Care Home Injury Claims for Compensation

Care homes are supposed to be a safe and comfortable place for the elderly to live whilst receiving a high level of care. Unfortunately, this is not always the case, and over the past few years, negligent care and cases of elderly abuse have been uncovered in some England and Wales care homes.

Accidents in care homes are common, and sometimes there is no one to blame for them. However, care home injury claims can be made if a resident in a care home is injured due to the negligence of care home staff.

If you or a loved one has suffered an injury in a care home, which wasn’t their fault, they may be entitled to make a compensation claim. The compensation received in care home injury claims can be used to help the victim of care home neglect to move on from the suffering to which they have been subjected.

Common Types of Care Home Accidents and Incidents

There are many different types of accidents which could happen in a care home for a variety of reasons. Some of the most common types of care home injury claims which we have dealt with are shown below:

• Slips, trips and falls in a care home – Falls in a care home are common; however, some may have been avoided if correct procedures and processes were in place to reduce the risk of slips, trips, and falls in a home. Falls may occur due to a defect, poor housekeeping, lack of handrails, or inadequate numbers of staff to assist residents in the home.
• Clinical Negligence in care homes – This can include giving incorrect medication to residents leading to serious medical conditions.
• Injuries caused during lifting procedures – Inadequate training or the lack of appropriate lifting equipment can lead to injuries to both residents and staff in a care home.
• Neglect in care homes – There have been many negligence cases in care homes which have led to starvation, pressure sores, and residents sustaining infections due to a lack of hygiene and care.
• Assault of a resident by a member of staff 
• Assault of a member of staff by a resident – In these cases, the employee may be able to make an accident at work claim against their employer.

Care Home Injury Claims: Causes of Accidents in Care Homes

Managers and owners of care homes have a duty of care to take reasonable steps to ensure that all residents and staff within the care home are safe. The management should ensure that they follow all relevant health and safety legislation and regulations to ensure the safety of residents and employees. If the management fails in this duty, residents and staff will have grounds to make a care home negligence claim.

The most common breaches of duty which may lead to successful care home injury claims may include:

• Inadequately trained staff
• The lack of equipment required to assist residents in the care home
• Poorly maintained equipment
• Poor housekeeping
• Inadequate risk assessments
• Poor monitoring of staff
• Low numbers of staff on duty at one time

Care Home Injury Claims: I Have Been Injured as a Resident in a Care Home

Following an accident or injury in a care home, there are a number of steps which you take.

• You should report the accident to a member of staff as soon as possible, providing all the details of the accident. You should ensure that the details are recorded in an accident book, make sure all the details are correct, and request a copy of the accident report, if possible.
• Record the names and contact details of anyone who was in the area and may have witnessed the accident.
• Seek medical attention for your injuries at the hospital or with your G.P. as soon as possible.
• Keep receipts for any expenses incurred as a direct result of the accident.
• Contact Beacon Law to start your claim, or to have a free, no-obligation, initial conversation with one of our specialist solicitors who will provide you with appropriate legal advice on your case.

Care Home Injury Claims: I Have Been Injured Whilst Working in a Care Home

If you have been involved in an accident during your employment in a care home, there are a number of steps which you take after the accident.

• You should report the accident to your manager or a supervisor as soon as possible, providing all the details of the accident. You should ensure that the details are recorded in an accident book, make sure all the details are correct, and request a copy of the accident report, if possible.
• Record the names and contact details of anyone who was in the area and may have witnessed the accident.
• Seek medical attention for your injuries at the hospital or with your G.P. as soon as possible.
• Keep receipts for any expenses incurred as a direct result of the accident.

Contact Beacon Law to discuss your claims with one of our specialist solicitors.

How Much Compensation Will I Receive?

Your care home injury compensation will be split into two sections; general damages and special damages. General damages refer to the amount of compensation which you will receive for your injuries and will take into account any pain, suffering, and loss of amenity sustained as a result of your accident.

It will be difficult for us to predict the amount of compensation you will receive from the outset of your claim as we will require more information and evidence on the extent of your injuries.

In most cases, you will be required to attend an appointment with an independent medical expert who will assess your injuries and provide a report based on your injuries.

If the medical expert concludes that you will require further treatment for your injuries, such as physiotherapy, we will be able to arrange this on your behalf.

We will value your injuries and negotiate a settlement for your injuries based on the final medical report obtained from the expert. We will use recent case law and Judicial College Guidelines to value your claim.

Special damages refer to any additional losses sustained as a direct result of the accident. These losses can include:

• Loss of earnings
• Travel expenses to and from medical appointments
• Treatment costs
• Additional care and assistance required as a result of the injuries sustained in the care home accident.
• Costs of any equipment or adjustments to the home required following the accident and injuries.

We will carefully evaluate all cases based on facts before providing our valuation of your claim. We will then negotiate a settlement with the Defendant, and we will fight to ensure that you obtain the maximum compensation for your injuries, based on this valuation.

How Long Will the Care Home Injury Claims Process Last? 

The amount of time taken to settle any type of personal injury claim, including care home injury claims, varies greatly depending on the case itself and the complexities of the case. The majority of claims can take anywhere for six months to 2-3 years to settle. Less complex claims, with less serious injuries, usually take less time to settle.

We can request interim payments from the Defendant throughout the progress of the case as long as they have admitted liability for your accident and injuries. These are paid in advance of your settlement figure or the final amount which will be agreed. They are usually smaller payments and can be paid to cover the costs of your needs, such as rehabilitation costs.

When a final amount is agreed between the parties, the interim payment which you have received throughout your case will be deducted from the final amount you receive.

Why Choose Beacon Law?

Beacon Law are a specialist firm of personal injury lawyers based in Manchester, providing a friendly and professional service to all clients to ensure they receive the compensation they deserve. We have dealt with a large number of care home injury claims, as well as many other types of Employer’s Liability, Occupier’s Liability and Clinical Negligence claims.

If you or a loved one has suffered an injury through an accident whilst living in a care home, then contact our specialist personal injury and care home claims solicitors today for legal advice and assistance on making a claim.

Beacon Law are a highly experienced Personal Injury Solicitor’s firm. We can assist you in pursuing a personal injury claim against your employers for a prison accident on a no win, no fee basis. We are authorised and regulated by the Solicitors Regulation Authority.