim.
- Call for free advice and to start a claim.
- Care home claims FAQs
We are experienced solicitors well-versed in claiming care home compensation for our clients. Within this guide, we are going to share some of our expertise and detail many of the factors that need to be considered when making a claim.
The guide covers claims against both private and NHS run care homes, as both a resident and an employee. It explains who can make a claim, what can be claimed for, and how much compensation the claimant is likely to receive.
Furthermore, we’ll outline the benefits of using our No Win No Fee claims service and explain what steps you need to take to get started.
Making a claim for care home compensation is not something that cannot be approached without due diligence. No care home wants to have its reputation tarnished by being found guilty of neglecting its duty of care, causing suffering unnecessarily.
The UK government sets specific standards for care homes, which, if not adhered to, could result in injury or illness of residents. In such cases, victims and their loved ones could have reasonable cause for making claims for compensation.
The Health and Safety Executive (HSE) state that employers at care homes must:
- Provide adequate information to all their employees.
- Ensure training and supervision are supplied when needed.
- Carry out safety measures where required.
- Routinely inspect all safety precautions to ensure the practices in place are up to standard.
We can assist our clients in securing the maximum amount of care home negligence compensation in most claims. Do you feel you have been a victim of neglect whilst you were a resident of a care home? Or do you suspect that a family member staying in a care home has been a victim of negligence? If either is the case, please contact us for advice on what you should do next. We can also advise on beginning the process of filing a compensation claim if you’re deemed eligible.
To find out more about the care home compensation claims process and see how we could help you get the maximum compensation you deserve on a No Win No Fee basis, please read on.
What is meant by a breach of duty in medical negligence?
All healthcare providers have a duty of care to their patients. If the standard of care that they provide is lower than is reasonably expected according to official guidelines and regulations, then this is considered a breach of duty.
If you or a loved one experienced this kind of negligence, you could be eligible to claim care home compensation as a result of any suffering caused. To learn more, please read on or get in touch today.
The Royal College of Nurses has published a comprehensive duty of care definition detailing how health care professionals should carry out their responsibilities in their patients’ best interest. The idea is that these best practices will minimise the risk of patients being harmed by the level of care they are receiving.
Unfortunately, the duty of care framework does fail from time to time, and in the most extreme cases, can lead to the death of a person being cared for in a nursing home.
Suppose a person has been a victim of wrongful death due to negligence and neglect whilst 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 negligence compensation claim.
A claim for wrongful death in a care home is subtly different from a typical care home claim for personal 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.
Every care home is required to provide for the primary health needs of its residents. Failure to do so will see them become liable to pay care home neglect compensation to any person who has suffered adverse consequences to their health, such as sustaining an injury whilst in the nursing home.
The duty of care negligence definition discussed in a previous section of this guide distinctly states that every health care professional must do everything in their power to ensure the well being of their patients. In the case of care home residents, primary health needs are defined on a case by case basis.
These primary health needs are defined for each individual patient and are critical to their long-term well being. Failure to provide due care for these primary health needs is a severe form of medical negligence. You will undoubtedly need the assistance of an experienced medical negligence solicitor to pursue such a care home negligence compensation claim.
Elderly people in care homes and nursing homes are vulnerable to infection, and infections in elderly people can have a high risk of infection is fatal. In nursing homes, there needs to be stringent hygiene as it’s vital in nursing homes. If a family member or loved one has fallen ill due to an infection, and you believe there was negligence, contact us today for free legal advice about filing care home negligence claims. You could be eligible to receive care home compensation for negligence.
If you’d like to know more about care home claims against the NHS and how we could help you on a No Win No Fee basis, please read on.
The NHS takes the provision of care very seriously. Although there are relatively few NHS run care facilities compared to privately operated ones, those who do exist often have the highest staff expertise level. Where private nursing homes will frequently employ minimally qualified staff on a low wage, the NHS always uses fully qualified care workers. Therefore, making negligence claims against care homes run by the NHS is a serious matter.
In care home compensation claims against the NHS, it is highly likely that the individual care worker, if found guilty of negligence to a patient, will lose their job and be unable to work in the medical sector in the future. Effectively ending their career, and with care home nurse qualifications taking many years of studying to secure, this is a severe issue.
Therefore, proving negligence on the part of the care worker is going to be a primary consideration in making a care home negligence compensation claim against the NHS. You’ll need the help of experienced solicitors to pursue any claim against the NHS, and we can assist you in this.
So to find out more about how to claim care home compensation or to kickstart your case now, get in touch with our team on the number at the top of this page.
The single most common accident that results in an injury to either a resident or a staff member in a care home is slipping, tripping or falling.
