Care home negligence claims may be possible if an elderly person suffered avoidable harm because they did not receive safe and appropriate care. If poor care caused additional injury, illness or unnecessary suffering, you or a loved one could be eligible to claim compensation for the physical, psychological and financial impact. Accident Claims’ specialist care home claims solicitors support families by explaining their legal options, gathering the evidence needed to understand what happened and pursuing compensation on a No Win No Fee basis.

Entrusting a care home with the wellbeing of a loved one is a significant decision, and families rightly expect safe, compassionate care that meets the standard reasonably expected of a professional providing that care.

While many care homes provide excellent care, negligence can occur when those standards fall short, causing avoidable harm and a loss of dignity. Families are often left questioning whether their loved one’s decline could have been prevented while coping with the consequences.

With decades of combined experience, the trusted legal specialists working with Accident Claims have helped secure over £100 million in compensation for injured clients. Our experienced medical negligence solicitors review the available records and supporting evidence to understand what happened and whether the care provided met expected standards. Where appropriate, they also obtain independent expert opinions to support your case and build the strongest possible claim on your behalf.

If you’re concerned about the treatment you or a loved one received, speak to Accident Claims for a free, no-obligation consultation. Our solicitors can discuss how care home negligence claims work, and assess whether you’d be eligible to claim for a loved one.

trust-pilot logoratting4.8
We're No Win No Fee SolicitorsTrusted by thousands to win compensation.
Start Your ClaimCall Us Free

Jump To A Section

Can You Make A Care Home Negligence Claim?

Yes, you may be able to make a care home negligence claim on behalf of a loved one if they suffered avoidable harm because a care home failed to provide safe and appropriate care. A claim depends on whether the failings caused additional injury, illness or unnecessary suffering, rather than simply because you were dissatisfied with the care provided.

If your loved one lacks the mental capacity to make decisions about a claim, it may be possible for you or another family member to act on their behalf as a litigation friend. If they later regain capacity, they can usually take over the claim themselves rather than continuing through a litigation friend.

Where care home negligence contributed to a loved one’s death, different legal options may also be available depending on the circumstances.

Whether there are grounds to pursue compensation for care home negligence depends on the individual circumstances of your loved one’s care. Not every poor outcome amounts to negligence. The key question is whether the care provided fell below the required standard and caused avoidable harm. Establishing that usually involves comparing what happened with the level of care that should reasonably have been provided.

If you are concerned that poor care has harmed your loved one, legal advice can help you understand whether you are eligible to bring a claim on their behalf and how care home negligence claims are handled.

A healthcare professional is treating a patient in a care home

When Could Poor Care In A Care Home Amount To Negligence?

Poor care in a care home could amount to negligence when a resident suffers avoidable harm because the support they received fell below the standard reasonably expected. Care homes have a legal responsibility to provide safe, appropriate care that protects residents’ health, wellbeing and dignity. This responsibility is reflected in the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 and the standards monitored by the Care Quality Commission (CQC), which require safe, person-centred care.

Poor care does not always look the same, and every case turns on its own facts. The following examples show how failures in day-to-day care can cause avoidable injuries and illnesses.

  • A resident suffers a fractured hip after care home staff leave them to walk without the appropriate mobility aids or assistance set out in their care plan, requiring emergency treatment and months of rehabilitation.
  • Medication and prescription errors, such as a resident being given the wrong medication during a routine round, cause their condition to deteriorate, leaving them seriously unwell and requiring medical treatment that should never have been necessary.
  • Painful pressure sores (pressure ulcers) develop because staff fail to reposition a resident regularly or respond to clear signs that their skin is deteriorating, causing avoidable injuries that affect their comfort, mobility and recovery.

Whether negligence occurred will depend on the evidence and the resident’s circumstances. Accident Claims can review the available records to assess whether the standard of support was unacceptable and whether this led to avoidable harm. If you believe your loved one was harmed because their needs were not properly met, speak to our team about care home negligence claims.

How Can Negligence In A Care Home Affect Residents?

Negligence in a care home can affect residents by causing lasting harm and making them feel unsafe in the place where they should be supported. For someone who is already living with poor health or reduced mobility, even a short period of inadequate support can significantly change their daily life.

A resident’s condition may deteriorate when important needs are overlooked. This can prolong their recovery and leave them more dependent on others than they were before. For example, a resident may be fed food that they have an intolerance of, resulting in poor nutrition.

