Care Home Negligence Claims

Care homes are supposed to be a safe and comfortable place for the elderly to live whilst receiving high standards of care. Unfortunately, this is not always the case, and over the past few years, negligent care and cases of care home 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 compensation 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 been suffered negligence in a care home, you may be entitled to claim compensation. The compensation you may receive can be used to help the victim of care home neglect to move on from the suffering to which they have been subjected. If you would like to know if you can make a claim, speak to our medical negligence claims solicitors today.

What are the most common types of care home compensation claims?

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 negligence claims that we have dealt with are shown below:

• Slips, trips and falls in a care home – Falls in a care home are common; however, some can be avoided if correct procedures and processes are 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 care home residents.
• Medical Negligence in care homes – This can include giving incorrect medication to residents, leading to serious medical conditions. Our medical negligence solicitors can provide expert assistance in medical negligence claims.
• 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

What are the most common causes of care home accidents?

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

How much compensation could I receive for negligent care in a care home?

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.

What are the time limits for care home negligence claims?

In most cases, you will have up to three years to claim compensation if you’ve suffered negligent care in a care home.

One 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 at any moment in time once they regain their mental ability to do so.

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 claim becoming time barred.

How much does it cost to make a care home negligence claim?

At Beacon Law, we use a Conditional Fee Agreement – a type of ‘no win no fee’ agreement.

By making a claim on a no win no fee basis, you won’t need to pay any legal fees if your claim for compensation is unsuccessful.

If your no win, no fee claim for care home negligence is successful, you will be charged a success fee. There may be other legal costs that you will be required to cover if your claim is successful too. For example, you may be required to pay for legal expenses insurance if your case is successful.

Provided that your claim is successful, we will deduct the success fee and any outstanding legal costs from the sum of compensation that has been awarded. The amount that a solicitor can take as a success fee from the value of compensation awarded has been capped at 25%.

I have been injured while working in a care home, can I claim for compensation?

If you have been involved in an accident during your employment in a care home, there are a number of steps 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 medical negligence solicitors.

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 negligence whilst living in a care home, then contact our specialist care home claims solicitors today for legal advice and assistance on making a claim.