How To Sue For Care Home Neglect and Claim Compensation

We expect care homes to ensure their residents remain safe and treat them with respect and compassion. Not only do they have an obligation to do so, but this is something we entrust. Therefore, after learning that such expectations are not met, resulting in you or your loved ones suffering, you may wonder how to sue for care home negligence. Well, this may be possible with the support of our panel of solicitors.

Key Takeaways

  • Care homes and staff within them are required to follow a duty of care to ensure residents are healthy, safe and well cared for.
  • Care home negligence claims are brought forward if this is not followed, to provide justice and compensation to those who have suffered.
  • If your loved one was harmed or passed away due to care home negligence, you may start a claim on their behalf. 
  • Such claims must be made within 3 years and be supported with evidence to establish how harm was caused by negligent conduct. 
  • Our excellent panel of solicitors here at How To Sue may help you claim on a No Win No Fee basis.

If you would like to start a care home negligence claim today, contact our advisory team by:

Elderly residents of a care home.

Jump to A Section 

  1. How To Sue For Care Home Negligence Compensation
  2. What Compensation Can Be Awarded For Suing A Care Home?
  3. What Are Some Examples Of Care Home Negligence?
  4. Will We Have To Raise A Complaint Before Suing The Care Home?
  5. What Is The Care Home Negligence Claim Time Limit?
  6. What Is Needed To Prove Care Home Negligence?
  7. Suing A Care Home With A No Win No Fee Solicitor
  8. Learn More

How To Sue For Care Home Negligence Compensation

If you are asking, ‘How to sue for care home negligence?’ here is a breakdown of the eligibility requirements. 

To claim compensation for harm caused by negligent care within a care home, the following eligibility criteria must be met:

  • The resident was owed a duty of care by the care home 
  • The care home was in breach of this duty 
  • This resulted in the residents’ harm or illness 

Section 3 of the Health and Safety at Work etc. Act 1974 (HASAWA) set out guidance to those who deal with resident or public safety, stating they have a duty of care to take reasonable steps to ensure the safety of residents or members of the public visiting the premises.

Additionally, Regulation 12 of the Health and Social Care Act 2008 ( Regulated Activities) Regulations 2014 requires care providers to prevent unsafe care and avoid harm. Some of these duties include:

  • Assessing and managing any risks to health and safety for those receiving care or treatment,
  • Ensuring all persons providing treatment or care have the qualifications, skills, competence and experience to do so safely.
  • Ensuring the premises are safe to use for its intended purpose.

A duty of care is an obligation care homes have to ensure their residents remain safe. If they fail to do so through negligent acts or omissions, this may breach this duty. If such conduct resulted in you or your loved ones suffering, you may claim compensation for this. 

Can I Claim On Behalf Of An Elderly Relative?

If your loved one is a care home resident and they suffered an injury or illness due to care home negligence, you may start a claim on their behalf if they are unable to do so themselves. Those unable to make their own claims include:

  • Those lacking the mental capacity to do so.
  • Those under the age of 18.

Under such circumstances, you would act as a litigation friend and may have the following duties:

  • Make legal decisions for your loved one
  • Sign legal documents on behalf of your loved one 
  • Obtain evidence to establish third-party liability 
  • Keep your loved one updated with the progress of the claim 
  • Consult with the solicitor appointed to the claim 

Anyone aged 18 and over may act as a litigation friend as long as they act in the best interests of the claimant.

How To Sue For Fatal Care Home Negligence

If your loved one unfortunately passed away as a result of care home negligence, you may be able to make a claim for their passing, provided the case meets the eligibility requirements set out above.

For the first 6 months following their death, the Law Reform (Miscellaneous Provisions) Act 1934 allows the deceased’s estate to submit a claim. This is for the injuries, illness and financial losses that occurred due to the care home’s negligence prior to their death. They are also able to make a claim on behalf of certain relatives of the deceased, known as dependents.

If no claim is brought forward on their behalf within the first 6 months, the deceased’s dependents may claim compensation for the impact their loved one’s passing had on them under the Fatal Accidents Act 1976. Those who may be eligible to claim include:

  • The deceased’s husband, wife or civil partner
  • The deceased’s parent or step-parent 
  • The deceased’s children or stepchildren 
  • The deceased’s siblings, auntie or uncle 
  • Anyone who lived with the deceased for 2 years prior to their death as spouses

To start a care home negligence claim today, please reach out to our friendly advisors. 

What Compensation Can Be Awarded For Suing A Care Home?

The amount of compensation that can be awarded for successful care home negligence claims varies from case to case. This is because each award is calculated based on the extent of the person’s suffering and whether this had a financial impact on them.  

Compensation for any harm caused by care home negligence is calculated under the head of claim general damages. This takes into account physical injuries, illnesses, and psychological suffering. 

A solicitor can calculate an appropriate compensation figure by reviewing a report of the person’s suffering from an independent medical assessor, alongside compensation guidelines from the Judicial College (JCG). 

The table below provides examples from this, except for the top figure. This allows you to see how much compensation may be awarded for harm caused by care home negligence. However, please note that the figures you see are not guaranteed.  

Injury and IllnessCompensation
Multiple Severe Injuries with Special Damages for care costs and medical expenses, etc.Up to £1,000,000+
Very Severe Brain Damage£344,150 to £493,000
Severe Back Injuries (i)£111,150 to £196,450
Severe Pelvis And Hip Injuries (ii)£75,550 to £95,680
Severe Leg Injuries (iii) Serious£47,840 to £66,920
Non-Traumatic Injuries To The Digestive System (i)£46,900 to £64,070
Severe Shoulder Injuries£23,430 to £58,610
Less Severe Arm Injury£23,430 to £47,810
Moderate Ankle Injuries£16,770 to £32,450
Wrist Injuries (c) £15,370 to £29,900

What Else Can Care Home Negligence Compensation Cover?