The consequences are not always physical. A resident who has been ignored or treated without dignity may become withdrawn and lose trust in those responsible for supporting them. This can make them reluctant to communicate when they need help.

When care home negligence claims are valued, the immediate injury is only one part of the assessment. The legal team will also consider how your loved one’s life changed after the negligence and whether they now require additional support. Some consequences only become clear over time. A specialist solicitor can investigate the full impact before compensation is negotiated.

What Evidence Can Help Establish A Care Home Negligence Claim?

A care home negligence claim can be supported by evidence showing that the resident received an unacceptable standard of care and suffered harm as a result. Because many residents are elderly or vulnerable, no single record is usually enough to establish what happened, which is why solicitors assess several sources of evidence together.

A resident’s medical and care records will often form the starting point for establishing what support they should have received and what was actually provided. Their care plan may show the assistance staff were expected to give, while clinical notes and medication records can reveal whether changes in their condition were recognised and acted on appropriately.

Internal documentation may provide further insight into what happened. An incident report could record how an injury occurred, while a risk assessment may show whether a known danger had been identified before the resident was harmed. Safeguarding findings can also help establish whether concerns had previously been raised about the standard of support.

Photographs and witness accounts may provide evidence that is not fully reflected in the care home’s records. Independent medical evidence can then help determine whether the resident’s injury or deterioration was caused by negligence rather than an underlying condition.

Our care home negligence solicitors can often obtain these records and other relevant evidence on your behalf before arranging any independent expert medical evidence needed to support your claim. To discuss what evidence could specifically support your loved one’s claim, speak to one of our advisors now about care home negligence claims.

Residents in a care home sit around a table

How Much Care Home Negligence Compensation Could Be Awarded?

How much care home negligence compensation could be awarded will depend on the seriousness of the avoidable harm your loved one suffered and the effect it has had on their health and quality of life. Compensation may also take account of the financial consequences of the avoidable harm, which is why there is no standard amount that applies to all care home negligence claims. While our compensation calculator may provide a broad estimate, every care home compensation claim must be valued on its own individual circumstances.

General damages compensate for the physical and psychological impact of the avoidable harm. When valuing this part of a claim, consideration is given to how the negligent care has affected your loved one’s day-to-day life. This may include the pain or distress they have experienced, any loss of independence and whether they now require additional treatment, support or long-term care.

When valuing general damages, solicitors may refer to the Judicial College Guidelines (JCG). This publication is widely used when assessing personal injury and medical negligence claims because it provides guideline compensation brackets for different types of injury. The JCG does not set fixed compensation amounts, but it can provide a useful starting point when valuing the physical and psychological effects of negligent care.

The figures in the table below are intended as a guide only and should not be viewed as a guarantee of the compensation that may be awarded. Every care home negligence claim is assessed on its own circumstances, and the first entry in the table has not been taken from the JCG.

HarmSeverityCompensation
Various severe forms of harm and special damagesMore than one very severe form of harm and financial losses such as additional care costs, financial losses to the family or medical expensesUp to £1,000,000+
Very Severe Brain DamageThere may be some ability to follow basic commands, but little if any evidence of meaningful response to environment£372,570 to £533,720
Moderately Severe Brain DamageThere will be a serious level of disablement, with a large dependence on others and a need for constant care£289,420 to £372,570
Severe Back (i)The most serious damage to spinal cord and nerve roots leading to disability and incomplete paralysis£120,340 to £212,670
Severe Back (ii)Nerve root damage with associated loss of sensation and impaired mobility£97,980 to £116,820
Severe Neck (ii)Injuries involving severe fractures to or damage to the discs in the cervical spine£86,860 to £172,970
Lost Function of WristInjuries leading to complete loss of function in the wrist£62,910 to £79,080
Severe Pelvis and Hips (iii)Injuries such as fractures of the acetabulum causing degenerative changes and leg instability£51,750 to £69,360
Moderate Psychiatric HarmMarked improvement by trial and good prognosis£7,740 to £25,190
Shoulder - Fracture of Clavicle The amount awarded will depend on the extent of clavicle fracture and level of disability£6,800 to £16,170

What Losses Could Be Included In A Care Home Negligence Claim?

