Care Home Negligence Claims
Death by negligence occurs when a medical or healthcare professional provides a poor standard of care which results in the wrongful death of the patient.
Death caused by negligence in care homes.
If you lost a family member due to medical negligence in the care home, you may want to seek legal action against those who acted negligently. We understand that this will never compensate for the loss of your loved one, however, this fee could go towards emotional well-being recovery and counselling sessions. There are two forms of wrongful death these can be deaths caused intentionally where the perpetrator has a purpose to injure and potentially kill the individual. Additionally, there is an unintentional act of wrongful death, this could be in the case of a medical professional acting negligently without the intention of causing death upon the patient. It is important to note, that regardless of whether the medical professional had intent in their negligence or not, they may be liable to be pursued for wrongful death by the deceased person’s family.
Who can be sued for death by negligence?
There are two types of death by negligence cases, the first is wrongful death caused intentionally and the second type is death caused by a medical professional’s negligence but was not the intentional outcome. Regardless of intent or not in the negligent act of the medical professional, they can be pursued by the relative of the deceased in a wrongful death case.
Who can sue for wrongful deaths on behalf of the deceased?
In the case of wrongful death, a close relative to the deceased could claim wrongful death on behalf of the deceased person. The deceased person’s relatives are entitled to make a death claim due to the medical professional’s negligence. This permit is in place in the case where the relative depended on the deceased person’s income and therefore is suffering financially due to the death caused by negligence.
We understand that the compensation won from a wrongful death case cannot rectify the wrongful loss of a loved one. However, we know it is a vital factor in helping the relative recover from this tragedy as it can help with the emotional and financial burden as it can be used for counselling sessions or household income.
How do I claim death by negligence in a care home?
If you have lost a family member due to medical negligence in a care home, you may want to seek legal action against those who acted negligently.
If you ask us to represent you, we will start by taking details of the event and assessing what has happened and who is responsible. We will assemble evidence supporting your claim and contact the relevant care home to advise them of the claim.
We will ask our medical experts to carry out examinations and write a report about your suffering. This will form the basis of your case.
If the other side admits liability, we will negotiate with them to agree on the amount of compensation to be paid to you. Where they deny liability or the amount of compensation offered is not sufficient, your case will go to court. We will ensure that you have our support throughout.
What can you receive for your claim?
As a result of a successful claim, you may receive:
Compensation for loss of financial support
Compensation for loss of inheritance
Damages for any pain and suffering, loss of companionship or loss of consortium
How can I finance a claim?
We know that funding a clinical negligence claim might be a worry, so we offer a range of options. These include:
Legal expenses cover
After the Event insurance (ATE insurance)
What is the time limit on a care home negligence claim?
For an adult, there is a three-year time limit for bringing a medical negligence claim. This is known as the limitation period. It runs either from the date of the negligent incident or the date that you became aware of the injury you suffered.
In the case of a child, the three-year time limit runs from the date of their 18th birthday.
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