Care home negligence claims can seem complex, and you might not know where to start. In this guide, we’ll explore some of the essential steps to take when making a claim, and how a solicitor could help you.
According to the Office for National Statistics (ONS), there were 278,946 people aged 65 or over living in care homes in England and Wales at the time of the last census. Care home negligence can have serious, long-lasting consequences, both physically and mentally.
One of the most common questions we receive regarding the claims process is, “How much compensation could I receive?” We’ll aim to answer this question by exploring what kinds of compensation you could receive for a care home negligence claim.
In some cases, you might be looking to claim on behalf of a loved one. We’ll explore how this can be done, and what kinds of evidence you’ll need to support a claim.
Contact Us
We understand that the claims process can seem stressful, but our advisors are here to help. When you get in touch, a member of our friendly team can answer any questions you might have, and could potentially connect you with a solicitor from our panel.
To learn more or get free advice from one of our team members:
- Call us on 0800 408 7825
- Use the live chat feature
- Contact us online
Browse Our Guide
- Who Could Make Care Home Negligence Compensation Claims?
- How Could Care Home Negligence Happen?
- What Evidence Can Help In Care Home Negligence Compensation Claims?
- How Much Compensation For A Care Home Negligence Claim?
- How Can A No Win No Fee Solicitor Help You Claim Compensation For Care Home Negligence?
- Read More About The Types Of Claims You Could Make Against A Care Home
Who Could Make Care Home Negligence Compensation Claims?
The key to forming the basis of a valid claim is establishing negligence. In tort law, negligence means showing that:
- A responsible party owed you a duty of care. In this instance, this would be the care home operator as they will owe all residents a duty of care to keep them reasonably safe.
- They breach this duty. This can happen in various ways, such as not providing a safe environment for residents to move around in.
- You are injured because of this breach. If you suffer an injury due to a breached duty of care you are then eligible to make a care home negligence claim.
Guidance from the Health and Safety Executive (HSE), the workplace regulator for Great Britain, about safety in care homes, states that both the Health and Safety at Work etc. Act 1974 (HASAWA) and the Management of Health and Safety at Work Regulations 1999 (MHSWR) are leading laws for the care home sector, specifically Section 3 of HASAWA.
This legislation states that employers have a legal responsibility to protect the health and safety of employees and those affected by the business as far as reasonably practicable. This includes care home residents.
Can You Claim On Someone Else’s Behalf?
If you’re looking to make a claim on behalf of a friend or family member, you can do so as a litigation friend.
Litigation friends work on behalf of those who do not have the mental capacity needed to make their own claims. You can apply for this position, or the courts could appoint you.
Our team of advisors are here to help. If you’d like to learn more about care home negligence compensation claims, contact our team today.
How Could Care Home Negligence Happen?
As we’ve mentioned above, you can only make a claim if a breach in the home’s duty of care caused an injury. So, how could negligence in a care home occur?
- The employer does not provide proper training to care home staff on how to safely transport residents from a bed to a wheelchair. This results in them dropping the resident, causing a serious hip injury and multiple bruises.
- Despite being aware of a broken handrail on a staircase, the home makes no effort to fix it. This causes a resident to fall down the stairs, resulting in a broken forearm and a broken wrist.
- After mopping a hallway, a member of staff fails to properly signpost that the floor is wet. This causes a resident to slip and suffer a severe head injury.
These are just a few examples of negligence in a care home. You could suffer many other injuries, such as bed sores or illness, from being provided with the wrong medication. Keep reading to learn more about care home negligence compensation claims, or contact our advisors today to get started.
What Evidence Can Help In Care Home Negligence Compensation Claims?
One of the most important steps in the care home negligence compensation claims process is proving your case. This is essential, because the responsibility falls on you to prove that negligence occurred. The right kinds of evidence should be able to demonstrate:
- Who is responsible for your injuries
- How your injuries occurred
- How severe they are
- Any financial losses you experienced as a result of your injuries
- How your injuries will affect your life going forward
Some examples of evidence that you could use to support your claim can include:
- Photographs of your injuries
- Medical records, or the results of an independent medical assessment
- CCTV footage that shows the accident happening
- Gather witness contact details so statements can be taken later on.
