A Guide To Care Home Negligence Claims

By Jade Morrisey. Last Updated 20th August 2024. Have you or a loved one suffered harm that could have been prevented due to negligent actions in a care home? If so, you may be wondering if compensation could be awarded for the harm that has been experienced.

In this care home claims guide, we define what care home negligence is and when you are eligible to claim compensation. We also discuss what time limit there is to begin legal proceedings. 

Furthermore, we look at what injuries could possibly be suffered from care home neglect and what types of evidence could support your claim best. We also look at how care home negligence compensation is calculated.

This guide concludes by discussing how one of our care home negligence solicitors could potentially help you on a No Win No Fee basis.

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 claims by:

• Calling 0800 073 8804
• Starting your claim online
• Or chat with us now using our live chat feature on this page

Select a Section:

1. Can I Make A Care Home Negligence Claim?
2. What Injuries Could You Make A Care Home Negligence Claim For?
3. How Can I Prove Care Home Negligence?
4. Can I Claim For Wrongful Death Due To Negligence And Neglect In A Care Home?
5. How Much Compensation For Care Home Negligence Claims?
6. What Else Can A Compensation Payout Include?
7. Work With Our Care Home Negligence Solicitors

Can I Make A Care Home Negligence Claim?

If you or a loved one suffered care home negligence, certain criteria must be met in order to have a valid claim. You must be able to prove that:

• You were owed a duty of care.
• This duty was breached.
• You were harmed as a result of this breach.

Care assistants and nurses, must provide their patients with a minimum standard of care. This is their duty of care. If you, or your loved one, suffered unnecessary harm because they failed to adhere to this duty, you might be eligible to seek compensation or seek it on behalf of a loved one.

However, not all harm suffered in a care home is eligible for compensation. For instance, you might not be able to claim if you have failed to communicate symptoms to the nurse and you experience delayed treatment as a result.

Call our advisors to discuss neglect in care homes and assess whether you have a valid claim.

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

The care home claims time limit is outlined in the Limitation Act 1980. Typically, the limitation period begins from the date that:

• The negligence happened; or
• When you established that the care home had acted negligently.

There are exceptions to the time limit in care home abuse cases if the claimant is a minor. They would have three years from their 18th birthday to take action, unless a litigation friend claimed on their behalf before this point; the time limit for the litigation friend to claim is suspended.

Another exception to the time limit applies to someone who has faced neglect in care homes but lacks the mental capacity to make their own claim. In this circumstance, the limitation period is suspended indefinitely unless they regain the required mental capacity. However, a litigation friend may claim on their behalf while the time limit is suspended.

Please don’t hesitate to contact us if you have any questions about the medical negligence claim time limit. Our advisors will be happy to help and it won’t cost you a penny to access their 24/7 legal advice.

What Injuries Could You Make A Care Home Negligence Claim For? 

Some examples of injuries that you could sustain as a result of negligence in a care home include:

• Broken bones and fractures from slips, trips, and falls
• Head injuries and brain damage
• Pressure sores
• Harm caused by prescription errors, for example, an allergic reaction
• Sprains and soft tissue damage
• Cuts, lacerations, and bruises

As we’ve already mentioned, being injured isn’t enough to make a care home negligence claim. You need to be able to prove that your injuries were caused by someone else breaching their duty of care towards you.

For example, if you fell and broke your hip bone because a member of staff failed to put out a wet floor sign after mopping in a hallway, you may be able to make a claim.

Or, if a staff member used improper handling techniques and dropped you while helping you out of bed, causing you to break your wrist, you may be able to make a claim.

Contact our team to find out if you could be entitled to compensation, or keep reading for more information.

How Can I Prove Care Home Negligence?

As mentioned above, gathering evidence is a key part of the claims process. If you are unable to establish care home negligence, you won’t be able to seek compensation. However, there are a number of helpful pieces of evidence you could acquire to assist you in this step.

Here is a short list of examples:

• Witness contact details – There may be other care home residents or visiting family members who saw your relative suffering from care home neglect. If so, a solicitor may be able to take an official statement from them.
• Photographs – If a loved one has suffered physical injuries due to negligence, then it can be helpful to have visual evidence. This way, you can present the pictures even when the injuries have healed.
• Medical records – Some injuries may require treatment as advised by a medical professional. If so, important details regarding this treatment and the injuries themselves will be recorded in an official capacity.

If you’d like more information on what evidence you can gather to prove neglect of duty on behalf of care home staff, reach out to our advisors today.

Can I Claim For Wrongful Death Due To Negligence And Neglect In A Care Home?

Suppose a person has been a victim of wrongful death due to negligence and neglect while 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 compensation claim.

A claim for wrongful death in a care home is subtly different from a typical care home claim for 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.

How Much Compensation For Care Home Negligence Claims?

Payouts for successful care home negligence claims may include general and special damages. We’ll look at special damages shortly. In this section, we look at general damages for care home claims.

Following successful personal injury claims for neglect in care homes, general damages compensate someone for the pain and suffering they have endured due to their injury.

Many legal professionals will use the Judicial College Guidelines (JCG) to help them value general damages. This document lists compensation guidelines for various injuries of differing severities. Our table below contains figures from the latest edition of the JCG, published in April 2024.

However, please only refer to this table as a guide.

Call our advisors to discuss compensation for care home abuse cases or to receive free advice for your particular claim.

What Else Can A Compensation Payout Include?

Neglect in care homes cannot only result in pain or suffering, but can also lead to you or your loved one experiencing financial harm. Special damages cover any out-of-pocket expenses or financial losses incurred as a result of negligence.

An example could be medical costs. If you suffer a psychological injury as a result of care home negligence, such as anxiety, you may need to pay for prescription medication to help manage the symptoms. Make sure you do not lose your prescription receipts, as these will be required to prove this expense.

Additionally, your earning capacity could be affected if you are taking time from work to help your loved one after they experienced unnecessary harm from a negligent care home. If you do suffer a loss of earnings, a wage slip could be used as evidence of this loss. 

Special damages could also be awarded to cover funeral expenses if your loved one passed away as a result of care home negligence. An invoice from a funeral director may be used to highlight how much the service cost you. 

If you have further questions regarding care home claims, please don’t hesitate to contact our advisors using the 24/7 live chat widget on your screen. This service is free of charge.

Work With Our Care Home Negligence Solicitors

If you were owed a duty of care in a care home and you suffered due to a breach in this, you might be eligible for compensation. A No Win No Fee solicitor specialising in care home abuse cases could support your claim. They could provide their legal services for your care home neglect claim under a Conditional Fee Agreement (CFA).

When you pursue compensation with the support of a No Win No Fee solicitor, they usually won’t charge you upfront or expect you to pay ongoing costs. Should your care home neglect claim prove successful, a legally capped success fee will be taken from your settlement. If your care home neglect claim is not successful, you would usually not be expected to cover the costs of your solicitor’s work.

Our advisors can answer any questions you may have about compensation for neglect in care homes. If your care home negligence claim seems eligible, you could be connected with our care home negligence solicitors. To get in touch:

• Call 0800 073 8804.
• Use the live chat feature.
• Alternatively, start your claim online

Thank you for reading our guide on care home claims.