The law
care providers must give care with reasonable skill and care, and meet regulated standards on safe care, dignity, nutrition and protection from abuse.
Who can claim
the injured resident, or a family member or friend acting for them if they lack the mental capacity to claim themselves. Families can also act after a death.
Time limit
usually three years from the injury or from when it was linked to poor care. The clock does not normally run while someone lacks mental capacity.
Raising concerns is separate from claiming.
You can report to the Care Quality Commission and local authority at the same time.
Cost
nothing upfront. We act on a No Win, No Fee basis.
What counts as a care home injury?
A claim may be possible where harm was caused by poor care or by a failure to follow proper standards. Examples include:
- Falls caused by poor supervision, missing equipment or hazards that were not dealt with
- Pressure sores that were not prevented, spotted or treated
- Medication errors, such as wrong doses or missed medication
- Malnutrition or dehydration
Injuries from unsafe moving and handling - Physical, emotional or financial abuse
- Infections that spread through poor hygiene
Not every fall or injury is negligence, and we will always tell you honestly where we think a claim is strong or weak. Care homes also have to take proper account of each resident’s risks, so what matters is whether the home did what a competent provider would have done.
Signs that something may be wrong
Residents cannot always tell you what has happened, so trust your instincts. Warning signs include:
- Unexplained bruises, cuts or fractures
- Sudden weight loss, or signs of dehydration
- Sores, or poor personal hygiene
- A change in mood, such as becoming withdrawn, anxious or frightened of particular staff
- Repeated falls, or staff who cannot explain how an injury happened
If you believe your loved one is in immediate danger, call 999.
Who can make a claim?
The resident can claim in their own name if they have the mental capacity to do so. If they do not, a relative, friend or other suitable person can act for them as a “litigation friend”, and any settlement must be approved by the court to protect them. If your loved one has sadly died, their estate and, in some cases, dependants may be able to claim. Please speak to us in confidence about your situation.
If the council arranged and paid for your loved one’s place, they may also have rights under the Human Rights Act 1998. We will explain if that applies.
What should you do if you are worried?
Make sure your loved one is safe and gets medical attention.
Write down what you have seen and been told,
with dates, times and names.
Photograph any injuries,
with your loved one’s agreement where possible.
Keep paperwork.
Care plans, incident reports, fee letters and emails with the home.
Raise your concerns
with the manager, and consider telling the local council’s adult safeguarding team and the Care Quality Commission. If you suspect abuse or a crime, contact the police.
Speak to us.
We can request care records and advise on a claim alongside anything else you do.
What can be claimed?
Compensation can recognise the injury and the pain and distress it caused. It can also cover extra care, medical treatment, rehabilitation, equipment, and costs your family has paid. Where a resident has been seriously harmed, we will look at specialist support and rehabilitation as well. See our compensation guide.
How No Win, No Fee works
It is the question we hear most, and it is a fair one. Your claim is made against your employer’s insurer, and it is a perfectly lawful thing to do. Employers must not treat you unfairly because you made a genuine claim. If something changes at work after you speak up, tell us at once. We will explain your rights and, where it falls outside what we do, point you to the right employment advice.
Your claim in four simple steps
Talk to us
Call or complete the form for a free, no-obligation chat about what happened.
We assess your claim
We tell you honestly whether you have a strong case, and what to expect.
We build your case
We gather evidence, arrange medical reports and deal with the other side.
You receive your
compensation
We negotiate a fair settlement or take your case to court if needed.
Care home injury claims: your questions answered
How long do I have to claim?
Usually three years from the date of the accident, or from when you realised your injury was linked to it. Different rules can apply to children and to people who lack mental capacity.
The other insurer has offered me money. Should I accept?
Usually three years from the date of the accident, or from when you realised your injury was linked to it. Different rules can apply to children and to people who lack mental capacity.
What if I have no idea who hit me?
Every case is different. It depends on the severity of your injury, your recovery and any financial losses.
Can I claim if the accident happened abroad?
Every case is different. It depends on the severity of your injury, your recovery and any financial losses.
Can I claim for my damaged car too?
Most claims settle without a court hearing. If yours does not, we will prepare you fully.
What if a child was hurt?
You can claim for lost earnings, and we will help you gather the evidence.
Talk to a solicitor today
Tell us what happened. It costs nothing, there is no obligation, and we will call you back within 2 working hours.