Care Home
Negligence Claims

Key advice when making an injury claim after care home negligence

• GPs, nurses, and care home staff have a duty of care to safeguard patients and residents from injury.
• Care home claims are often linked to falls, medication errors, or neglect. If you or a loved one have been injured due to someone else's, a compensation claim should be possible.
• A claim can be made within 3 years, but acting early increases the likelihood of success.
• General damages vary depending on the extent of the injury and your financial losses and expenses. Discover how much you could claim with our compensation calculator.
• You can make a claim on behalf of someone else, like an elderly relative, by acting as their 'litigation friend'.
• A claim can be made on a no win, no fee basis.

If a care home injury has set you back, we'll help you move forward

Injuries in care home Injuries often result from falls, medication errors, or negligence in providing proper care to the elderly or disabled.

If your life, or the life of a loved one, has been affected by a care home injury, we can help. If your injuries were caused by the negligence of a doctor, nurse, midwife or other medical professional, you may be entitled to claim compensation.

You can make a No Win, No Fee compensation claim with the help and support of a specialist clinical negligence solicitor.

With over 40,000 care home residents suffering serious injuries, you are not alone

According to government data, there were an estimated 344,000 UK care home residents in 2021. Around 25% of staff reported witnessing evidence of abuse and neglect (ons.gov.uk).

An analysis of data provided by RoSPA showed that over 3,500 people in England over the age of 65 are fatally injured in a fall accident each year.

If you decide to make a care home injury claim, your solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you need to move forward.

How much compensation can I claim for care home negligence?

Your compensation for nursing home negligence is influenced by:

• the degree of your injury,
• the restriction caused by your injury on your daily life and employment,
• the losses and expenses you?ve incurred as a result of your injury.

General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

Special damages will be awarded for any lost earnings, loss of commission or bonuses, and loss of pension contributions. It may also be possible to claim for loss of future earnings, if the medical prognosis establishes that you won't be able to work for any period in the future.

These damages will also cover the cost of any medical procedures you might need to treat or recover from your care home injury such as psychological support and corrective treatment.

Read more:

A complete list of recoverable losses in a personal injury claim

How is compensation calculated if I have multiple injuries?

Am I eligible for care home injury compensation?

Yes, you can claim for care home negligence, if:

• you were made ill in the last 3 years, and;
• another party was to blame, and;
• that party owed you a legal duty of care.

Find out online if you can claim with our injury claim calculator. Or you can call 0800 376 1001 to speak to a specialist advisor. Find out in minutes if you have a claim.

How long do I have to start a care home injury claim?

You usually have 3 years to make a care home injury claim, from the date you learned you were harmed by the substandard care (the date of knowledge).

Typical care home accidents

Fall accidents in care homes

The most common accidents in residential care settings are falls. The fall could be precipitated by a slip or trip accident resulting from a poorly positioned object or a spill. A nursing home patient might require mobility aids, such as crutches, wheelchairs or walking frames.

If these items are out of reach, a fall could result when the patient attempts to get out of a bed or chair.

Lifting

Falls in care homes can also be due to handling mistakes. Staff should be fully trained and supported in providing physical support. However, errors still occur sometimes, and if staff are unable to move or assist in a safe manner, both the patient and care assistant could be injured.

Neglect

Care home professionals are usually trained to ensure the prevention of pressure ulcers and sores.

When proper procedure regarding prevention is not followed, older people can find themselves vulnerable to debilitating pain, infection and further restrictions to mobility. The Waterlow Score is a method used to reduce the risk of pressure sores, protecting elderly patients from neglect in hospital and in the care home.

Can I make a claim on behalf of someone else?

Yes, you can make a claim on behalf of another person (such as an elderly relative) as their ‘litigation friend’.

A litigation friend is usually a close family member or friend who steps in to handle the legal process when the injured person cannot manage it themselves, often due to age, mental capacity, or health issues. As a litigation friend, you will work with a solicitor to gather evidence, make decisions, and ensure the claim is pursued on their behalf, aiming to secure the compensation they need for their care and recovery.

How did your care home negligence happen?

The process for a care home injury claim depends the circumstances of the accident. To learn more, click the icons below:

Public places Work accidents Medical negligence Other accidents

Sources

Author:
Chris Salmon, Director

About the author

Chris Salmon is a co-founder and Director of Quittance Injury Claims. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.