Claim For Neglect In A Care Home Resulting In Death – A Guide

This guide looks at claiming compensation after neglect in a care home resulting in death. It can be painful enough to know that you cannot care for a loved one as they age. When we entrust our relatives to either an NHS or private residential care home, we expect them to be cared for by well-trained and compassionate staff. If they fail and this results in a family member dying, there are actions you can take to seek compensation in fatal accident claims.

We detail who could have eligible grounds to claim compensation after the wrongful death of a loved one in a care home caused by neglect. We provide some example scenarios of how a breach in the duty of care owed to residents can cause injury and death. You would need proof of this to move forward with a claim, so we detail the evidence that can help.

Compensation is discussed in detail and we look at what it can cover, as well as how it is calculated. There are time limits that also apply to starting claims like this and we explain that below. To conclude, we explore the ways that a No Win No Fee solicitor could handle the claim on your behalf. Giving you the time and space to recover from your loss.

Please read on to learn more or reach out for a free and no-obligation assessment of your claim for neglect of a relative. To chat with our friendly advisors now, you can:

• Call us on 0800 073 8804 to discuss.
• Fill out one of our contact forms online.
• Chat to us through the live feature on this page.

Browse Our Guide

1. Can I Claim For Neglect In A Care Home Resulting In Death?
2. Who Can Make A Wrongful Death Claim?
3. How Can Neglect In A Care Home Result In Death?
4. How Can I Prove Care Home Negligence?
5. What Compensation Can I Receive For A Neglect In A Care Home Resulting In Death?
6. How Long Do I Have To Make A Fatal Care Home Negligence Claim?
7. Use A No Win No Fee Solicitor To Claim For Neglect In A Care Home Resulting In Death
8. More Resources About How To Claim Compensation

Can I Claim For Neglect In A Care Home Resulting In Death?

If a loved one died while living in a care or nursing home, you could be eligible to seek compensation if you can establish negligence on their part. In tort law, negligence is defined in the following ways:

• A duty of care was owed to the resident by the responsible party (the care home).
• The care home breached this duty of care in some way.
• The resident suffered harm, injury or death as a consequence. 

Residents in care homes are automatically owed this duty of care by the nurses and care assistants. Part of their duty is to provide a minimum standard of care. If the care falls below this standard and someone suffers unnecessary or fatal harm, the care home can be liable to compensate the family.

Legislation called the Health and Safety at Work etc Act 1974 (HASAWA) and the Management of Health and Safety at Work Regulations 1999 (MHSWR) detail how care homes are legally responsible for the safety and health of staff and those affected by the activities of the business (as much as is reasonably practicable). Therefore, this includes care home residents.

If you would like more information on how to claim for neglect in a care home resulting in death please reach out to one of our advisors.

Who Can Make A Wrongful Death Claim?

For the first six months after the death of a loved one, the Law Reform (Miscellaneous Provisions) Act 1934 allows only the deceased’s estate to submit a claim on the deceased’s behalf. This is for the pain and suffering and financial losses (general and special damages) they experienced before death. They can also make a claim for dependants in the first six months.

Should no claim be brought by the estate in the first six months, the relatives of the deceased can bring forward a claim themselves for the impact the loss has had on their lives. This is detailed in the Fatal Accidents Act 1976. A claim can be made by certain qualifying dependants. This includes:

• The wife, husband or civil partner of the deceased, either current or former.
• Any person who lived with the deceased for 2 years before death as their partner.
• A parent or step-parent of the deceased, or anyone treated as such.
• A child or other descendant of the deceased, or a child treated as such by them (stepchildren from previous marriages/civil partnerships for example).
• The sister, brother, aunt or uncle of the deceased.

Dependants cannot make a claim on behalf of the deceased’s pain and suffering, only the estate.

You can take this opportunity to see if you qualify as a relative to bring a claim. Connect with our advisors to discuss wrongful death claims in detail by calling, emailing, or asking live support a question below.

How Can Neglect In A Care Home Result In Death?

Regrettably, without proper care standards in place, there are numerous ways that care home negligence could cause death to a resident. Here are some examples of what might give rise to a wrongful death case:

• Poorly trained care assistants drop an elderly and frail patient causing them serious spine injuries or broken hip from which they do not recover.
• A care worker may be guilty of elder abuse and leave a resident unattended in an emergency. The resident dies as a result.
• Hygiene standards in the care home are poor and a resident contracts a virus or bacterial infection that results in a fatality.
• Staff failed to detect an allergic reaction to a drug and the resident suffered a fatality.