Every operator of a care facility is required under UK health and safety regulations to maintain a safe environment for its residents and employees. For instance, the Health and Safety Executive (HSE) outlines that walkways, pavements and internal floors must be free of obstructions and other dangers that could cause a slip, trip or fall accident.
Failure to comply with these health and safety regulations, leading directly to an accident causing an injury to a resident or employee, will result in a valid reason to make a care home compensation claim.
As in the previous section, every care home has regulation under UK health and safety standards. Part of these regulations stipulates that a safe working environment must be maintained for every employee. This includes ensuring that every staff member is fully trained in their job role that relates to maintaining these health and safety standards.
Suppose you were injured working in a care home after falling down the stairs, either due to inadequate health and safety provisioning or due to insufficient training in how to carry out your duties safely. In such cases, you will have valid reasons to pursue care home negligence compensation claims.
For more facts about care home compensation claims and to find out more about pursuing compensation on a No Win No Fee basis, please read on or give our team a call today. We can then assist with your care home negligence claims.
The National Health Service publishes annual Quality Accounts for each area of jurisdiction in the UK. Reading the relevant quality account for your local area will give you a general overview of how well patients are being cared for locally.
The graph below provided by the Office of National Statistics using information from the 2011 census shows that the majority of those living in care homes are over the age of 85.
Nationwide statistics show the following trends in in-patient care:
- In the UK each year, an average of 5% of all care workers are likely to suffer from some form of work-related illness.
- Also, in the UK each year, an average of 2% of all care workers are likely to suffer an injury due to a work-related accident.
- And in the UK each year, an average of 4.8 million working days are lost through care workers suffering from a work-related illness or a work-related injury.
- According to research carried out by the NHS, the rate of falls for elderly people residing in a care home is three times that of elderly people who are cared for in their local community.
- Each day in the UK, on average, two people in some form of medical care, including those who are resident in care facilities, die from hunger or starvation.
So, the assumption that the elderly or infirm are safer in a care home is incorrect. It is also possible that the risk of occupational health issues for care workers is relatively high.
To find out who can make care home negligence compensation claims, please get in touch.
Depending upon the exact nature of an injury in an accident in a nursing home and its severity, four distinctly different legal entities can claim care home compensation. These are:
- In most cases, the victim of the injury will be the legal entity to pursue a claim.
- The dependants of the victim – this is where the injury prevents the victim from making their own claim. Or perhaps the care home accident causes the death of the victim. Here, the dependants of the victim will be able to make a compensation claim against the care home.
- The immediate family members – cases where the victim cannot pursue their own claim, so immediate family members may pursue it.
- The estate of the victim – same as above, but the estate of the victim pursues the claim.
If you need help or advice in deciding if you have a valid reason to claim compensation on behalf of the victim of an injury sustained in a care home, please contact us. And if you have any other questions about care home negligence claims, we’re more than happy to answer them for you.
To make a successful claim for care home negligence compensation, undertake these vital steps below.
- Prepare the key facts – fully documenting the timeline leading to the accident, detailing exactly how the accident happens.
- Gather evidence – take pictures of the environment or gather key facts such as the names of care workers.
- Get a medical opinion – of the severity of the injury and any potential long-term effects of the damage.
- Detail the financial costs – including all out-of-pocket expenses such as medical costs and travel expenses. Also, outline loss of income/earnings in the short-term and any possible loss or lowering of income in the future.
- Contact a care home compensation solicitor – get in touch to learn about our No Win No Fee services.
These five simple steps will help you to understand how the injury or accident happened and what the costs, both physically and financially it is likely to cause. It will also boost the chances of success if you did decide to make a compensation claim.
Depending on the severity of the injury, and any long-term health or financial effects it may have, several different types of damages can be included in care home claims, and these can include:
- General damages – in this category, we cover all of the physical aspects of the care home injury. Physical pain and suffering, psychological trauma, and also any long-term or permanent health issues that the injury will cause.
- Special damages – in this category, we capture all of the tangible and non-tangible financial costs that the care home injury has caused—everything from out of pocket expenses through to future loss of earnings. Special damages also cover losses such as having to cancel a planned holiday or missing a major event such as a child’s wedding.
- Medical costs – these are most usually rolled into the special damages category, but in some cases, are handled separately.
- Again, travel costs usually rolled into the special damages category but can be claimed for in their own right in some cases.
- Care costs – to cover the costs of in the home care or a stay in a care facility. In extreme accidents resulting in an end of life scenario, this category would also cover hospice costs.
- Funeral expenses – in the result of the care home injury causing a patient’s death, funeral costs can be claimed.
Every care home compensation case is different, so contact us to discover which categories of damages are appropriate. To see what else you can include in any care home negligence claims, please get in touch.