Additional financial losses that could be claimed following care home negligence may include the cost of medical treatment and miscellaneous expenses arising from the avoidable harm. Known as special damages, these losses can include past and future costs and form an important part of a care home negligence compensation claim. Many families are surprised by the range of recoverable costs, making it important to consider the full impact of the negligence when the claim is valued.

Depending on the circumstances, special damages may include:

  • The cost of additional care and support: If the negligence has left your loved one needing more assistance than before, compensation may cover the reasonable cost of that extra care and any equipment required to meet their changed needs.
  • Medical treatment and rehabilitation costs: Some residents need further medical treatment, rehabilitation or specialist therapies because the avoidable harm has created additional health needs. Prescription and other reasonable treatment costs may also be included.
  • Travel and visiting expenses: Family members may incur additional travel costs when visiting a loved one in hospital, attending medical appointments or because a move to another care home became necessary following the negligence.
  • The value of care provided by family members: If relatives have given your loved one additional unpaid support because of the negligence, the reasonable value of that care may be included in the claim. The amount will depend on the assistance provided rather than simply matching any income the relative lost.

You don’t need to identify every financial loss before seeking legal advice. Once a solicitor understands what happened and how your loved one has been affected, they can explain which losses may be recoverable and the evidence needed to support them, helping ensure the full impact of the negligence is reflected in the claim.

trust-pilot logoratting4.8
We're No Win No Fee SolicitorsTrusted by thousands to win compensation.
Start Your ClaimCall Us Free

A specialist care home negligence claims solicitor explains how to make a claim

Why Choose Our Solicitors For A Care Home Negligence Claim?

You should choose our solicitors for a care home negligence claim because they understand how to investigate concerns involving vulnerable residents while supporting families through a sensitive legal process.

They can examine whether the resident’s documented needs were met and obtain independent medical evidence where the cause of their deterioration is disputed. The claim will then be prepared around the harm suffered and the additional support your loved one may now require, while your solicitor handles communication with the care provider or its insurer.

How Our Solicitors Can Help After Negligence In A Care Home

Choosing the right solicitor can make a significant difference when pursuing compensation after negligent care. Claims involving nursing and care homes often require detailed medical evidence, care records and independent expert opinion to establish what happened.

Throughout your claim, our solicitors will:

  • Investigate what happened: Our solicitors examine the resident’s care and medical records to identify where standards may have fallen short and how those failings affected your loved one.
  • Arrange independent expert evidence: Where necessary, our solicitors can instruct an independent medical expert to determine whether your relative received an acceptable standard of care and explain how the resulting harm may affect their long-term wellbeing.
  • Assess the full value of the claim: We consider the physical, psychological and financial effects of the negligent care so the claim reflects its full impact on your loved one and your family.
  • Manage the legal process: From corresponding with the care provider and its representatives to explaining each stage of the claim in straightforward language, we manage the legal work while keeping you informed throughout.
  • Provide ongoing support: We understand that pursuing a claim can feel overwhelming while supporting a vulnerable relative. Our solicitors remain available to answer your questions and support you throughout the claims process.

Making A Care Home Negligence Claim On A No Win No Fee Basis

You may be able to make a care home negligence claim on a No Win No Fee basis by entering into a Conditional Fee Agreement with the solicitor representing you.

Under this type of agreement, you will not pay the solicitor’s fees upfront or while they are working on the claim. The agreement will explain which legal services are covered and whether any other costs could become payable.

If the claim is unsuccessful, you will not pay the solicitor for the work covered by the agreement. If compensation is recovered, the solicitor will receive a success fee as payment for their work. This is deducted from the compensation as a set percentage and is subject to a legal cap.

Your solicitor will explain the terms clearly before you enter into the agreement, including how the success fee will be calculated. This allows you to understand the funding arrangement before deciding whether to proceed on your loved one’s behalf.

Contact Accident Claims

If you are concerned that a loved one suffered harm in a care home, you do not need to establish negligence before asking for legal advice. Accident Claims can listen to what happened and explain whether there may be grounds to bring a claim.

Contact our team today for a free assessment and find out how our solicitors could help you pursue compensation for the harm caused.

trust-pilot logoratting4.8
We're No Win No Fee SolicitorsTrusted by thousands to win compensation.
Start Your ClaimCall Us Free

More Information

Read some of our other guides about:

Useful External Resources

Thank you for reading our guide on care home negligence claims.