Last Updated On 3rd December 2025. Seeing our loved ones move into a care home can be difficult, but what reassures us is knowing that they will receive the support they deserve from a professional. However, this is not always the case, which can make the circumstances even more painful, especially if you end up losing a loved one. If your loved one suffered neglect in a care home resulting in death, we can explain how to claim with the utmost sensitivity.
Here at Legal Expert, we understand that nursing home neglect resulting in death can be devastating for families. Importantly, our solicitors can assist you with a death in a care home claim on a No Win No Fee basis. Guiding clients through the claims process with empathy and expertise is central to what we do. So, if you’re looking for experienced and compassionate legal representation, we may be the right fit for you.
The Burning Questions Answered
- How can care home negligence result in the death of a loved one? There are many potential causes, including medication errors, inadequate resident monitoring, and poor hygiene practices.
- How can deaths be prevented in care homes? Care homes can give careful attention to each resident’s needs, ensure there is regular monitoring, and provide robust staff training.
- What types of harm could cause the death of a loved one? Fatal harm can range from allergic reactions to head trauma.
- What evidence is needed to support a death in a care home claim? Evidence can include a copy of the coroner’s report, CCTV footage, and photographs highlighting the care home’s conditions.
- What services can a solicitor offer? They can help gather evidence, such as witness statements from residents or care home staff, negotiate with the defendant’s representatives, and translate complex legal jargon.
Contact us today to find out if one of our solicitors can help you secure care home fatal negligence compensation.
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Can I Claim For Neglect In A Care Home Resulting In Death?
If a loved one died while living in a care or nursing home, you could be eligible to seek compensation if you can establish negligence on their part. In tort law, negligence is defined in the following ways:
- A duty of care was owed to the resident by the responsible party (the care home).
- The care home breached this duty of care in some way.
- The resident suffered harm, injury or death as a consequence.
Residents in care homes are automatically owed this duty of care by the nurses and care assistants. Part of their duty is to provide a minimum standard of care. If the care falls below this standard and someone suffers unnecessary or fatal harm, the care home can be liable to compensate the family.
Legislation called the Health and Safety at Work etc. Act 1974 (HASAWA) and the Management of Health and Safety at Work Regulations 1999 (MHSWR) detail how care homes are legally responsible for the safety and health of staff and those affected by the activities of the business (as much as is reasonably practicable). Therefore, this includes care home residents.
If you would like more information on how to claim for neglect in a care home resulting in death please reach out to one of our advisors.
Who Can Make A Wrongful Death Claim?
For the first six months after the death of a loved one, the Law Reform (Miscellaneous Provisions) Act 1934 allows only the deceased’s estate to submit a claim on the deceased’s behalf. This is for the pain and suffering and financial losses (general and special damages) they experienced before death. They can also make a claim for dependants in the first six months.
Should no claim be brought by the estate in the first six months, the relatives of the deceased can bring forward a claim themselves for the impact the loss has had on their lives. This is detailed in the Fatal Accidents Act 1976. A claim can be made by certain qualifying dependants. This includes:
- The wife, husband or civil partner of the deceased, either current or former.
- Any person who lived with the deceased for 2 years before death as their partner.
- A parent or step-parent of the deceased, or anyone treated as such.
- A child or other descendant of the deceased, or a child treated as such by them (stepchildren from previous marriages/civil partnerships for example).
- The sister, brother, aunt or uncle of the deceased.
Dependants cannot make a claim on behalf of the deceased’s pain and suffering, only the estate.
You can take this opportunity to see if you qualify as a relative to bring a claim. Connect with our advisors to discuss wrongful death claims in detail by calling, emailing, or asking live support a question below.
How Can Neglect In A Care Home Result In Death?
Regrettably, without proper care standards in place, there are numerous ways that care home negligence could cause death to a resident. Here are some examples of what might give rise to a wrongful death case:
- Poorly trained care assistants drop an elderly and frail patient, causing them serious spine injuries or a broken hip from which they do not recover.
- A care worker may be guilty of elder abuse and leave a resident unattended in an emergency. The resident dies as a result.
- Hygiene standards in the care home are poor and a resident contracts a virus or bacterial infection that results in a fatality.
- Staff failed to detect an allergic reaction to a drug, and the resident succumbed to this.
How Can I Prove Care Home Negligence?
In order to fully prove care home negligence resulted in the death of your relative, you need to assemble evidence. This evidence needs to show that neglect prompted their wrongful death, so the following can be useful:
- A detailed record of the circumstances surrounding the death in a care home, including a timeline of events.
- Photographs from the care home showing any risks or hazards which contributed to or caused the fatality.
- The names of the nurses and care workers involved.
