How To Claim Compensation For A Care Home Death Due To Negligence – How Much Can I Claim?

By Jo Anderson. Last updated 17th January 2024. Welcome to our guide about care home negligence death compensation claims. Choosing to place a family member who is no longer able to care for themselves, and whom we are not able to care for, in a care home can be a very difficult decision to make. However, in order to make the right care choice and ensure that our loved ones can get the care they need, we often choose to place our loved one or family member in a nursing or care home..

If a loved one, family member, or friend has died because of the negligent care they received whilst in a care home, you may have valid grounds to make a care home fatal accident compensation claim. Whilst we understand that there is no sum of money which can ever adequately compensate you for the wrongful death of a loved one, making a compensation claim for a death in a care home can help you be able to pay for funeral costs and other expenses which can occur when a loved one dies.

If you think you have valid grounds to make a claim for the death of a loved one, having the right team of personal injury solicitors behind you will make the process easier. This is where Accident Claims UK can help. Our team can work with you, providing you with the legal advice necessary as well as a compassionate approach to your case.

In this guide, we will look at the best way to make a wrongful death claim as well as taking you through the process of doing so. We will also look at example amounts of how much compensation you may be able to claim. Talk to our team today by calling us on 0800 073 8801.

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Settlements For Wrongful Death In A Nursing Home

If you have experienced a loved one’s unexpected death in a nursing home, you may be wondering whether you could make a claim for compensation.

Following the death of a loved one due to care home negligence, compensation could be awarded for the pain and suffering of the deceased prior to their death and any financial losses that may have been suffered, e.g., funeral costs.

To help you understand how much could be claimed in compensation following the death of a loved one in a care home due to negligence, we have created the following table. The figures used have been taken from the 16th edition of the Judicial College Guidelines (JCG). This is a document used by various legal professionals to help them value claims, as the JCG lists compensation brackets for different injuries. However, the compensation you receive may differ from those listed. This is because the factors affecting your claim will impact how much compensation you could be awarded. So, you should only use this table as a guide.

Injury Notes Amount
Death with add on claims Compensation for the pain and suffering of the deceased with any additional losses, e.g funeral costs. Up to £550,000 and over
Very Severe Brain Damage Although the person may be able to follow basic commands, they will show little meaningful response to their environment and will require full-time care. £282,010 to £403,990
Quadriplegia/Tetraplegia Various factors will impact how much is awarded, such as if the person was aware of their disability, life expectancy and extent of physical pain experienced. £324,660 to £403,990
Paraplegia The person’s age and life expectancy as well as extent of pain and degree of independence will affect how much is awarded. £219,070 to £284,260
Severe Psychological Damage The person will have serious issues coping with daily life and will experience future vulnerability. The prognosis is also poor. £54,830 to £115,730
Severe Post-Traumatic Stress Disorder The person will be unable to return to normal life due to permanent effects. £59,860 to £100,670
Injuries Resulting in Death The person will be fully aware for a short while before floating in and out of consciousness. They will die within 3 months. £12,540 to £23,810

Do not hesitate to contact our advisors today if you would like to discuss your potential claim. They may also be able to tell whether a claim could be made depending on the causes of a wrongful death in a nursing home.

Making A Claim Against A Care Home For Negligence Leading To A Wrongful Death

If you have lost a loved one while they were receiving care in a care home,  you may be wondering whether you could make a claim on their behalf. To be eligible to make a fatal injury claim following a care home death, the following criteria need to be met:

  1. The care home must have owed your loved one a duty of care.
  2. They must have breached this duty of care.
  3. Your loved one must have suffered a fatal injury due to this breach.

All care homes must operate to a minimum standard of care, and ensure that the treatment they provide to the care home residents meets this standard. This is their duty of care. Should a care home’s care fall below this minimum standard, and your loved one was fatally harmed as a result, you may be able to make a claim on their behalf.

Who Can Make A Claim?

The deceased’s estate can make a claim for the pain and suffering of the deceased, as stated under the Law Reform (Miscellaneous Provisions) Act 1934. They can also bring forward a claim on behalf of the deceased’s dependents. For the first six months following the deceased’s death, only their estate can make a claim. They are also the only party that can make a claim for the deceased’s pain and suffering.

If no claim has been made on their behalf by the state after six months, the deceased’s dependents can make their own claim for how the death has impacted them, as stated within the Fatal Accidents Act 1976.

To find out whether you may qualify as a dependent or to learn more about fatal injury claims, you can contact our advisors.

How To Prove A Wrongful Death Negligence Compensation Claim

In order to successfully claim compensation for death in a care home, you will need to go through certain steps and processes. We have set these out below for you to note down.

  1. You will need to be able to clearly show the facts surrounding the accident or injury which caused the death, and how this happened.
  2. Collect as much evidence of the circumstances leading to the accident or injury as possible. Collect a timeline to show how and when it happened.
  3. Ask any witnesses for their contact details so that they can also provide supporting evidence.
  4. Take photographs of the scene of the accident and injuries.
  5. Get a copy of the medical report which states the cause of death.
  6. Record any and all financial costs you have faced as a direct result of the person’s death. This could include the cost of a funeral or any lost income.

If you follow these steps you and the solicitor who works on your claim will have a better understanding of what happened and what type of claim you can make.

Once you have completed the steps above, you are ready to start making a claim. At this point, you can contact our specialist team to start getting the advice and help that you need. Our team will organise your free assessment. In this, we will look at the key details of what happened in your claim and start to gather together evidence of the accident and injuries.

No Win No Fee Claims For Incidents In Care Homes

Losing a loved one, especially a loved one whom you were financially dependant upon can be very difficult for your financial position. As such, many people can be put off the idea of making death in a care home compensation claim as it could further strain finances. However, using a no win, no fee service you will not have to make any payments unless and until your claim is successfully concluded. In the event that your solicitor can not claim compensation for you, you will not have to make any payments.

Making Wrongful Deaths With Accident Claims UK

Accident Claims UK have a highly experienced and skilled team of people who can help you to make a successful compensation claim. Our team are experienced in helping people to make care home death compensation claims and will treat you and your claim with the care and compassion you deserve.

You can contact us today by calling our dedicated team on 0800 073 8801. You can also send the details of your claim to us at You can view the full range of ways to contact us here.

Helpful Links

In this final section of our guide to care home negligence death compensation, we’ve included links to some other guides you may find useful.

Thank you for reading our guide about claiming for a care home death due to negligence.