Case study: £23,000 compensation for family after fatal accident in care home

Our personal injury solicitors helped a bereaved family seek compensation after a care home resident died following an avoidable and tragic fall.

Sarah and her husband approached our Personal Injury team following the death of her father (David) in a care home. Sarah had also instructed our Probate and Estate Administration team to advise on a claim on behalf of David’s estate.

Fatal accident circumstances

David had been a resident in a care home for approximately 12 months. He had been diagnosed with Alzheimer’s and was a known ‘fall risk’ to the staff at the home.

A risk assessment had been undertaken, and it was agreed that David should be placed in a room on the lower ground floor between two security doors. These doors were kept shut, and a keycode was needed to open them to ensure that David could not wander around the home unattended into areas that posed more of a risk to him.

On the day of the accident, the security doors had been left open, despite clear signs on the doors that they should be kept shut at all times. David left his room and wandered down the corridor. He was later found at the bottom of the staircase.

It is believed David fell backwards down the stairs sustaining a traumatic head injury, but there were no witnesses. David died in hospital the next day, within 12 hours of his fall. His cause of death was a traumatic head injury causing a brain haemorrhage.

Claiming for personal injury

Our personal injury lawyers took instructions from all three Administrators of David’s estate to agree on one contact to take instructions from during the claim. We worked with our Probate and Estate Administration team to obtain the relevant Letters of Administration; the cost of which we managed to recover as part of the personal injury claim.

Admission of liability and medical reports

We submitted a Letter of Claim to the care home’s insurers, alleging that they were negligent in leaving the safety doors open which posed a significant risk to residents of the home. The care home admitted liability for the fatal accident.

Our team obtained copies of David’s medical records to assist us in understanding the extent of his injuries, and to value the claim. The records evidenced that David sustained a “devastating head injury” which included a skull fracture. They also showed that there was no meaningful prospect of recovery and comfort-focused care was given until David passed away in hospital a few days later.

Financial losses

As part of the family’s personal injury claim for the fall, our specialist lawyers also obtained details of the financial losses incurred. These included:

• Statutory Bereavement Award under the Fatal Accident Act 1976 on behalf of David’s late wife;
• Funeral costs; and
• Probate fees (these are not usually recoverable, but we managed to recover the full sum back from the care home).

The total valuation of the family’s claim was assessed at just over £23,000. We submitted an offer of settlement to the care home’s insurers for the full amount which was accepted.

How our personal injury solicitors can help

If a loved one has passed away following an avoidable fatal accident, you may be able to claim compensation.

Our personal injury solicitors understand that no amount of compensation can bring your family member or friend back, and facing a legal process can seem daunting. While compensation cannot undo what happened, claiming on behalf of your loved one can provide financial help to fund funeral costs and support you in moving forward.

For a no-obligation chat with a member of our team, call 0117 325 2929 or fill out our online enquiry form and we will get in touch.