- Financial records such as bank statements or invoices showing the financial losses caused by the injuries
If you choose to work with a solicitor on your claim, they can help you gather further evidence. To find out if you could claim compensation with the care home claims solicitors on our panel, all you need to do is give our advisors a quick call.
How Long Will A Care Home Negligence Claim Take?
All care home negligence compensation claims are different. The time it takes to complete the process can depend on a number of factors, including:
- How severely you were injured
- The amount of evidence you have
- Whether or not your claim goes to court
- If the defendant accepts liability
Get in touch with our team today to learn more about care home and nursing home claims.
How Much Compensation For A Care Home Negligence Claim?
Since every claim is unique, we can’t provide an average or typical payout for care home negligence. However, we can discuss how compensation payout amounts are calculated and what kinds of compensation you could receive.
Usually, care home neglect compensation payouts can be made up of two heads. The first head is general damages, and compensation under this heading is awarded to every successful claimant. This is because it covers the physical injuries and mental injuries you’ve suffered, as well as how these injuries have affected your life.
Compensation under this heading is often calculated using the Judicial College Guidelines (JCG). The JCG provides guideline compensation brackets for a number of injuries and illnesses, with different amounts for different severities.
Below, you can see some examples of these guideline amounts. Please note that the first entry in this table isn’t provided by the JCG.
Guideline Compensation Brackets
| Injury | Bracket |
|---|---|
| Multiple Severe Injuries And Special Damages, e.g Care Costs | Up to £500,000+ |
| Very Severe Brain Damage (a) | £344,150 to £493,000 |
| Moderate Brain Damage (c) (i) | £183,190 to £267,340 |
| Severe Pelvic And Hip Injuries (a) (i) | £95,680 to £159,770 |
| Moderate Pelvic And Hip Injuries (b) (i) | £32,450 to £47,810 |
| Wrist Injuries (a) | £58,710 to £73,050 |
| Wrist Injuries (d) | £7,420 to £12,630 |
| Moderate Back Injuries (c) (i) | £33,880 to £47,320 |
| Moderate Knee Injuries (c) | £16,770 to £32,450 |
What Are Special Damages?
Special damages are the head of your claim that cover the financial losses caused by your injuries. For example, if your injuries mean you can no longer walk, special damages could cover the cost of mobility aids, such as motorised wheelchairs.
This heading can also help you cover the cost of:
- Moving to a new care home
- Prescriptions
- Counselling
- Travel to and from medical appointments
Contact our team today to learn more about claiming compensation for care home negligence. Or, read on to find out how a No Win No Fee solicitor could help you make a claim for the injuries suffered in a care home accident.
How Can A No Win No Fee Solicitor Help You Claim Compensation For Care Home Negligence?
Working with a solicitor can come with many benefits. For example, a solicitor can help you gather evidence, take witness statements, help you request CCTV footage, and they can also arrange for you to undergo an independent medical assessment.
Plus, solicitors need to undergo years of training and work experience before they are qualified. They can then use this experience to explain any areas of the claims process that you don’t understand and to help you decode legal jargon.
Our panel of solicitors work on a No Win No Fee basis. They do so by offering their clients a Conditional Fee Agreement (CFA).
Under this kind of agreement, you can access their many services without paying an upfront fee. You also don’t need to pay for their services if the claim fails. If it’s a success, a small amount of your compensation will be directed to your solicitor as their success fee.
Contact Us
Our team of advisors are here to help. To find out if a solicitor from our panel could help you, contact our team today:
- Call us on 0800 408 7825
- Use the live chat feature
- Contact us online
Read More About The Types Of Claims You Could Make Against A Care Home
To learn more about the kinds of claims you could make against a care home:
- Find out how to make a serious head injury claim
- Learn about the average payout for a slip and fall in the UK
- Get help on claiming for a fall down the stairs
Or, for more resources:
- Make a complaint through the Care Quality Commission
- Learn when to call 999 from the NHS
- Find out how to request CCTV footage from Gov.UK
Thank you for reading our guide on care home negligence compensation claims.