When a loved one moves into a nursing home or care home, you are trusting the people who work there to look after them and to treat them with respect and kindness. Sadly, this is not always how things work out and, if you believe a loved one has been neglected or abused, it can be heart-breaking.
Where you have concerns about the care your loved one has received, it’s important to take action as soon as possible. Your first priority may be moving them to a different home, but you also need to make sure they get support for any physical injuries and mental distress they have suffered. This is where claiming compensation can make all the difference.
Securing compensation from the care provider who let your loved one down can allow you to pay for any medical treatment they need, counselling and other essential types of support to help with their recovery. It is also often the only way to get the answers you and your family need about what went wrong.
For more than 30 years, the team here at Devonalds have helped people in Rhondda Cynon Taff and Bridgend to seek justice for these difficult situations. With our expert assistance, you will have the best chance of getting fair compensation and the answers you deserve.
Why choose Devonalds for your nursing home or care home claim?
Families in Rhondda Cynon Taff and Bridgend have relied on our legal expertise for more than three decades. Most of our team were born and bred in the Rhondda Cynon Taff area, so we are truly passionate about getting the best outcomes for each of our clients.
You should feel totally comfortable when speaking to us about your claim. Please be assured that we will treat your case with sensitivity, empathy and complete confidentiality, and we will answer your questions clearly and honestly without needless legal jargon.
A dedicated member of our team will handle your case from start to finish and they will be available by phone and email whenever you have a question or need an update. That way, you will never be left in the dark about how your claim is progressing.
We aim to resolve claims with an early settlement out-of-court wherever possible, getting you fair compensation as quickly as we can, while keeping your legal fees and stress to a minimum. However, if court proceedings are required, we have the expertise you need.
Speak to us about starting a care home or nursing home claim today
For a friendly, informal discussion about whether you or a loved one may be entitled to compensation for care home or nursing home negligence, please contact your local Devonalds team in Bridgend, Pontypridd, Talbot Green, Tonypandy, Treorchy or Tylorstown.
How nursing and care home compensation claims work
Starting a claim for negligent care home or nursing home care
We offer a free initial consultation to review your situation, answer your questions and talk you through the claims process. We will give our honest opinion on whether we think you have a realistic claim and you’ll be under no pressure to pursue a claim with us afterwards.
No win, no fee care and nursing home claims
Most claims we handle are funded using a conditional fee agreement, more commonly called a ‘no win, no fee’ deal. This allows us to advise and represent you without you needing to pay anything upfront towards our legal costs.
There is no financial risk to starting a claim this way as you will only be charged our fees if your claim succeeds. It is also worth bearing in mind that, where we do win compensation for you, some or all of your legal costs may be met by the other side.
Proving care was negligent
For a successful claim, we will need to show that the care your loved one received was negligent i.e. that competent care providers would not have made the same errors.
We will gather various types of evidence to support your loved one’s claim, including:
- Care or nursing home records
- Medical records
- Examinations by independent medical experts
- Witness testimony
Thanks to our many years of experience and specialist training, we know exactly what is needed for a strong claim. We can therefore give you the best chance of an early settlement or a positive outcome if your case goes to court.
Valuing a negligent care claim
Working out how much compensation your loved one is entitled to us a critical part of any claim. This is often referred to as ‘assessing quantum’ or ‘assessing quantum of damages’ and will account for all of the financial and non-financial consequences for your loved one.
Compensation for negligent care services can cover issues such as:
- The cost of medical treatment, specialist care & equipment
- Pain and suffering
- Travel costs and other expenses
- Loss of amenity i.e. your loved one not being able to carry out activities they would otherwise have enjoyed
Time limits for claiming care home or nursing home compensation
The standard time limit for these types of claims is 3 years from the date you became aware of the negligence. However, in some circumstances a longer time limit may apply.
You may have longer to claim if:
The claimant was under 18 when the negligence occurred – Parents/guardians will have until the claimant turns 18 to pursue a claim on their behalf. Once the claimant turns 18, they will have a further 3 years (up until their 21st birthday) to bring a claim themselves.
If you are claiming for someone who died – The deadline is 3 years from the date of death.
The claimant lacks the mental capacity to pursue their own claim – There is no time limit for someone else to pursue a claim on their behalf.
If you are unsure whether you still have time to make a claim, please don’t hesitate to get in touch.
Reaching a settlement out of court
Thanks to our team’s strong skills in negotiation and Alternative Dispute Resolution (ADR) we can often secure out-of-court settlements for negligent care claims. This can allow you to get compensation for your loved one much faster with lower legal costs and less stress.
Taking your claim to court
We know most people would prefer to avoid going to court if possible, but if this approach is required, we will make sure you and your family have all of the support you need for every stage of proceedings.
Our team will carefully explain how your claim will be dealt with by the courts, what you can expect and the potential outcomes. We will then ensure you have the very best representatives for any hearings that take place, while giving you our personal support every step of the way.
Common questions about MRSA compensation claims
Can you sue a care home or nursing home for bad care?
Yes, if you can show that the care your loved one received was negligent. To do this, we will need to prove that:
- The care offered fell below national standards for safety and quality
- This led to a worse outcome for your loved one’s health, wellbeing and/or lifestyle than would have been expected with competent care
How long does it take to get compensation for negligent care?
There are no set time limits for resolving these types of claims and it can often take several years to achieve a positive outcome. However, where an out-of-court settlement can be agreed, claims can often be resolved a lot faster than if court proceedings are required.
Will I need to go to court to get compensation?
While a voluntary settlement is often possible, court proceedings may be needed should the care provider deny liability or fail to offer an appropriate level of compensation.
We have very strong experience with pursuing claims through the courts, so if this is the best way to get you the outcome you need, we can ensure you have all the legal and personal support you need for every stage of proceedings.
Can you claim compensation for fatal care home negligence?
If a loved one has died as a result of negligent care provision, there are no words that can adequately express the impact on you and your family. While nothing can bring your loved one back, it is common to want answers and to feel like the care provider should make recompense for the financial and practical consequences of their care failings.
In such cases, it can be possible for the deceased’s next of kin to secure compensation for issues such as:
- Funeral costs
- Medical costs
- Loss of benefits (e.g. pension rights)
- Loss of services (e.g. personal care support)
This compensation can make a real, practical difference to your life at this difficult time. You will typically have 3 years from the date of death to claim, so it is advisable to seek legal support as soon as possible.
Start a care home or nursing home compensation claim
For a friendly, informal discussion about whether you or a loved one might be entitled to compensation for negligent care in a care home or nursing home, please contact your local Devonalds team in Bridgend, Pontypridd, Talbot Green, Tonypandy, Treorchy or Tylorstown.