Care Home Negligence: No Win, No Fee

A large amount of the ageing population lives in nursing homes, a place where older adults are meant to receive a high standard of care. Care homes are typically supposed to be a place of comfort and stability, but unfortunately, this is not always the case, and there has been a rise in incidents of negligence in care homes over recent years.

Accidents do occur, but some injuries are caused by negligence, which could have otherwise been avoided. If a resident in a care home has been injured through no fault of their own, then they may be able to claim for care home negligence.

If you or a family member has been injured due to negligence in a care home, then our team can help you. We are highly experienced in care home negligence claims and work hard to secure the compensation you deserve due to the poor care you have received. To find out more about the claims process or how we can guide you through it, please do not hesitate to get in touch with Beacon Law today.

Common incidents of neglect in care homes

Neglect in care homes can result in various injuries to residents, often due to a lack of supervision, care, or attention. Some common incidents of neglect that can directly lead to injury or illness include:

Falls and Lack of Mobility Assistance

• Failure to Assist with Mobility: When residents who need help moving or walking are left unattended, they may attempt to move on their own, resulting in falls that can cause fractures, head injuries, or bruises.
• Unsafe Environment: Cluttered hallways, slippery floors, poor lighting, or lack of handrails can increase the risk of falls, especially for elderly residents with limited mobility or balance issues.

Untreated Pressure Sores

• Lack of Repositioning: Residents who are bedridden or wheelchair-bound need to be regularly repositioned to avoid pressure ulcers (bedsores). Failure to do this can lead to painful sores, infections, and even sepsis if the wounds become severe.

Dehydration and Malnutrition

• Inadequate Nutrition and Hydration: Not providing sufficient food or water can weaken residents, making them more susceptible to illness, dizziness, and falls. Severe dehydration or malnutrition can also lead to organ failure, infections, or cognitive decline, increasing the risk of accidents.

Medical Neglect

• Untreated Injuries or Infections: Minor injuries, such as cuts or bruises, can become serious if not properly treated, leading to infections or complications. Lack of proper medical treatment after a fall, for instance, could result in untreated fractures or head injuries.
• Missed Medication: Failing to administer essential medications for conditions like diabetes, hypertension, or heart disease can lead to medical emergencies, including strokes, heart attacks, or seizures, which could cause injuries.

Burns and Scalds

• Failure to Monitor Hot Water or Heating: If staff do not monitor the temperature of water in baths or showers or fail to regulate heating pads or hot food/drinks, residents can suffer burns or scalds.
• Kitchen Incidents: Residents with cognitive impairments may be injured if they are allowed access to kitchens without supervision, where they could come into contact with hot surfaces or sharp objects.

Choking Hazards

• Failure to Supervise Meals: Some residents may require assistance or supervision when eating, especially those with swallowing difficulties (dysphagia). Without proper attention, there is a risk of choking, which can lead to airway blockage, brain injury from oxygen deprivation, or death.

Wandering and Elopement (Escape)

• Inadequate Supervision of Cognitively Impaired Residents: Residents with dementia or Alzheimer’s disease may wander off if not properly monitored. They may fall, be hit by a vehicle, or become injured in other ways while outside the care home environment.

Infections from Poor Hygiene

• Infections: Failure to maintain good hygiene, such as not cleaning wounds, changing soiled clothes, or maintaining sanitary conditions, can lead to infections. Severe infections like sepsis can result in injuries to organs or tissues and increase the risk of death.

Injuries Due to Improper Lifting or Transfers

• Manual Handling: Residents who need assistance with transfers (e.g., from bed to wheelchair) can suffer injuries like fractures, muscle tears, or dislocations if staff use improper techniques or equipment during these manoeuvres.

Neglect in any of these areas can result in significant physical harm and long-term health complications for vulnerable residents in care homes and can warrant a personal injury claim for care home negligence.

Who can make a claim for care home negligence?

