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Last Updated 26th August 2025. Do you know a loved one who has suffered negligence at the hands of a care home? This could be in the form of pressure sores, medication errors or even shocking physical abuse or neglect. No matter what injury was caused you may want to explore the potential options available and would like to know how to make a care home negligence claim. This guide will provide you with what you need to know.
Care homes are there to help people who need assistance, and people staying there are often extremely vulnerable. It is important that family members are well looked after in care homes and that the correct standards of care are met. All care homes have various health and safety regulations that should be complied with.
We will look at how a claim could be brought, whether this can be done on someone else’s behalf and also the timeframe in which such a case should be started. In addition, we will also explain how compensation for this type of case is calculated.
Finally, we look at how our specialist care home negligence solicitors could help you using a type of No Win No Fee agreement.
If you would like to discuss your case or the potential case of a family member, you can reach out to us by:
- Call 0161 509 2856.
- Contact us online.
- Using the live chat on your screen.
Choose A Section
- What Are Care Home Negligence Claims?
- How Can Care Home Negligence Happen?
- Can I Make A Complaint Against The Care Home?
- Can A Care Home Negligence Claim Be Made On Another Person’s Behalf?
- What Is The Time Limit For Care Home Negligence Claims?
- How Much Compensation For Neglect In Care Homes?
- What Evidence Will I Need To Make A Care Home Negligence Claim?
- Can A Care Home Claim Be Made On A No Win No Fee Basis?
- Learn More About Making A Personal Injury Claim
What Are Care Home Negligence Claims?
As relatives age, they sometimes struggle to take care of themselves and their daily needs. To help solve this problem, their family may have turned to an NHS or private care home for a solution. The reasonable expectation is that whilst inside a care home, patients are well looked after by adequately trained and competent staff. Unfortunately, this is not always the case.
All staff who work in a care home owe those staying there a duty of care, and if this duty is not met and harm or injury is caused, then a claim for personal injury compensation could be made. The three requirements of any negligence claim are:
- A duty of care was owed
- This duty was somehow breached
- The breach caused harm
Legislation such as the Health and Safety at Work etc. Act 1974 (HAWASA) and the Management of Health and Safety at Work Regulations 1999 (MHSWR) detail the health and safety duties that are owed to care home patients by the management and staff working there. This includes things such as undertaking risk assessments and taking reasonable steps to ensure patient safety.
If sufficient steps are not taken and a patient becomes injured, the care home could be liable to pay damages. For more information about how negligence in a care home setting could lead to a claim for damages, contact one of our advisors.
How Can Care Home Negligence Happen?
Now that we have explained the duty of care owed by the staff in care homes to patients, we will look at some specific examples that could lead to a successful compensation claim.
Pressure Sores and Ulcers
Some patients in care homes are sadly unable to move themselves in their beds. The assistance of care home staff is needed to change their position to prevent bed sores. If the staff are inattentive a patient can be left for too long in the same position. When the skin is in contact with the same surface for too long then ulcers or pressure sores can form.
These types of sores can be extremely painful and lead to infections, which can be very dangerous for the elderly and infirm. A patient who has developed bed sores likely has a strong case against a care home as this is a preventable injury with proper care.
Injuries Caused By Abuse and Neglect
In the most serious of care home cases, a staff member can take advantage of a vulnerable patient and abuse them or deliberately neglect their care needs. If a patient is being physically abused, they may have unexplained bruising or be scared or upset when you visit. Any concerns you have should be dealt with as a serious matter.
It is possible for the staff to deliberately neglect the patients, for example, by refusing to help them go to the bathroom and leaving them in a soiled state. This could lead to urinary tract infections and other problems.
Prescription and Medication Errors
Occasionally, there will be basic human errors with medication that can lead to harm. These can include:
- Giving the wrong medication to the wrong person
- Failing to give the correct dose of medication
- Incorrectly concluding that the patient no longer needs their medication
When these types of errors lead to harm, then a case for negligence could be made.
Injuries Caused By Handling Errors or Falls
Some patients in care homes struggle with their mobility and are at great risk of slips, trips and falls. Given the increasing risk of fractures and broken bones as we age, it is important that proper care is taken. Some examples of negligence could include:
- Failing to risk assess a patient correctly
- Not providing appropriate mobility aides such as a walker
- Failing to provide sufficient supervision
- Staff performing their duties negligently, causing a patient to fall and break their forearm
To discuss any type of care home negligence, even if not listed above, please do contact us on the detail provided. We can offer a free case assessment.
Can I Make A Complaint Against The Care Home?
If you think someone you love has received substandard care or treatment from their care home, a potentially useful step is to complain about their treatment. This could be done by email or letter so there is a written record of the grievance. The complaint should be set out with all the relevant information to allow the care home to investigate.
You can request a copy of any complaints procedure which might give you the contact details of the person who deals with these matters. If you are dissatisfied with the conclusion of any investigation or your complaint goes unanswered, you can pass your complaint on to your local government ombudsman.
For further information about how to complain to a care home, reach out to one of our advisors.
Can A Care Home Negligence Claim Be Made On Another Person’s Behalf?
You can bring a claim on behalf of someone else if they lack the mental capacity to handle their own claim. Under these circumstances, a litigation friend can bring a claim on their behalf.
A litigation friend can be a responsible party, such as a son, daughter or other family member. There is no requirement that it must be a family member, and the court will approve any litigation friend as part of the court proceedings.
What Is The Time Limit For Care Home Negligence Claims?
A personal injury claim must be brought within 3 years of the harm suffered as set out in the Limitation Act 1980. The time period can run from the date you knew or reasonably should have known that the breach of duty caused harm.
