Care Home Claims
If you or a loved one have been injured in a care home due to an act of negligence, you may be entitled to make a care home negligence claim for the pain and suffering caused. The expert team from JMW Solicitors can help you seek redress and get the compensation you deserve.
If you are an employee, you should visit our 0345 872 6666, or fill in our online form and let us know a suitable time to get in touch with you and we can discuss care home claims.
How JMW Can Help
JMW’s expert team has a wealth of experience pursuing compensation for residents who have sustained injuries due to accidents in care and nursing homes. Our team of solicitors will handle your claim with care and empathy, keeping you informed every step of the way.
People living in care homes are often there because they require more support and assistance than can be provided by a part-time or full-time carer in their home environment, and this makes them vulnerable.
If you suffer an injury as a result of someone else’s negligence, you may be entitled to claim compensation to help you make a recovery from your injury. This will provide you with financial support that could help you to pay for any medical or mental health services that you require, or aid support provided by family and friends during recovery from an injury.
Common Accidents Suffered by Service Users
There are a number of common accidents and incidents that care home service users may experience, regardless of whether the care home is for elderly people, or those with physical disabilities. These include:
- Slips, trips and falls
- Accidents arising from lack of mobility aids
- Improper handling out of bed and from the toilet
- Prescription and medication errors
- Pressure sores and ulcers
- Dehydration
The government sets strict rules on the standard of care that should be provided to residents of a care home. If they are not adhered to by care home workers, you could be entitled to make a claim for compensation.
Common Accidents that Care Home Staff May Suffer
Care home staff members can sustain injuries in a variety of ways, including:
- Lifting and moving patients from beds and seats
- Helping patients out of toilets and showers
- Attacks from violent patients or family members
- Tripping and falling down stairs or over obstructions
Injuries may also occur if there are fewer than the allocated number of staff to care for a service user who has been identified as requiring assistance from more than one staff member during various times of the day.
It is an employer’s duty to ensure that procedures are in place to reduce the risks of injury in a care home. If they have failed to keep you from harm, you may be able to make a compensation claim. Visit our injuries at work page for more information on how you can do this.
Signs of Neglect
There are a number of warning signs that can point towards a care home’s failure to look after a service user. They can include changes to the service user’s appearance, such as:
- Unexplained bruises, cuts and grazes
- Weight loss
- Lack of personal hygiene
- Changes in their behaviour, including appearing more fearful than usual.
It may be difficult for the service user to discuss these incidents in detail, which is why it is important to employ a professional solicitor that you trust.
Why Choose JMW?
Our team has substantial experience in handling a wide range of personal injury cases, including complex care home claims. Our dedication to excellence in legal services is recognised with listings in both the Legal 500 and Chambers & Partners guides, testament to our high standards of service and expertise in the legal field. They reflect JMW's commitment to delivering justice for individuals who have experienced negligence or abuse in care settings.
Understanding the financial concerns that can accompany legal proceedings, JMW offers no win, no fee agreements on all personal injury claims. This arrangement means that you will not have to pay any upfront legal costs, and our fees will only be charged if we successfully secure compensation for you. This ensures that accessing our top-tier legal services is risk-free and accessible, removing financial barriers to justice.
At JMW, we prioritise your needs and wellbeing. We understand that pursuing a care home claim can be emotionally taxing, which is why we ensure a supportive, understanding environment throughout the legal process. Our solicitors maintain clear, open communication, keeping you informed every step of the way and providing compassionate, professional advice tailored to your individual circumstances.
FAQs About Accidents in Care Homes
- How much does it cost to make care home injury claims?
Worry about finances can be a large part of the stress involved with starting a legal claim, and may put many people off. If you feel you are owed money, however, you should not let this stop you. Thanks to the expertise of our solicitors specialising in care homes, fees can be discussed up front, and we can make sure you are aware of the fee arrangements that apply to your case. Call us now and we will be happy to discuss all of your available options.
- What types of claims can be made against a care home?
Claims can be made for various incidents of negligence or abuse within care settings. These include:
- Care home negligence claims
- Elderly care home abuse claims
- General care home abuse claims
- Nursing care home claims
- Care home injury claims
Each type addresses different scenarios, from neglect resulting in injury to deliberate acts of abuse.
In cases where the injury was caused by a crime, you may have to claim through the Criminal Injuries Compensation Authority (CICA), which requires a different process than typical claims. Our solicitors can guide you through the entire process of making a care home abuse claim.
- What evidence is necessary for a care home claim?
For successful care home claims, solicitors rely on medical records, witness statements, care home records, photographic evidence, and any reports made to the care home management or regulatory bodies. Documenting incidents and gathering as much information as possible is necessary for substantiating care home neglect claims or abuse allegations. If you also wish to claim for financial expenses, you will need to provide evidence of these in the form of receipts.
- How do I report abuse or negligence in a care home?
Abuse or negligence in a care home should be reported immediately to the care home management. If the situation does not improve, or if the abuse is severe, you should contact local authorities, the Care Quality Commission (CQC), and a solicitor specialising in care home claims once you are safe. The care home claims solicitors at JMW can guide you through the legal process and help protect the rights of the resident.
- What damages can be claimed in a care home negligence case?
In care home negligence cases, you can claim for physical and psychological injuries, medical expenses, loss of quality of life, and, in some cases, punitive damages. Compensation is typically split into two categories that reflect these, known as general damages and special damages. We will discuss the extent of your injuries during your initial consultation and offer you an estimate of how much you may be able to expect from a successful claim.
- How long do I have to file a care home claim?
The typical time limit for filing a care home claim is three years from the date of the incident, or from when you first became aware of the negligence. However, there are exceptions for cases involving individuals with limited mental capacity, where a time limit may not apply at all. Consult with care home claims solicitors as soon as possible to ensure your claim is filed within the legal time limits.
- Can I make a claim on behalf of a family member or loved one?
You can make a care home claim on behalf of a family member or loved one, especially if they lack the capacity to do so themselves. In these instances, you would act as a 'litigation friend' to protect their interests and seek justice on their behalf. To do so, simply contact our team today and we will explain everything you need to know to get started.
- How much will it cost to hire a solicitor for a care home claim?
Our no win, no fee service means that you will not have to pay any upfront fees, and legal costs will only be deducted from your compensation if the claim is successful. We also offer free initial consultations, providing you with an opportunity to discuss your case without financial commitment.
- What if the care home disputes the allegations?
If a care home disputes the allegations, your solicitor will gather and present evidence to support your claim. This can include medical records, witness statements and expert testimonies. Our experienced care home claims solicitors are skilled in handling disputed claims, and will work to ensure that your rights and those of your loved one are fully represented and protected throughout the legal process.
Talk to Us
Get in touch with our solicitors today to get your claim underway. You can call us on 0345 872 6666 or fill in our enquiry form and we’ll call you back at a time you specify.