Anyone who has been injured or suffered an illness due to negligent care may be eligible to make a claim for compensation. If the injured person is too vulnerable or lacks the mental capacity to make a claim themselves, then a family member may make a claim on their behalf.

If you or your loved one has been injured due to care home negligence then please do not hesitate to get in touch with one of our specialist care home negligence solicitors today.

What is the process of claiming for care home negligence?

When you first contact us, you will speak with one of our experienced personal injury solicitors, who will ask you for information during the initial consultation in order to help them assess the prospects of succeeding in your claim. Examples of relevant information that you may be asked for include:

• The location, time and date of when and where the accident occurred
• The circumstances that led up to the accident
• The nature of injuries sustained, as well as the severity of them
• Details of any independent witnesses who may have seen your accident taking place
• Any details of the negligent party (the defendant) and how they were involved in your accident

If, after discussing these details with you, we are happy to proceed with your care home negligence claim, we will offer to progress your case on a no win no fee basis. On a no win no fee agreement, you will not have to pay any fees if you lose your case, and you will, therefore be able to pursue your claim with a great degree of security. If your claim is successful, you will be responsible for the payment of our success fee and the insurance premium, which would be taken from your final award of compensation.

Through the whole process we will keep you updated regularly on the progress of your case. The process may differ depending on whether care home management or their insurance company accepts or denies liability for your case.

How much compensation could you receive?

The compensation you could receive for a care home negligence claim typically includes general damages and special damages, and the amount varies depending on the severity of the harm, the impact on the victim’s life, and specific financial losses. 

General damages are awarded for the pain, suffering, and loss of quality of life due to the negligence. Compensation amounts vary based on the severity and type of injury, so it is difficult to provide an exact amount of compensation you may receive as each case varies dramatically.

Special damages cover financial losses and expenses related to the negligence, such as:

• Medical Expenses: The cost of treatments, rehabilitation, or ongoing medical care.
• Care Costs: The cost of additional or specialised care, either in the home or elsewhere.
• Travel Expenses: Costs related to hospital visits or treatment.
• Loss of Earnings: If the victim or family members lost income due to the negligence.
• Funeral Costs: In fatal cases, compensation may cover funeral and other related expenses.

Special damages vary widely but are generally easier to quantify than general damages with the assistance of receipts, bills and documented proof of loss of earnings.

What are the time limits for making a claim?

Before beginning the claim process, it is important to note that there are strict time limits on personal injury claims. After an accident, the victim will have 3 years in which to commence proceedings for claiming compensation.

An exception to the 3 year time limit occurs when the claimant is not mentally capable of proceeding with their claim. Rather than being limited to making a claim within 3 years from the date of the accident, the claimant is entitled to begin their compensation claim if and when they regain capacity. Alternatively, a family member may make a claim on their behalf.

In the case of fatal accidents, a close family member of the victim may claim compensation for the grief, pain, and suffering caused by their loss. The family member will have three years from the date that the victim died to proceed with their compensation claim.

Due to such strict time limits, we recommend that you collect the relevant evidence and begin the claims process as soon after the accident as possible to avoid your care home negligence claim becoming time barred.

How can Beacon Law assist?

Beacon Law are a specialist firm of personal injury solicitors with many years of experience in dealing with care home negligence claims. We can provide you with specialist legal advice on making care home neglect compensation claims and guide you through the process whilst negotiating the best settlement of your claim.

There are no up front legal fees or costs to making a care home negligence claim as we offer our services on a no win, no fee basis. This means that if your claim is unsuccessful, you will not need to pay us anything.

Beacon Law deals with a variety of legal injury claims, including industrial disease claims, serious injury claims, personal injury claims and medical negligence claims.

If you are looking to claim compensation for care home negligence, then please do not hesitate to get in touch with our team today. Please call us today on 0330 1332 857 to start your claim or complete our contact form at the top of the page to start your claim for compensation online and a member of our personal injury team will give you a call back.