Care home negligence compensation may also cover any financial losses you or your loved one has incurred as a result of the harm they have suffered. This is calculated under the head of claim special damages. 

Some examples of financial losses that your compensation may cover include:

  • Private medical costs if they require treatment or prescriptions 
  • Costs to mental health services, such as counselling 
  • Any payments for relocating to a new care home
  • Costs made for supportive equipment, such as walking aids
  • Lost wages if you took time off to care for your loved one 

You should keep any documents of your financial losses, such as bills or receipts, to support a claim for special damages. 

For more examples of compensation payouts for harm caused by care home negligence, please ask our advisors.

A health care worker helping an elderly woman who is a care home resident get out of a wheelchair and into her bed.

What Are Some Examples Of Care Home Negligence?

There are various ways care home negligence may occur. Some examples that could potentially lead to a claim include:

  • Care home staff don’t put up the railings on the bed of a patient who was risk-assessed as needing them up. This caused the patient to fall out of the bed and suffer a back injury.
  • Failing to fulfil caring responsibilities. For example, a carer may be required to turn a resident to prevent bed sores. However, if they fail to do so and the resident sustains such injuries resulting in sepsis, they may be entitled to compensation. 
  • Failing to manage potential risks. For example, there may have been a spillage in the corridor of the care home, which a care home cleaner failed to clean. If a resident slipped on this, resulting in a leg injury, they may start a claim.  
  • Failure to ensure equipment is safe. For example, a health and safety inspection may not be completed on the care home’s equipment, meaning carers were unaware that the hoist was faulty. If a resident fell off it after being lifted and sustained a back injury, this may give rise to a claim.    

Regardless of the type of negligent conduct that resulted in the care home harm, you may be eligible to claim compensation on behalf of yourself or a loved one if the eligibility criteria is met. 

If you have any questions about how to sue for care home negligence, please contact our advisors. 

Will We Have To Raise A Complaint Before Suing The Care Home?

All care facilities must have a complaints procedure set in place and impose efficient measures to resolve them. Although you are not required to raise a complaint before suing a care home, it may support your claim and prevent further harm. You may issue a complaint to:

For more information about care home negligence complaints, do not hesitate to contact our advisors. 

A woman sitting in a wheelchair in the care home she is a resident of

What Is The Care Home Negligence Claim Time Limit?

There is a 3-year time limit to starting a care home negligence claim, which was set in place under the Limitation Act 1980. Depending on the circumstances of your claim, the time limit will commence on either:

  • The date the harm was suffered or;
  • The date you received knowledge that negligent conduct caused the harm

Therefore, you may benefit from keeping a record of any important dates to ensure you do not pass the limitation period. 

If your loved one does not have the mental capacity to start a claim, the time limit is indefinitely paused, and will only start if they regain this mental capacity and run from this date. Additionally, if the claimant is a child, the time limit will commence on the day of their 18th birthday and end on their 21st birthday. Such exceptions ensure everyone has the opportunity to claim care home negligence compensation.

If you have any questions about the time limit for starting a care home negligence claim, get in touch with our advisors.

What Is Needed To Prove Care Home Negligence?

Evidence is required to prove care home negligence. This is a bundle of information that illustrates how a duty of care was breached in a care home, resulting in harm to you or your loved one. Examples of evidence that may support a care home negligence claim include:

  • Medical reports stating the injury or illness suffered
  • Copies of medical scans, test results and prescriptions 
  • Documents showing the care home residency 
  • Copies of care home contracts regarding their standard of care 
  • Photographs of injuries or the accident scene 
  • A copy of the incident in the accident report book 
  • Copies of care home health and safety reports 
  • Copies of complaints made regarding the negligent conduct 
  • CCTV footage of the care home incident, if available 
  • The contact details of anyone who witnessed the negligent conduct 

The more evidence you collect, the greater chance our panel of solicitors has at establishing third-party liability. If you need help obtaining it, they may be able to assist you. 

For more examples of the types of evidence that may support a care home negligence claim, please contact our advisors.

A solicitor reading documents that explain how to sue for care home negligence

Suing A Care Home With A No Win No Fee Solicitor

At How To Sue, we understand that you may have some financial concerns about seeking legal representation for a care home negligence claim. Therefore, our panel of solicitors offer their services on a No Win No Fee basis so that you do not have to pay your solicitor any upfront costs; specifically under the terms of a Conditional Fee Agreement. 

This means you won’t pay your solicitor for their services prior to the claim starting, as it continues or if it ends unsuccessfully.

Your solicitor will take a success fee from your compensation if your claim is successful, but this is a small and legally capped percentage of it. 

For the best chance of successfully settling your claim, it is worth seeking legal help from our experienced panel of solicitors. They can support you or your loved one throughout the claims process by:

  • Explaining the care home negligence claims process
  • Utilising their specialist legal skills and experience 
  • Helping you obtain evidence to support your claim
  • Gaining you or your loved one access to medical treatments 
  • Helping you apply for interim payments to cover medical costs
  • Trying to help you gain the highest possible amount of compensation
  • Negotiating settlements with third parties on your behalf

Our panel of solicitors will utilise their legal skills and experience to try to help you successfully settle your care home negligence claim, supporting you every step of the way.

Contact How To Sue

If you have any questions about how to sue for care home negligence or would like to start a claim today, get in touch with our advisors by:

Learn More

If you would like to learn more about claiming compensation for care home negligence, please read the following guides:

References

Thank you for reading this guide, which explains how to sue for care home negligence. We hope this was helpful.