Many solicitors dealing with care home fees require clients to pay for ongoing legal costs. We work in a very different way. So, we offer a No Win No Fee service, providing legal representation with zero initial outlay.
Furthermore, if we fail to win your care home injury compensation claim, you won’t need to pay us anything. We will only take a fee if we are successful in winning nursing home negligence compensation on your behalf.
Do you want information about how much care home compensation you could claim? So, this section provides a compensation calculator table to help illustrate different payout awards. However, online compensation calculator tools can be unreliable and provide generalisations rather than accurate estimates.
It can be difficult to estimate what compensation a person might receive. However, the amounts below are indicative, using historic data from previous care home negligence compensation cases:
|Toe Injury||Amputation of All Toes||£34,270 to £52,620||Payouts depends on trauma associated|
|Foot Injury||Amputation of Both Feet||£158,970 to £189,110||Similar to below-knee amputation|
|Achilles Injury||Moderate||£11,820 to £19,770||Partial rupture or significant injury|
|Ankle Injury||Severe||£29,380 to £46,980||Extensive treatment required|
|Knee Injury||Moderate to Severe||Up to £90,290||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.|
|Leg Injury||Moderate to Full Amputation||Up to £214,350||From complicated or multiple fractures or severe crushing injuries to above-knee amputation on one or both legs.|
|Finger Injury||Minor to Full Amputation||Up to £85,170||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.|
|Thumb Injury||Minor to Full Amputation||Up to £51,460||From soft tissue injuries to amputation of one or both thumbs. Could be more in some cases.|
|Wrist Injury||Minor to Very Severe||Up to £56,180||From very minor undisplaced or minimally displaced fractures to injuries resulting in complete loss of function of the wrist.|
To receive an accurate estimate of compensation for your care home claim, please contact us.
To begin your care home compensation claim for an injury as an employee or a resident, contact us.
We will arrange a free consultation session with you and gather all of the necessary details about your case. Then, we can offer advice on how to proceed with your claim and what the next steps should be. If you choose to work with us, we can connect you with a No Win No Fee lawyer today to get to work on your claim right away.
If necessary, we can also arrange for a local medical examination to document the actual injury itself. You can then use this as evidence during the care home negligence claims process.
We have a clear track record in securing significant nursing home negligence compensation claims. And we treat each and every client as an individual, with a unique set of circumstances. Our care homes claim service aims to secure you the maximum amount of compensation possible. And we won’t do anything that may put your chance of winning care home negligence compensation at risk.
So, are you or a relative the victim of an accident causing an injury in a care home? Or perhaps you work in a care home and suffer a work injury?
Now, if you answer yes, contact us for advice and guidance on making a compensation claim.
- You can call us on 0800 073 8804
- Use the live chat function of this website
- Fill out an online contact form, and we will get back to you as soon as possible
We look forward to hearing from you.
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.
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.
Have you or a family member been burned in a nursing home due to negligence? Find out if you can claim compensation.
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.
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.
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.
If a family member suffers from medical negligence due to care home negligence, contact us today for free legal advice.
What is a medical negligence care home claim?
If you or a relative suffers due to negligence, you could make care home negligence claims to receive compensation.
What is negligence in a care home?
To summarise, negligence in a care home occurs when the staff of a care home fail to do all that is reasonably practicable to keep you free from harm. If a care home neglects its duty of care, this could allow a claim for negligence compensation.
What is the average payout for negligence?
It’s difficult to give a figure of an average care home compensation amount without knowing more details of the case. So, give us a call today to chat with someone about the details of your claim.
How much does the NHS pay out in compensation?
In 2019, the NHS would pay out £4.7 billion in clinical negligence claims according to the NHS Resolution Annual Report.
How is compensation calculated?
The Judicial College Guidelines give guidance on the amounts in compensation for specific injuries. So, the remainder of a compensation payout comprises of special damages. These compensate for any out-of-pocket expenses such as medical treatment or travel expenses.
How long do I have to make a care home claim?
All personal injury claims have a general time limit of 3 years. So, this limitation period begins from the date of the incident in question or the date of knowledge.
How much compensation do you get for a psychological injury?
Psychological injuries can be compensated in much the same way as physical injuries. The impact that the injury has on your quality of life is a consideration. And so is the length of time of your suffering.
Can I make a claim on someone else’s behalf?
Yes. So, for anyone lacking mental capacity, nursing home claims are doable by a litigation friend representing the victim.
How much does it cost to make a care home compensation claim?
If you have a No Win No Fee agreement, you don’t pay your lawyer if they don’t win you care home negligence compensation. Furthermore, there are no upfront fees or hidden costs either, lessening any financial risk.
Thank you for reading our guide about filing care home negligence claims.