Care homes provide an essential lifeline for older adults and their families, supporting those who are unable to maintain full independence. Additionally, care home residents may have complex needs such as dementia or other conditions, requiring a higher level of care. Now, while standards are generally high, serious failures of care can occur. So, we’ve created this guide on how to claim compensation for neglect in a care home resulting in death.
Everyone at Advice knows what a difficult thing the death of a family member can be, especially when that death could have been avoided. So, whether you are a relative or the executor of the deceased resident’s estate, we do our utmost to give all eligible claimants the service and support they need. Helping gather evidence, explaining the more technical aspects of claiming compensation, and negotiating with the defendant’s solicitors on your behalf, our expert care home negligence solicitors can do all this and more.
For additional guidance, or to find out if you could make a fatal care home negligence claim, talk to our advisors today using the contact information provided here:
- Call our advisors on 0161 509 2856.
- Contact us online by completing a callback form.
- Click the live chat button on your screen now.
Chat With Us Today
Select A Section
- Who Can Claim For Neglect In A Care Home Resulting In Death?
- How Might Wrongful Death Result From Care Home Negligence?
- What Compensation Could Be Awarded For Fatal Care Home Negligence?
- Can Financial Losses Be Compensated After A Care Home Negligence Death?
- How Can I Prove Death Was Caused By A Negligent Care Home?
- What Are The Time Limits To Claiming For A Care Home Neglect Death?
- Why Claim For Neglect In A Care Home Resulting In Death With Advice?
- No Win No Fee Fatal Care Home Negligence Claims
- More Information
Who Can Claim For Neglect In A Care Home Resulting In Death?
Both the estate of the deceased care home resident, as well as certain qualifying dependents, could claim compensation for neglect in a care home resulting in death. There are 2 different laws under which a fatal care home negligence claim could be made, which we have explored below.
Who Can Claim Under The Law Reform Act 1934?
The Law Reform (Miscellaneous Provisions) Act 1934 gives the estate of the deceased the right to claim for the pain and suffering experienced, as well any financial harm experienced by the deceased prior to their death. An estate can also claim on behalf of any dependants where applicable. It should be noted that for the first 6 months prior to a wrongful death, only the estate of the deceased is permitted to initiate a claim.
Who Can Claim Under The Fatal Accidents Act 1976?
Once 6 months have elapsed, and if no claim has been made on their behalf, certain qualifying dependents may claim compensation for the effect the loss of their loved one has had on them under the Fatal Accidents Act 1976.
Qualifying dependents include:
- Spouses and civil partners, whether current or former.
- Persons who were cohabiting with the deceased for at least two prior to their death as their spouse.
- Parents or other ascendants with a parental relationship with the deceased.
- Children and other descendants who were treated as the deceased’s children. This includes stepchildren, as well as any children from previous relationships.
- Any siblings, aunts or uncles, or any of their children, of the deceased.
Who Is Entitled To Claim Bereavement Damages?
Qualifying dependents may claim the bereavement award under the Fatal Accidents Act. This is a lump sum of £15,120 that is split evenly between all relatives who apply for it. Spouses and civil partners as well as any persons who lived with the deceased as their spouse for at least 2 years prior to death are eligible for the award. While not relevant to our guide, the bereavement award can also be claimed by the parents of a deceased child who was unmarried.
To find out about seeking compensation after a family member, or a person you are acting for, died due to poor care in a nursing home, contact our dedicated advisory team today.
How Might Wrongful Death Result From Care Home Negligence?
A wrongful death that results from care home negligence, while a rare occurrence, can be caused by various circumstances. A few possible examples have been provided below but we want to caveat this section by saying that: first, we haven’t listed every possible scenario here, so make sure you get in touch to discuss your specific claim, and second, we know dealing with a suspected wrongful death is extremely difficult for all involved and that’s why our solicitors offer a bespoke service that is built around your specific needs.
Below, we examine where a claim for nursing home neglect could be made, including medication errors, abandonment and or even physical abuse. Possible instances of fatal elder abuse in a care or nursing home can include:
- Medical drug errors such as administering the wrong dose of medication due to errors in resident records or administering medication when there is a known allergy.