- A medical opinion of the injuries and cause of death. A copy of the coroner’s report and if necessary, the findings of an Inquest. Please note that whilst an Inquest can detail important factors about the death it will not apportion blame.
- Copies of any CCTV footage in the care home showing medical negligence or mistreatment.
What Compensation Can I Receive For Neglect In A Care Home Resulting In Death?
As stated, the estate can claim for the deceased’s general and special damages amounts. There is no hard and fast rule to compensation amounts in fatal injury claims. However, in successful care home negligence cases, amounts similar to those detailed in the table below may apply.
This excerpt comes from a publication called the Judicial College Guidelines (JCG) which legal personnel often refer to when calculating compensation. Please note, the first entry does not come from the JCG and we ask that you use our table as a guideline only:
Compensation Guidelines:
| Injury | Notes | Guideline Compensation |
|---|---|---|
| Fatality plus Add-on claims | This reflects compensation for the deceased's suffering, pain and financial losses as well as dependency payments. | Up to £550,000 plus |
| Paralysis - Tetraplegia/Quadriplegia | The upper end of this award bracket applies to people who experienced physical pain but ability to communicate and the senses were impacted. | £396,140 to £493,000 |
| Paralysis - Paraplegia | This bracket factors in age of the person, life expectancy and the extent of the pain experienced. | £267,340 to £346,890 |
| Brain Damage - Very Severe | Cases where the person displays no meaninful environmental responses, cannot communicate and requires full-time nursing care. | £344,150 to £493,000 |
| Injuries resulting in death - Full awareness. | Cases where there was full awareness for a brief period before the person fell into unconsciousness and died within a few weeks to 3 months. | £15,300 to £29,060 |
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Are Funeral Expenses Covered In A Successful Compensation Claim?
In addition to general damages and special damages, it can be possible to claim for funeral expenses, such as a headstone, flowers and a wake. Other amounts that dependants may qualify are for:
- Loss of Services – This relates to how the deceased helped around the house with DIY projects and childcare arrangements. Amounts such as these need to be quantified by a solicitor.
- Dependency – This refers to a loss of the deceased’s future earnings that impact the family income.
- Loss of Consortium – Refers to the role the deceased played as a significant and special person to the family as a whole. This award includes things that cannot be quantified elsewhere in the claim.
- Bereavement Award – The FAA also allows certain qualifying relatives to seek a lump sum of £15,120. If awarded, the amount is divided between all the people who claimed and can include a husband, wife or civil partner or someone who lived as a partner with the person for 2 years before they passed away. Also, the parents of an unmarried minor may apply, as might the mother of the deceased if the person was born out of wedlock.
How Long Do I Have To Make A Fatal Care Home Negligence Claim?
There are time limits in which to claim compensation for a care home death. As detailed in the Limitation Act 1980, this is generally 3 years starting from the date of the death or 3 years from the date of an Inquest or post-mortem (known as the date of knowledge).
Use A No Win No Fee Solicitor To Claim For Neglect In A Care Home Resulting In Death
If your relative has experienced neglect in a care home resulting in their death, then reach out to our advisors today for a free eligiblity assessment. Our solicitors can offer their services on a strictly No Win No Fee basis.
The type of contract offered by our solicitor is called a Conditional Fee Agreement (CFA). This contract puts the advantage firmly with the claimant, with benefits including:
- No fees to pay for the solicitor to begin work on your claim.
- No fees for that work during the actual claims process.
- And lastly, if the claim is unsuccessful, the No Win No Fee contract protects from any solicitor fees.
Compensation for the care home death will be awarded if the claim succeeds. A percentage of this compensation will be taken as the solicitor’s success fee. Since The Conditional Fee Agreements Order 2013 imposes a cap on these fees, you will keep most of whatever is paid out.
Get your free assessment today by talking to our advisory team. You can reach an advisor at any time using the contact information given here:
- Connect in person on 0800 073 8804 to see how care home negligence solicitors could help you.
- Complete the contact us form online.
- Chat to us through the live feature on this page.
More Resources About How To Claim Compensation
This guide focused on a care home negligence claim after a loved one died. These other articles offer additional reading:
- This guide looks at claims for bed and pressure sores caused by medical negligence.
- Here we look at how to sue a hospital for negligence.
External resources:
- Information on recent trends of deaths in care homes from GOV.UK
- Read about health and safety in care homes from the Health and Safety Executive (HSE).
- Learn about a bereavement award in this government resource.
In conclusion, we appreciate your interest in our guide. We hope it has shed light on the question ‘Can I claim for neglect in a care home resulting in death?’ For more free legal advice on care home fatal injury claims and how personal injury solicitors could help, get in touch.