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How to Claim Compensation for a Care Home Injury

UK’s aging population

Medical breakthroughs and better standards of living, particularly in relation to dietary awareness, mean that we’re all living longer than ever before. This is clearly a good thing, but it doesn’t come without some additional problems of its own. As our population ages more and more people have to spend their final years living in a care home. Physical and mental infirmity, allied to the more atomised nature of family life, mean that older people often simply don’t have the care they require at hand, and the professionals have to step in.

The standard of care provided

In the vast majority of cases the care offered by homes is excellent, with dedicated staff and comfortable surroundings helping residents to feel as well looked after as is possible. Occasionally, however, horror stories surface in the media of homes where residents are neglected or poorly treated, and where standards are allowed to slip well below what is acceptable.

If you face the prospect of placing an elderly relative in a care home then the chances are that you’ll be racked with doubt and a sense of responsibility. If something does go wrong, then, it’s only right that you should be able to seek compensation, either on your own behalf or on that of an elderly parent or other relative unable to mount their own case.

Guidelines covering the care of the elderly

The government sets forth strict guidelines outlining the standards which can be expected to be found in care homes. These guidelines include statements such as: residents can have visitors at any reasonable time, and if there are restrictions these are made known and explained to those concerned, and staff have knowledge and understanding of each individual resident’s usual conduct, behaviours and means of communication. Responses and interventions of staff promote positive outcomes for residents.


If the care home concerned falls below any of the standards set out then you could be well within your rights to seek compensation, and the same applies if the resident in question becomes injured or ill whilst in a care home and you feel that this was caused by negligence.

Using the services of an injury solicitor

If you feel that something like this has happened then contact a personal injury lawyer and provide them with the details of your case. This process will proceed far more smoothly if you can provide the maximum amount of information, which includes a full account of what happened, the names of any witnesses and the accounts of any medical practitioners who had to be summoned.

If your solicitor feels that you have a strong case then they will proceed on the basis of the fact that the resident of the care home has been neglected, and suffered as a result.

DID YOU KNOW: Most injury solicitors work on a no win, no fee basis, meaning there is no financial risk to making a claim

Any payment of compensation given will cover any out of pocket expenses the situation has brought about, as well as acting as an acknowledgement that the older person in question has been badly treated and compensating for any pain and suffering.

Residential care homes don’t come cheap and often represent the final abode of someone who’s spent their entire life working and raising a family. As such they should be held to the highest possible standards, and the right to seek compensation will help to ensure that this is the case.

Other Important Information

*No Win No Fee

  • Although all our cases are handled on a no win no fee basis, other costs could be payable upon solicitors request. These will be fully explained to you before you proceed. Most customers will pay 25% (including VAT) of the compensation they are awarded to their law firm, although this may vary based on individual circumstances. Your solicitor may arrange for insurance to be in place for you to make sure your claim is risk free. Termination fees based on time spent may apply, or in situations such as: lack of cooperation or deliberately misleading our solicitors, or failing to go to any medical or expert examination, or court hearing.
  • *Criminal Injury Claims

  • If you want to make a claim for a criminal injury, you are not required to use the services of a claims management company to pursue the claim. You can submit your claim for free on your own behalf, directly to the Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland).
About the Author

Nicola Laver LLB

Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.

When you submit your details, you'll be in safe hands. Our partners are National Accident Helpline (a brand of National Accident Law, a firm of personal injury solicitors regulated by the Solicitors Regulation Authority). They are the UK's leading personal injury service. Their friendly legal services advisers will call you to talk about your claim and give you free, no-obligation advice. National Accident Law may pay us a marketing fee for our services.

By submitting your personal data, you agree for your details to be sent to National Accident Law so they can contact you to discuss your claim.

If you win your case, your solicitor's success fee will be taken from the compensation you are awarded - up to a maximum of 25%. Your solicitor will discuss any fees before starting your case.