Hospital and Care Home Fall Injury Claims
For elderly and vulnerable people, a fall can have serious consequences, including pain, loss of mobility, reduced confidence and independence, and even death. Where a fall occurs in a hospital or care home due to negligence, claiming compensation can therefore make a big difference to your ongoing quality of life.
If you or a loved one have been injured as a result of a fall due to hospital or care home negligence, claiming compensation can help cover any costs incurred and provide recompense for pain and suffering and other non-financial consequences.
Wolferstans’ medical negligence solicitors have many years of specialist experience with fall injury claims, meaning we know exactly what to look for when building your case. With a strong track record of success, we can give you the best chance of achieving the compensation you or your loved one need to be able to move on.
We have a particular focus on non-confrontational dispute resolution, which means we can often resolve claims outside of a court hearing. This not only saves you the stress and uncertainty of having your case dealt with by a judge, but it is also usually considerably faster and less expensive.
Our team can offer a highly accurate estimate of your claim’s value, based on our extensive experience with fall injury claims. This is incredibly important as one of the biggest risks with any compensation claim is that of settling for less than you are truly entitled to. An accurate valuation protects you from that risk, allowing you to be confident that you are not missing out.
We offer a free initial no obligation consultation during which we will be able to tell you if you have a claim worth investigating further.
To arrange your consultation please contact the new client team on 01752 292204.
Our compensation service for falls involving the elderly
We work with elderly and vulnerable clients and their families on claims involving falls in care homes and hospitals throughout England and Wales. This includes claims related to:
- Failure to identify patients at risk of falls
- Inappropriate management of conditions leading to an increased risk of fall
- Failure to maintain a safe environment, leading to increased risk of falls
- Failure to properly monitor patients and care home residents at risk of falls
- Negligent follow-up care after a patient/resident has experienced a fall
- Premature death due to the after effects of a fall
Read about some of the cases we have successfully pursued in relation to care home and hospital fall injury claims.
How care home and hospital fall injury claims work
Our clinical negligence lawyers provide clear, empathetic advice and support to make every step of the compensation claim process as easy and straightforward as we can.
A typical hospital or care home fall claim will involve:
- Building your case e.g. applying for medical records, collecting witness evidence and consulting independent medical experts.
- Contacting the relevant healthcare provider with the details of your claim.
- Ensuring the defendant responds to your claim in a timely fashion.
- Assessing the defendant’s response and advising you of your options.
- Negotiating with the defendant and/or using alternative dispute resolution (ADR), such as mediation or independent evaluation, to secure a settlement.
- Submitting your claim to the relevant court and representing you at a court hearing where required to resolve the matter.
Find out more about the process of making a clinical negligence claim.
Funding a compensation claim for falls involving the elderly
When you believe you have grounds for compensation following a fall, worries about how to fund your claim should never be a reason to put off seeking legal advice. Our promise is that, as long as we believe you claim has a reasonable chance of success, we will help you find a suitable way to fund it.
Typically, this will mean using a ‘no win, no fee’ arrangement, also called a ‘conditional fee agreement’. This allows you to start a claim without needing to contribute anything towards legal fees and expenses at the outset.
With a no win, no fee fall injury claim, you only have to pay our legal fees if your claim is successful, with the amount you pay being based on a percentage of the compensation secured. That means there is no financial risk to you and you will always get the maximum benefit from a successful claim.
Depending on your circumstances, you could also consider legal expenses insurance to fund a fall injury claim. This is an optional extra with many home insurance policies, as well as some bank accounts and credit cards.
To discuss your options for covering the cost of a hospital or care home fall injury claim, please don’t hesitate to get in touch.
Find out more about funding a medical negligence claim.
Our expertise in compensation claims for falls involving the elderly
We regularly help elderly and vulnerable clients and their families to pursue compensation in relation to hospital and care home falls. We offer a compassionate, understanding and straightforward approach, making it as simple as possible for you to claim the compensation you are entitled to.
Wolferstans is accredited by the Law Society for Clinical Negligence, recognising our particular expertise in this area. We are also Lexcel accredited by the Law Society for excellence in legal practice management and client care.
Various members of our medical negligence team are also on the Law Society and AvMA (Action against Medical Accidents) Specialist Clinical Negligence Panels and have been accredited by APIL (Association of Personal Injury Lawyers) as Clinical Negligence Specialists and Brain Injury Specialists.
Find out more about our medical negligence claims team.
Read our client testimonials.
Common questions about care home and hospital fall injury claims
If you are making a claim for yourself, you will typically have 3 years from the time the fall occurred or the time when you realised it was due to negligence (if this was later).
However, if you are making a claim for someone who does not have the mental capacity to do so themselves, there is normally no time limit for you to bring a claim.
Where a loved one has died following a fall at a hospital or care home, you will normally have 3 years from the date of death to make a claim on behalf of their estate and dependants.
Knowing which time limit applies and whether it has expired can be complicated, so it is always a good idea to speak to a specialist medical negligence lawyer with experience in fall injuries no matter how much time has passed.
You can typically claim for specific costs associated with the injury as well as for non-financial issues, such as pain and suffering and lifestyle changes caused by the fall.
These are divided in two types of damages:
Special damages-covering financial costs incurred as a result of the fall injury up to the date of settlement. This could include the cost of medical treatment, other care costs and buying special equipment needed to cope with injuries sustained.
General damages-covering foreseeable future costs (such as paying for on-going care) and non-financial losses such as pain and suffering.
To claim compensation for a hospital or care home fall, you need to be able to show that the fall was the result of negligent care given by staff at the hospital or care home.
This will typically involve various pieces of evidence, including medical records, staff records, witness evidence and evidence from independent medical experts.
Establishing negligence in these types of cases can be complex, so it is essential to work with lawyers with specific experience in fall injury claims to ensure the strongest chance of a fair outcome.
Further information about compensation claims for falls involving the elderly
For more information about hospital and care home fall injury compensation claims and all types of medical negligence claims, please take a look at our news, blogs and our series of helpful leaflets covering specific issues.
Start a hospital or care home fall injury claim with us today
To arrange a free initial no obligation consultation and find out more about starting a compensation claim for a fall injury due to negligent care home or hospital care:
To arrange your consultation please contact the new client team on 01752 292204.