Care Home Fatal Accident & Wrongful Death Claims

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How Much Compensation For Care Home Negligence Resulting In Death?

By Stephen Hudson. Last Updated 24th January 2024. Welcome to our guide on care home negligence death claims. When our family members are getting older and more infirm it can become impossible to carry on caring for them at home. Putting them into a care facility is sometimes the only solution. When you’ve taken the decision to put your loved one in a care home, it can be a very difficult time for everyone involved, but at least you believe that they are in safe hands and will be well cared for by compassionate and well-trained staff.

If you have evidence to support a valid claim against your loved one’s care home, you will need the advice of a qualified firm of solicitors with plenty of experience in the field, and that’s where we can help. We are a skilled and expert team of highly experienced personal injury claim advisors in the area of care home negligence and we can help you to form a successful case. In this guide, we look at what is involved in care home negligence death claims, and how you could start one.

Select a Section:

  1. Wrongful Death Negligence Claims Against Care Homes
  2. How To Prove A Care Home Negligence Claim
  3. How Much Compensation Could You Claim Following The Death Of A Loved One?
  4. Make A No Win No Fee Fatal Accident Claim
  5. Helpful Links
Flowers placed in front of a coffin at a funeral

Care Home Negligence Death Claims

Wrongful Death Negligence Claims Against Care Homes

If a loved one has died while they are a resident at a care home, you may be eligible to claim compensation if you can prove that their death occurred due to the care home breaching their duty of care. 

Residents of a care home are automatically owed a duty of care by the care home’s assistants and nurses. As part of their duty, they should provide a minimum standard of care. If the care provided drops below this standard, this could result in someone suffering unnecessary harm or being fatally injured.

For the first six months following the loved one’s death, the Law Reform (Miscellaneous Provisions) Act 1934 allows for the deceased’s estate to make a claim on the deceased’s behalf for their pain and suffering. They are the only one who can make this type of claim. They can also bring forward a claim on behalf of the dependents.

If no claim has been brought forward on their behalf after these six months, the deceased will be allowed to bring forward their own claim for the impact the death has had on them, as stated under the Fatal Accidents Act 1976

To see whether you qualify as a dependent or for more information on the eligibility requirements for care home negligence death claims, you can contact our advisors on the phone or online today.

A bed inside a care home

Care Home Negligence Death Claims

How To Prove A Care Home Negligence Claim

If you are to be successful in making a negligence claim against a care home, you must prepare properly by going through the steps below:

  • Ensure you have outlined the facts of the case, documenting the complete timeline leading to the accident and all of the details of the way in which the accident happened.
  • Gather all evidence such as photographs of the environment around the area that the accident took place and obtain facts and details like the names of all involved care workers.
  • Obtain a medical opinion regarding the injury’s severity together with any potential lasting effects.
  • Outline all financial costs relating to the injury including any expenses like travel costs and medical bills. Also, if any loss of earnings has been incurred, these must also be included, for both the short term and for any reduced future income due to the effects of the injury.
  •  Make contact with a solicitor specialising in care home injury compensation, such as our specialist team, and begin your claim for compensation.

By following these steps, you will develop a clear idea of how the accident took place and all physical and financial implications that are likely to have been caused.

How Much Compensation Could You Claim Following The Death Of A Loved One?

While there is no definitive answer to how much compensation you may be able to claim for your family member’s death while in a care home, the historic data provided below can give you a basic idea as to the amounts you may be able to expect.

The compensation brackets included in the table below cover certain types of fatal injuries which you may wish to claim for following care home negligence. It also includes certain psychological injuries which may prove relevant when claiming. The brackets are based on those found in the latest Judicial College guidelines. Solicitors may use these guidelines to help work out the value of injuries and other types of harm which you may be claiming for in a compensation case. Please note that the first entry in the table below is an estimated figure that is not taken from the Judicial College guidelines.

Issue/Injury Compensation Description
Fatality Plus Add On Claims Up to £550,000 and over Compensation may be provided for the deceased person’s pain and suffering as well as any losses that affect dependents, such as loss of income.
Tetraplegia/Quadriplegia (Paralysis) £324,600 to £403,990 The final compensation figure will depend on factors such as the injured party’s awareness of their disability, how much pain they are in and their life expectancy.
Paraplegia (Paralysis) £219,070 to £284,260 The final compensation payout will be influenced by factors such as the injured party’s age and life expectancy, the degree of independence they have and how much of an impact the injury has had on their sexual function and mental state.
Brain/Head Injury £282,010 to £403,990 Under this compensation bracket, the injury will mean that the affected party will show little if any meaningful response to their surrounding environment. They will also require full-time nursing care.
Psychiatric Damage Generally – Severe £54,830 to £115,730 The affected party will seriously struggle with various aspects of everyday life including work and education. The prognosis will be very poor.
Death – Full Awareness £12,540 to £23,810 This bracket may apply to certain fatal injuries such as severe burns and lung damage followed by full awareness for a short period and then fluctuating levels of consciousness for between four and five weeks. Intrusive treatment may also have been given to the victim.

What Are Special Damages?

When a loved one has been injured in an incident in a care home, the amount to be claimed depends on the injury’s severity and any long term financial or physical effects that may have been incurred. Some of the damages which may be claimed include:

  • General damages – this includes any physical elements of the injury including psychological trauma, physical injuries and any permanent or long term health problems directly relating to the injury.
  • Special damages this encompasses all financial costs as a result of the care home accident. This includes any out of pocket expenses and future financial implications due to lost earnings. Even losses like cancelled holidays or missed events are included here.
  • Medical expenses – sometimes these will be included in special damages, and sometimes they are dealt with separately.
  • Travel expenses – usually these too are in the category of special damages, but may sometimes be claimed in their own right.
  • Care expenses – these cover all costs of a stay in a care facility or hospice or the cost of receiving care at home.
  • Funeral costs – should the injury have resulted in the death of the patient, it is possible to claim funeral expenses.

Make A No Win No Fee Fatal Accident Claim

We are a team of skilled and experienced solicitors with a strong track record of obtaining compensation for our clients for care home death claims. We always treat our clients not as a numbered case, but as individuals with their own particular circumstances.

Our care home death claim service will help you to secure as much compensation as you can while ensuring that nothing happens to jeopardise your chances of winning your claim.

Call for Free Advice and To Start a Claim

If your loved one has lost their life as the result of a care home negligence or neglect incident, you should make contact with us today so that we can offer you the guidance and advice you need to get started with your claim for compensation.

Call our team of care home claims solicitors on 0800 073 8804, complete our web form or use our convenient live chat facility and we will help you to determine all of your available options. In the majority of cases, we will be able to work on your behalf on a No Win No Fee basis so you won’t need to pay us any money upfront.

Helpful Links

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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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