This guide addresses how to sue a nursing home. Under public health and safety laws, any building open to public use should be kept safe. This means that anyone in control of the space has a duty of care towards those who use it. If you were injured in a nursing home because of a breach of this duty, you might be eligible to claim.
This guide will explain how personal injury claims work, when you might be eligible to claim and how much compensation you could receive. It will also advise you on how to gather evidence to strengthen your claim and explain how a No Win No Fee agreement might be of use to you.
If you want to speak to someone about making a claim, our advisers are available and offer free initial consultations. They can be reached using:
- The number at the top of the page
- Our contact page
- The live chat feature
Choose A Section
- How To Sue A Nursing Home For Personal Injury
- How To Sue A Nursing Home For Slips Or Trips
- Examples Of Accidents In A Nursing Home
- How Much Compensation Could I Get In A Claim Against A Nursing Home?
- Should I Get A No Win No Fee Solicitor?
- Learn More About How To Sue A Nursing Home
Those in control of spaces that are accessible to the public have a responsibility toward those who use the space for the intended purpose. This responsibility is known as a duty of care and is established in the Occupiers’ Liability Act 1957. The person who owes the duty of care is referred to as the “occupier”, although they do not need to occupy the space in order to owe this duty of care.
If the party in control of a nursing home has breached their duty of care towards you, then you might be able to claim compensation. However, there are other considerations that you will need to bear in mind when looking at how to sue a nursing home.
For example, you will need to make sure that you are starting your claim within the appropriate timeframe. In most cases, this is three years from the date the incident occurred. However, exceptions can apply; get in touch with our team today for more information.
There is a wide range of accident types that you can sustain in a public place. Slips and trips are the most commonly reported kind of accident to members of the public according to the Health and Safety Executive.
In a nursing home, a slip or trip can happen because of:
- A lack of signage: Signs could inform people of the presence of a slipping hazard and signal to them to either walk more carefully or look out for the hazard. For example, a wet floor sign could indicate a surface has just been mopped.
- Poor housekeeping: Items left on the floor like wires or trolleys placed in areas people will be walking through can be tripping hazards and lead to injuries such as a broken forearm or cheekbone
- A lack of maintenance: A rundown property that has not been properly maintained can contain hazards like broken steps or loose handrails which can lead to people sustaining a break or fracture amongst other injuries
- Poor lighting: A lack of lighting can be dangerous. Poor lighting over stairways or in areas people will be walking in could lead to tripping accidents.
Nursing homes should actively take action to prevent slips and trips from happening. If you suffered an injury from a slip or trip and it was caused by negligence, contact our advisers now for information on how to sue a nursing home.
Slips, trips and falls are not the only kind of accidents you could experience in a nursing home. Other hazards that could cause accidents which have the potential to cause injury include:
- Exposure to harmful substances: If unsuitable cleaning products are used in an unventilated area, then someone could breathe them in and this could cause injury or illness.
- Equipment failure: People in charge of public areas are required to perform regular maintenance on the buildings when necessary. If for example, an electrical fire were to occur because of poor maintenance, the occupier might be held liable for any injuries suffered as a result.
- Unsafe food standards: According to the Food Safety Act 1990, anywhere that serves food (including a nursing home) should ensure that the food is safe. If they breach the duty of care that they owe you and you get food poisoning, then you could claim compensation.
Reach out to one of our advisers for information on how to sue a nursing home.
Evidence for your claim
Evidence of the circumstances of the accident and of your injury can help strengthen your claim. This can come in the form of:
- Witnesses. If someone witnessed the accident, collect their contact details as they might be able to provide a statement in support of your claim
- CCTV footage. Nursing homes may have CCTV systems in place. If your accident was caught on camera, you can request the CCTV footage to use as evidence
- Emails. If you had previously made a complaint about a hazard, emails or similar documents can act as proof that the hazard that injured you was brought to the nursing home’s attention and not adequately dealt with
- Pictures. You can take photos of your injuries and the hazards that caused them to use as evidence.
- Medical records. Your medical records from appointments can support your claim. You might also be asked to attend a medical assessment as part of the process of claiming.
A personal injury solicitor can offer you information on how to sue a nursing home and the evidence that could be useful. Reach out to one of our advisers now to discuss your claim; if you have a valid case, you could be connected with a No Win No Fee solicitor from our panel.
The amount you might be awarded in compensation will be influenced by both the extent and impact of the injury and the financial effect it has had on you.
General damages is the amount of compensation awarded for the pain and suffering the injury has caused. The Judicial College Guidelines (JCG) is a publication that contains guideline brackets for a wide range of different injuries. The JCG uses compensation awarded in previous court settlements to create these brackets.
We’ve included a table illustrating some figures from the JCG below:
Injury Notes Award
Chest Injuries: (b) A traumatic injury that causes permanent damage and impairs function £65,740 to £100,670
Chest Injuries: (f) A collapsed lung with a full recovery £2,190 to £5,320
Moderate Neck Injuries: (ii) Soft tissue injury resulting in limited movement £13,740 to
Minor Neck Injury: (ii) Full recovery within three months to a year £2,450 to
Severe Back Injury: (iii) Disc fractures leading to permanent pain and disability £38,780 to £69,730
Moderate Back Injury: (ii) Ligament or muscle injury leading to muscle ache £12,510 to £27,760
Severe Leg Injury: (iv) Fracture or crushing injuries to a single limb £27,760 to £39,200
Less Serious Leg Injuries: (i) Fractures with an incomplete recovery, or soft tissue damage that is serious £17,960 to £27,760
Severe Ankle Injury A permanent injury affecting the ability to walk £31,310 to £50,060
Moderate Ankle Injury Ligament tears or fractures leading to difficulty walking £13,740 to £26,590
Special damages are the amount of compensation that you can be awarded for any financial losses you have suffered as a result of the injury. This could include:
- A loss of income from being unable to work
- Costs you’ve spent towards receiving treatment
- Adaptations you have had to make to your house or car to cope with the injury
You should maintain records of the costs and losses you are suffering to potentially use as evidence in your claim. For example, you can use receipts to show the amount that you have spent on certain costs or payslips as proof of lost income.
You can reach out to our advisers for more information about the potential compensation you could receive. They can also give you free legal advice on how to sue a nursing home.
A No Win No Fee agreement can be beneficial when funding legal representation for your claim. It allows you to work with a lawyer who has experience in handling these kinds of claims, but without any upfront costs.
Unlike a traditional solicitor, if your claim was not successful you would not have to pay them for their services. They would not charge you a fee to start working on your claim or anything as your claim progresses.
Payment to a No Win No Fee solicitor is only made on the condition that your claim is successful and you are awarded compensation. Their payment would be a previously agreed to (and legally capped) percentage of the compensation.
If you would like to use a No Win No Fee solicitor to make your claim, reach out to one of our advisers. They can assess your case and potentially put you through to a lawyer from our panel.
Speak To Us About How To Sue A Nursing Home
Our advisers are available for a free initial consultation if you want any more information about how to sue a nursing home. They can give you more advice on the amount you could receive, how to determine liability and the process of making a claim. You can reach them now, using:
- The number at the top of the page
- Our contact page
- The live chat feature
For other additional information you might need:
- Complaints about a nursing home can be made to your official Local Government & Social Care Ombudsman
- You can also report health & safety concerns to the HSE if the nursing home is your employer.
- For your injuries, you can also request a referral to a specialist under the NHS.
Thank you for reading our guide on how to sue a nursing home. We also offer guides on other topics such as:
For any more questions, you might have, please reach out to our advisers.
Article by Cha
Edited by Sto