- Care home staff may neglect to change the position of immobile patients, resulting in the development of pressure sores and a fatal infection.
- In extreme cases, physical abuse of elderly residents can prove fatal due to their increased fragility.
- A resident could die from a heart attack, stroke, asphyxiation or another medical emergency if they are left alone for long periods, or wellness checks are not carried out during the night.
You can get further information on claiming for neglect in a care home resulting in death by talking to our advisors today.
What Compensation Could Be Awarded For Fatal Care Home Negligence?
Compensation awarded for fatal care home negligence can enter the hundreds of thousands, perhaps even more. The estate can claim for both the pain and suffering of the deceased, as well as any financial losses they incurred prior to death, paid out under general and special damages, respectively.
We’ll take a detailed look at special damages in the next section, but as for general damages, that’s explored below. Solicitors can refer to any relevant medical documents in conjunction with the Judicial College Guidelines (JCG) in order to calculate a possible general damages amount. These guidelines are often used by a range of legal professionals to assist in determining compensation values for various claims, and our solicitors are no exception.
Relevant compensation brackets from the JCG are set out here for your convenience; however, the first figure was not taken from the JCG publication.
Compensation Amounts
Please be aware that these figures are intended to act as guidance only.
- Fatality + Add-On Claims – Compensation for the pain and suffering of the deceased + any financial losses and dependency claims. – Up to £550,000 +
- Paralysis – Quadriplegia – There may be physical pain and an impact on the senses and ability to communicate, affecting the payout. – £396,140 to £493,000.
- Paralysis – Paraplegia – Payouts dependent on pain level, psychological problems, and impact on sexual function – £267,340 £346,890.
- Injuries involving Brain Damage – Very Severe – Little or no response to the environment requiring full-time care – £344,150 – £493,000.
- Injuries Leading to Death – Full Awareness – Where there is full awareness for a short period before unconsciousness and death within a few weeks to 3 months. – £15,300 to £29,060.
For further information on how compensation may be paid out in your particular claim for neglect in a care home resulting in death, talk to our advisors today.
Chat With Us Today
Can Financial Losses Be Compensated After A Care Home Negligence Death?
Yes, they can; the estate of the deceased can be compensated for financial losses after a care home death as part of the claim. Furthermore, the dependents can be compensated for the effect the death had on them. We have given various examples of such losses here:
- Medical expenses.
- Care home fees.
- Funeral expenses.
- A loss of consortium – also known as loss of a special person, payments for this aim to account for losses that cannot be quantified elsewhere. The loss of companionship or the impact on a familial relationship is not something that can be easily broken down to a number, but as with loss of services, the solicitor will determine a compensation amount that reflects the loss experienced.
We hope these sections offer a better understanding of how fatal medical negligence compensation amounts are determined. Whether you represent the estate of the deceased or qualify as a dependent, you can reach out to our advisors at any time for further guidance on the care home claims process. Talk to a member of our team today using the details given below.
How Can I Prove Death Was Caused By A Negligent Care Home?
You can prove that death was caused by a negligent care home by assembling a strong body of supporting evidence. We fully appreciate that this can seem quite daunting, especially on top of dealing with the death registration and valuing the estate. So, amongst the many other ways they can assist you, our solicitors can help you gather the right evidence to support your claim.
Some other important steps have been set out in the sections below.
Get Medical Help
At the first sign that something is wrong or the resident is found deceased, professional medical help should be sought. In the event of an unexpected death, an ambulance should be called. By seeking professional help straight away, medical records of this care will be generated, which in turn form part of your supporting evidence. Records from previous care can be accessed by the estate.
Gather Evidence
Here is a list of some supporting evidence that can be used:
- Any relevant medical records as stated above. The estate of the deceased can obtain copies of previous records, which can be a useful way of demonstrating neglect.
- Findings from the coroner’s inquest.
- Photographs of the deceased’s room, potential hazards in the care home and any visible injuries to their body.
- Take the names of the resident’s primary care team.