How Can I Prove Care Home Negligence?

In order to fully prove care home negligence resulted in the death of your relative, you need to assemble evidence. This evidence needs to show that neglect prompted their wrongful death, so the following can be useful:

• A detailed record of the circumstances surrounding the death in a care home, including a timeline of events.
• Photographs from the care home showing any risks or hazards which contributed to or caused the fatality.
• The names of the nurses and care workers involved.
• A medical opinion of the injuries and cause of death. A copy of the Coroner’s Report and if necessary, the findings of an Inquest. Please note that whilst an Inquest can detail important factors about the death it will not apportion blame.
• Copies of any CCTV footage in the care home showing medical negligence or mistreatment.

What Compensation Can I Receive For Neglect In A Care Home Resulting In Death?

As stated, the estate can claim for the deceased’s general and special damage amounts. There is no hard and fast rule to compensation amounts in fatal injury claims. However, in successful care home negligence cases, amounts similar to those detailed in the table below may apply.

This excerpt comes from a publication called the Judicial College Guidelines (JCG) which legal personnel often refer to when calculating compensation. Please note, the first entry does not come from the JCG :

Compensation Guidelines:

Are Funeral Expenses Covered In A Successful Compensation Claim?

In addition to general damages and special damages, it can be possible to claim for funeral expenses, such as a headstone, flowers and a wake. Other amounts that dependants may qualify are for:

• Loss of Services – This relates to how the deceased helped around the house with DIY projects and childcare arrangements. Amounts such as these need to be quantified by a solicitor.
• Dependency – This refers to a loss of the deceased’s future earnings that impact the family income.
• Loss of Consortium – Refers to the role the deceased played as a significant and special person to the family as a whole. This award includes things that cannot be quantified elsewhere in the claim.
• Bereavement Award – The FAA also allows certain qualifying relatives to seek a lump sum of £15,120. If awarded, the amount is divided between all the people who claimed and can include a husband, wife or civil partner or someone who lived as a partner with the person for 2 years before they passed away. Also, the parents of an unmarried minor may apply, as might the mother of the deceased if the person was born out of wedlock.

How Long Do I Have To Make A Fatal Care Home Negligence Claim?

There are time limits in which to claim compensation for a care home death. As detailed in the Limitation Act 1980, this is generally 3 years starting from the date of the death or 3 years from the date of an Inquest or post-mortem (known as the date of knowledge).

Use A No Win No Fee Solicitor To Claim For Neglect In A Care Home Resulting In Death

In the midst of grief, it may seem too complex to start a claim for neglect in a care home that resulted in death. So, rather than face it alone, it can be helpful to access the support and wisdom of a skilled No Win No Fee solicitor to handle your wrongful death claim against a care home.

With decades of hands-on experience collecting evidence, calculating compensation and responding to court requests, our solicitors can accept eligible claims and guide you through the entire process from start to finish.

They can offer their services through a Conditional Fee Agreement (CFA). This type of No Win No Fee contract has numerous benefits for the family members making the claim. For example:

• No immediate solicitors fees.
• No solicitor’s fees for ongoing services.
• No solicitors fees owed at all if the claim is unsuccessful.
• Only a minimal percentage deduction from the compensation for successful claims applies. This success fee is paid to the solicitors but is subject to a cap to ensure you benefit the most.

Why not access free advice on the strength of your wrongful death claim? Connect with our advisors to see if you might benefit from excellent legal representation and find out how much compensation you could be owed. Simply:

• Connect in person on 0800 073 8804 to see how care home negligence solicitors could help you.
• Complete the contact us form online.
• Chat to us through the live feature on this page.

More Resources About How To Claim Compensation

This guide focused on a care home negligence claim after a loved one died. These other articles offer additional reading:

• This guide looks at claims for bed and pressure sores caused by medical negligence.
• Here we look at how to sue a hospital for negligence.
• Also, we look a claims for negligent diabetes treatment in this guide.

External resources:

• Information on recent trends of deaths in care homes from GOV.UK
• Read about health and safety in care homes from the Health and Safety Executive (HSE).
• Learn about a bereavement award in this government award.

In conclusion, we appreciate your interest in our guide. We hope it has shed light on the question ‘Can I claim for neglect in a care home resulting in death?’ For more free legal advice on care home fatal injury claims and how personal injury solicitors could help, get in touch.