There is an exception to this 3 year time limit that is potentially very relevant to care home patients. Where a patient lacks capacity, the time limit is paused and will only begin to run from the date they regain capacity. As discussed above, a litigation friend can act on the patient’s behalf, and they can bring a claim at any point.
To find out if you still have time to bring a care home negligence claim on behalf of someone else, you can call one of our advisors. We can take your call 24 hours a day.
How Much Compensation For Neglect In Care Homes?
Damages for personal injury compensation can be made up of two heads of loss. General damages to compensate for the injuries caused and special damages for the financial losses the injuries caused.
First, let us consider general damages. There will be certain factors taken into consideration such as the severity of the harm caused, how long it lasts and what the prognosis for the future may be. To help assess these things, sometimes a solicitor (if one is instructed) will arrange for an independent medical report. This can be used alongside a document called the Judicial College Guidelines (JCG).
The JCG gives compensation figure guidelines for different types of harm and injury. They are just guidelines but can help you think about the level of compensation typically awarded for different injuries. We have included an excerpt from the JCG below. Please note that the top bullet point does not come from the JCG.
Compensation Guidelines:
- Multiple serious injuries and financial losses – Up to £1,000,000 plus
- Brain injury – Very Severe – Little if any evidence of meaningful response to the environment, double incontinence and the need for permanent care – £344,150 to £493,000
- Legs – Amputation – Loss of both legs £293,850 to £344,150
- Abuse – Severe – Sexual and/or physical abuse that has occurred over a prolonged period of time and caused psychological injury – £109,830 to £183,050
- Pelvis & Hips – Severe (i) – Extensive fractures of the pelvis including a ruptured bladder and lower back pain – £95,680 to £159,770
- Pelvis & Hips – Moderate (i) – Significant injury to the hip requiring Hip replacement – £32,450 to £47,810
- Arms – Severe – Falling short of amputation but very serious injury £117,360 to £159,770
- Arms – Permanent Disability – Serious forearm fractures with permanently significant disability £47.810 to £73,050
- Knee – Severe (iii) – Continuing symptoms, limited movement, deformity – £31,960 to £53,030
- Wrist – Significant – Significant permanent disability £29,900 to £47,870
- Shoulder – Serious – Dislocation of the shoulder and damage to the brachial plexus £15,580 to £23,430
In addition to compensation for injuries, it may be possible to claim for out of pocket expenses caused by the injuries. These can include:
- Care costs
- Rehabilitation costs
- Treatment fees
- Mobility aids
To discuss any aspect of making a care home negligence claim, please contact one of our advisors.
What Evidence Will I Need To Make A Care Home Negligence Claim?
To make a strong care home negligence claim, it’s crucial that you provide evidence to support it. Essentially, you will need to prove that a third party breached their duty of care, resulting in the injuries or harm you or your loved one suffered.
As such, please see the following examples of evidence you could provide:
- CCTV footage. You have a legal right to request CCTV footage of yourself or on behalf of your loved one.
- Contact details of any potential witnesses who could support your version of events at a later date. For instance, family members or other care home residents may have witnessed the abuse or an accident. Consequently, they could provide an official statement to support the claim.
- Photographs or videos of the accident or your loved one’s injuries. For example, if you or a loved one has suffered physical injuries, it may help to provide visual evidence, such as pictures of bruises.
- Your or your loved one’s medical records which details the injuries or harm suffered. Any injuries or harm suffered will be recorded in an official capacity if you or your loved one received medical treatment for them.
- A daily symptoms diary which details your or your loved one’s injuries and the impact they had.
- Correspondence between yourself and the care home where you or your loved one experienced negligence
If you’re connected with one of our expert solicitors, they could help you with any evidence-gathering to secure neglect in care home compensation. To learn more about the different types of evidence you could provide, please contact one of our friendly advisors today.
Can A Care Home Claim Be Made On A No Win No Fee Basis?
Our solicitors are experts in care home negligence claims. They can help you in many ways, such as collecting evidence, filling in paperwork and handling all court correspondence. They can argue for all the damages that arise from the negligence and complete the case in a timely manner.
If eligible and your case is accepted, the solicitors here at Advice will offer you a Conditional Fee Agreement, which is a type of No Win No Fee agreement. The advantages that this offers include:
- As the case starts, there is no need to pay for upfront solicitor fees
- No ongoing solicitor fees need to be paid as the case progresses
- If unsuccessful, there are no solicitor fees to pay at all
At the conclusion of the case, and only if you win, will a success fee be due to the solicitor. This will be deducted from the compensation and is on a percentage basis. The size of the percentage that is deducted has a legal limit, and therefore, the claimant will keep the majority of the compensation. The percentage figure is also agreed upon with you before the case begins.
To learn more about how one of our experienced care home claims solicitors could help you with your, or a family member’s case, reach out to an advisor. There is no obligation to go past a free initial chat and we can be reached 7 days a week, 24 hours a day.
Learn More About Making A Personal Injury Claim
Here is some further information that might be useful to you:
- An example of a £17,500 payout for a fractured tibia.
- How to claim after a slip on a wet floor.
- Learn how to claim for medical negligence after poor treatment in a hospital.
Consider these external resources which could help you:
- Here is the vision and mission of the Royal Society for the Prevention of Accidents (ROPSA).
- Consider the Health and Safety Executive statistics (HSE) on accidents in various workplaces.
- Here are the ratings for the Care Quality Commission (CQC) in relation to care homes.
Thank you for considering our guide about care home negligence and how to claim on behalf of a loved one.
