How Much Compensation Can I Claim For Care Home Negligence or Injury?
By Michael Patrick. Last Updated 18th January 2021. A care home should be a safe place, and in 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, you may pursue a care home claim for the damages inflicted.
If you have been injured in an accident whilst either staying in or working in a care home, then you may have a valid reason to make a compensation claim. This short guide aims at educating 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.
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.
- Claiming 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.
We are care home claims solicitors with plenty of experience 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 compensation claim against a care home.
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, it outlines our No Win No Fee care home compensation claims service and explains what to do when you are ready to start claiming a care home.
Suing a care home for neglect 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 a patient.
The UK Government sets specific standards for care homes, and if failure to comply with these standards results in an injury to a resident or employee of the care home, then a reasonable cause for making a compensation claim will exist. For instance, it is outlined by the Health and Safety Executive (HSE) that employers must:
- Provide adequate information to all members of staff.
- Ensure training and supervision is 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 compensation in most care home negligence cases. If you feel you have been a victim of neglect whilst you were a resident of a care home or suspect that a family member staying in a care home has been a victim of negligence, please contact us to offer advice on what you should do next.
The Royal College of Nurses has published a comprehensive duty of care negligence 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 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 compensation claim.
A claim for wrongful death in a care home is subtly different from a claim for a personal injury sustained in a care home. Additional types of damages will be attached to the claim, such as funeral costs and dependants’ ongoing financial support.
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 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 the infection being fatal. In nursing homes, their needs to be a stringent hygiene as it’s vital in nursing homes. If a family member or loved one has fallen ill due to a infection, and you believe there was negligence, contact us today for free legal advice.
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 negligence cases 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 compensation claim against the NHS. You will definitely need the help of experienced care home negligence solicitors to pursue any claim against the NHS, and we can assist you in this.
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 of the care home, will result in a valid reason to make a compensation claim.
As mentioned in the previous section, every care home is regulated 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 have suffered an injury whilst working in a care home, either due to inadequate health and safety provisioning or due to insufficient training in how to carry out your duties safely. In that case, you will have a valid reason to claim compensation.
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. Nationwide statistics show the following trends inpatient 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.
- 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.
- In the UK each year, an average of 4.8 million working days are lost through care workers suffering from a work-related illness of 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.
As we can see, in some cases, the assumption that the elderly or infirm are safer when residing in a care home is simply incorrect. It can also be seen that the risk of occupational health issues for care workers is relatively high.
Depending upon the exact nature of an injury sustained in an accident in a nursing home, and its severity, four distinctly different legal entities can claim nursing home compensation. These are:
- In most cases, the victim of the injury, the actual person who has sustained the injury, will be the legal entity that will pursue a claim for damages against the care home.
- The dependants of the victim or deceased – in cases where the injury prevents the victim from making their own claim, or if the care home accident has resulted in the death of the victim, then the dependants of the victim will be able to make a compensation claim against the care home.
- The immediate family members of the victim – as above, in cases where the victim cannot pursue their own claim, the immediate family members of the victim may pursue a claim for damages.
- The estate of the victim – again, in cases where the victim cannot pursue their own claim, the estate of the victim may pursue a claim for damages.
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.
In order to make a successful negligence claim against care homes, it is advisable to prepare for making your claim by undertaking several vital steps outlined below.
- Prepare the key facts – this means fully documenting the timeline that leads up to the accident, and detailing exactly how the accident occurred.
- Gather evidence if possible – this could include taking pictures of the environment that caused the accident, or gathering key facts such as the names of the care workers involved.
- Get a medical opinion – of the severity of the injury and any potential long-term effects of the damage.
- Detail the financial costs of the injury – including all out of pocket expenses such as medical costs and travel expenses. Also, outline any loss of income or earnings that have occurred in the short-term and any possible loss or lowering of income in the future due to the injury.
- Contact a care home compensation solicitor, such as ourselves, to begin making your care home compensation claim.
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.
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 claimed for, and these can include:
- General damages – in this category, we cover all of the physical aspects of the care home injury. Physical pain, 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.
Each case is different, so you will need to contact us to discover just which categories of damages would be included in your specific care home injury claim.
Many solicitors dealing with care home fees and the cost of making a compensation claim, require their clients to pay for the ongoing legal costs of the case. We work in a very different way. 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 compensation on your behalf.
Although it is virtually impossible to estimate the amount of compensation a person might receive for making a claim for an injury sustained in a care home, the amounts below are indicative, based on historic data from previous care home compensation cases:
|Toe Injury||Moderate to Full Amputation||Up to £42,600||From soft tissue injuries to amputation of one or more toes.|
|Foot Injury||Minor to Full Amputation||Up to £153,200||From soft tissue injuries to amputation of both feet.|
|Achilles Injury||Minor to Severe||Up to £29,200|
|Ankle Injury||Minor to Very Severe||Up to £53,000|
|Knee Injury||Moderate to Severe||Up to £73,125|
|Leg Injury||Moderate to Full Amputation||Up to £214,350||From soft tissue injuries to amputation of both legs.|
|Finger Injury||Minor to Full Amputation||Up to £27,925||From soft tissue injuries to amputation of one or more fingers. Could be more in some cases.|
|Thumb Injury||Minor to Full Amputation||Up to £41,675||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 £45,500|
|Hand Injury||Minor to Full Amputation||Up to £64,275||From soft tissue injuries to amputation of one or both hands.|
|Elbow Injury||Minor to Full Amputation||Up to £228,000||From soft tissue injuries to amputation of one or both arms.|
|Shoulder Injury||Minor to Severe||Up to £36,500|
|Neck Injury||Minor to Severe||Up to £112,750|
|Back Injury||Minor to Severe||Up to £122,350|
In order to receive a more accurate estimate of how much compensation you might receive for your specific care home claim, then please contact us using the contact details at the bottom of this guide.
If you are ready to begin your claim against a care home for an injury you have sustained as an employee or a resident, then you simply need to contact us.
We will then arrange a free consultation session, and gather all of the details of your case. We can then begin to offer you advice on how to proceed with your claim, and what the next steps should be.
If required, we can also arrange for a local medical examination to document the actual injury itself, and to be used as evidence during the claims process.
We have a proven track record in securing significant compensation payouts for nursing home claims. We treat each and every client as an individual, with a unique set of circumstances. Our care homes claim service is designed to secure you the maximum amount of compensation possible, without doing anything that may put your chance of winning compensation at risk.
Have you or a loved one been the victim of an accident causing an injury in a care home? Or perhaps you work in a care home and have suffered a work-related injury?
If you have answered yes to either of these questions, then you should contact us for advice and guidance on how to proceed with making a compensation claim.
- You can call us on 0800 073 8804.
- Use the live chat function of this website, or:
- Fill in the contact form, and we will get back to you as soon as possible. We will talk you through your options, and in most cases, will offer to take on your claim under a No Win No Fee agreement.
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 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, and this can be if you see that neglect is leading to harm you can report it as it’s severe and wrong if older people are being neglected. For more information, click on this link. LegalExpert.co.uk can also file a complaint for you when claiming compensation for injuries.
This care home HSE guidance is intended to help those providing and managing care homes in the UK, this includes vital messages on risks to both workers and residents.
If a family member or loved one has suffered from medical negligence due to care home negligence contact us today for free legal advice.