Can you claim compensation for Personal Injury Suffered by Elderley Relatives in Care Homes?
Posted on 16th December 2019
Our loved ones work hard all of their lives, and, if they need caring for 24 hours a day, in later life, there are many wonderful care homes that can assist see them looked after in their twilight years. We all know that care fees can be exorbitant, with some costing thousands of pounds per month to look after the elderly and, at times, infirm.
It is at this point that, unfortunately, our team of local medical negligence and personal injury solicitors must advise that the care offered in many care homes, be they NHS or privately funded, is not always what we would choose for our loved ones.
The year is drawing to an end, but throughout 2019 alone, our team of personal injury solicitors in Lancaster and Preston, have successfully brought claims for compensation, arising out of Personal Injury, for patrons of care homes, that have been subject to mistreatment in one form or another.
In one instance, our medical negligence solicitors in Preston, secured compensation close to £100,000.00 after an elderly client fell from their bed, in a care home, as the sides of the bed, in place to stop our client from rolling out of bed, were not deployed, leaving our client free to fall. The inevitable happened, a personal injury was suffered, in the form of a broken hip, and an admission of liability was forthcoming, from the care home, admitting that negligence had taken place. The successful claim brought in this instance had a double-effect, in that it was more than sufficient to see that the client was properly compensated, and able to pay for extra home-help, and it was punitive in that the care home will most certainly be more careful next time.
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In another case study, one that MG Legal’s personal injury experts won, an elderly person was not in a position to feed themselves, or have hot drinks, without supervision from a trained member of staff at the care home. Unfortunately, they were left with a hot cup of tea, and ended up scalding themselves when they tried to have a drink. The relatives of the injured lady sought legal advice from our personal injury team, and we accepted instruction subject to a Conditional Fee Agreement, No Win No Fee, retainer. A formal letter of claim was written to the care home, and their insurers became involved immediately. Investigations were carried out, and our team obtained a geriatrician’s medical report, and settlement was agreed, without recourse to legal proceedings. The damages were such that our personal injury team instructed a barrister to advise on quantum (the value of the personal injury damages) in order that our team, and our client’s relatives were all on the same page, as it were.
The conclusion? Well, the family were obviously enraged about the injury, but more than happy that our solicitors obtained the best compensation for their relative.
Accidents do happen, and it’s certainly not nice when one of our elderly relatives is injured. Whilst MG Legal can’t stop accidents happening (although we think that by bringing a claim for personal injury, the at fault party will think twice about their actions next time), we can help build a better life for any injured client, by obtaining them personal injury compensation.
Our team of personal injury solicitors are approachable, all qualified (there are no personal injury ‘lawyers’ here), and are free for home visits, if this assists matters.
As always, please get in touch if you have any questions or queries of if you or a relative have been injured as a result of the negligence of care home staff.
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