Keep A Record Of How The Avoidable Harm Has Affected You
If you suspect neglect of a relative, or the individual you are the named executor for, then it is a good idea to keep a diary of their time in care. Such records create a more personal picture of how the care home resident was feeling, and as well as a firsthand account of any signs of neglect.
Seek Legal Advice
Getting the right advice from an expert wrongful death solicitor will be very useful for the claim. Our advisory team can provide a free eligibility check and answer your questions about the wrongful death claims process. If your potential claim meets the requirements, you’ll be connected with one of the expert solicitors here at Advice. A solicitor could tell much more about the claims process, help you wade through the mass of important paperwork and negotiate with the defendant’s representatives instead of you having to do all this yourself.
Pay Attention To The Time Limits
Generally, there is a 3-year time limit to bring forward a compensation claim. Certain exceptions to this can arise which we discuss below so make you confirm with the solicitor what the relevant time limit is.
You can also refer to our guide about proving medical negligence. For more information on when compensation can be sought following a wrongful death in a care home, speak to one of our advisors today.
What Are The Time Limits To Claiming For A Care Home Neglect Death?
The time limits to claim for a care home neglect death are, as we said above, usually 3 years, and counted from the date of death. However, it may not be apparent right away that it was failure to meet standards of the care that caused the wrongful death. So, in these instances, the limitation period may also be counted from the date of knowledge where the coroner’s inquest has concluded.
Further information on the time limits can be found by reading our guide on the topic, or you can speak to our advisory team for additional guidance. Talk to us today using the contact information given below.
Why Claim For Neglect In A Care Home Resulting In Death With Advice?
When you claim for neglect in a care home resulting in death with Advice, you gain access to highly experienced and successful expert solicitors who can offer a range of services and support. The customer team at Advice can provide a free, fast and zero obligation eligibility check to anyone who gets in touch with us. We will never waste your time and can tell you within a few minutes if your potential claim is valid.
If eligible, our advisors will put you through to the right solicitor to take on your claim. Here are just some of the ways the solicitors we work with can support a potential claim and the services they can provide:
- Offering eligible claimants strictly No Win No Fee terms and being as clear as possible about the costs of seeking compensation.
- Assisting you with collecting supporting evidence.
- Communicating with the defendant’s representatives and keeping you informed of how the claim is progressing.
- Explaining all the technical legal language.
- Calculating a fair compensation figure for the claim.
- Negotiating the payout with the defendants.
Further information on what we can do for you can be sought from one of our friendly advisors. Contact the team today using any of the contact information provided below.
No Win No Fee Fatal Care Home Negligence Claims
Our solicitors know what they’re doing when it comes to No Win No Fee fatal care home negligence claims, and this knowledge and experience can greatly help you. As we said in the previous section, they work to clear No Win No Fee terms, offering eligible persons their services under a Conditional Fee Agreement (CFA).
A CFA protects claimants from having to pay any service fees to the solicitor both at the beginning of the claim and as it moves forward. You also won’t owe any service fees if the claim fails. Now, if the claim is won, however, a success fee will be deducted from the compensation by the solicitor. These fees are taken as a percentage of the compensation, and this percentage is restricted to a maximum of 25%. Since this cap is legally binding, as per The Conditional Fee Agreements Order 2013, most of any payout you receive will be yours to keep.
Contact Our Advisors To Begin A Claim
For additional guidance, or to find out if you could make a fatal care home negligence claim, talk to our advisors today using the contact information provided here:
- Call our advisors on 0161 509 2856.
- Contact us online by completing a callback form.
- Click the live chat button on your screen now.
More Information
You can find some of our other medical negligence claims guides on our website by clicking below:
- Find out how to report a nursing home with this guidance.
- Learn more about making a claim for a hospital acquired infection here.
- Read our guidance on prescription error claims and find out when you could be eligible to claim compensation.
We also hope that these external resources will be useful to you:
- Find out how to complain about a service or provider from the Care Quality Commission.
- The government has published this guidance on how to report abuse of an older person to the relevant authorities.
- Read this NHS resource on care homes on their website.
Thank you for reading our guide to claiming for neglect in a care home resulting in death. To find out if you are eligible to make a nursing home negligence claim, or to for more information, contact our advisors using the details given above.
