Community care negligence claims

Community care negligence claims

For finding answers and getting justice

When you put your trust in community care workers to keep you in good health and they fail in their duties, the results can be devastating. Whether you have suffered serious physical injuries, emotional distress or both, you may be entitled to claim compensation for your experiences.

Community care negligence claims are vital because they can help to identify systemic failures and prevent other people from suffering under similar circumstances to yours. Not only could you receive compensation that can help to aid your recovery from your injuries and arrange care that is better suited to your needs, you’ll also receive accountability from the person or people responsible, and a sense that justice has been done.

Switalskis knows that harm from negligent community care negligence can be emotional as well as physical. When a failure happens in your home, as opposed to a hospital or other facility, the sense of betrayal is often much more acute. Not only will we take that into account when we calculate how much compensation you’re owed, but we’ll offer whatever support we can throughout the process. By bringing all of our resources to bear, we can make the process of seeking compensation as simple, straightforward and empowering as possible.

Speak to Switalskis today to learn what we can do for you, and whether you’re eligible for compensation, call us today on 0800 138 0458. Alternatively, you can get in touch through our website to discuss your claim.

How Switalskis can help you

At Switalskis, we have a strong track record of success in making community care negligence claims on behalf of people who suffered needless harm in a situation where they should have been safe. Our team members have received accreditations from The Law Society and Action against Medical Accidents (AvMA) in recognition of their expertise and the quality of service we provide in this area.

Our services are always led by our clients. We know that at the heart of every case is a person whose trust was betrayed, and who was let down by the people who were supposed to help. We begin the claims process with a detailed discussion of your situation and the circumstances you experienced. This offers us a chance to evaluate your eligibility to make a claim, but it’s also a chance for you to get things off your chest. Our solicitors are trained to provide emotional support alongside strong and practical legal advice.

Thanks to our experience, we can build a case that will give you the strongest chances of making a successful claim. We’ll stay focused on the outcome you want and deserve, so you can focus on what is most important: recovering from the physical and emotional effects of your injury.

Read what our clients had to say about the help they received from Switalskis

What is community care negligence?

In simple terms, community care negligence refers to any type of medical negligence that takes place in the home or in a community care centre, rather than a hospital or other medical facility. Community care workers, which include but is not limited to community midwives, district nurses, health visitors and their teams, have key responsibilities for their patients and there are a number of common ways in which they might fail, with potentially devastating results.

One of the simplest types of negligence is failing to provide suitable or adequate care. This might be because of serious errors like mistakes in administering medication, or more minor oversights, like carrying out inadequate assessments that don’t cover all of a patient’s needs or filling out paperwork incorrectly.

Other mistakes that can lead to an injury (and therefore a compensation claim) relate to neglect on the part of a care worker. Failing to meet a patient’s basic hygiene, nutrition or health needs, or to supervise them properly in cases where this is necessary, might be considered negligence that can result in a compensation claim.

Care providers must be provided with suitable training and correct equipment that functions properly. Any failure in this respect might mean that a business delivering care services is liable for an accident that happens as a result. 

If you were injured in a community care facility (such as a day centre or assisted living facility), or while under the supervision of a community care provider, and you feel that any of the above factors may have contributed, get in touch with Switalskis today. These are not the only examples of negligence, so if you’re unsure, contact us to learn more about whether you can make a claim.

Find out more about community care negligence claims and whether you’re eligible by contacting Switalskis on 0800 138 0458.

What is the process of making a community care negligence compensation claim?

The claims process is never one-size-fits-all, but our solicitors work hard to make sure it’s as easy as possible for you. Thanks to our expertise, we’re always ready to adapt no matter how the process unfolds. While it will change depending on the specific circumstances you’ve faced, there are several key milestones that we’ll always make sure to hit.

Step 1: Initial consultation:

Reach out to Switalskis for a free, no obligation initial consultation. During this meeting, we’ll listen to your story, understand your concerns and explain whether we think you have a strong case. If we decide to proceed, we can then discuss the next steps and the available funding options.

Step 2: Establishing your claim

We’ll gather all the relevant information we need to build your case. This will include applying for all of your medical records, including your GP records. We’ll ask you for photographs, receipts and any other documents that may support your claim. We’ll take a detailed witness statement to tell your version of events. We may arrange for you to be assessed by an independent medical expert to provide an unbiased view of your injuries and future prognosis. The aim will be to prove that the negligence was responsible for your injury and consider the potential value of the claim.

Step 3: Notifying the defendant

Once we have supportive evidence, we’ll send a letter of claim to the doctor and/or hospital involved. This will outline details of the claim and state allegations regarding the negligent treatment.

Step 4: Defendant response

The defendant will then have four months to investigate the allegations made against them and respond to the letter of claim. This response will include whether the defendant accepts they are at fault. If they do not accept fault, they will state this and we’ll advise you of the next steps.

Step 5: Settlement and compensation

If the defendant or medical practice has admitted fault, negotiations can start. Our community care negligence solicitors will negotiate on your behalf, using our expertise and experience to secure the highest possible compensation amount for you. At this stage, we’ll discuss how much compensation you may receive. This will be calculated to cover the pain and suffering caused by the negligence, as well as any financial losses or expenses you’ve experienced as a result.

Step 6: Court proceedings (where necessary)

Most claims will be settled through negotiation, without needing to go to court. In the rare instances where the case does go to trial, you can trust us to represent you throughout the process.

We’ll always try to simplify the process and bring everything to a conclusion as soon as possible. Sometimes, delays can be caused by the defendant - for example, if the community care provider responsible takes a long time to conduct an internal investigation and determine their liability. When claims have to go to trial, court schedules can also cause delays. However, we’ll remain just as committed to achieving justice for you at all stages of the process.

Are there time limits for community care negligence claims?

For most medical and care negligence claims, you have three years within which to begin the claims process. When negligence leads to illness or an injury, the three-year limit generally begins from the date that you experienced the negligence, or realised you have suffered harm as a result of the negligence. However, this can be ambiguous and it’s best to speak to a solicitor to learn whether you still have time to claim.

In some cases, there are exceptions to the three-year time limit. For example:

  • Children: If the person who suffered the negligence was under 18 at the time, the three-year period doesn’t start until their 18th birthday. This means they have until they turn 21 to start legal proceedings.
  • Mental capacity: If the person who suffered the negligence lacks mental capacity to make their own decisions, there may be no time limit to make a claim on their behalf.
  • Fatal cases: If you’re claiming on behalf of a deceased family member who passed away due to complications arising from community care negligence, the claim must be made within three years of the date of death, or the date of knowledge that negligent treatment caused their death.

It’s always best to act as soon as you can to avoid missing your chance to secure compensation. Get in touch with Switalskis at your earliest opportunity to discuss making a community care negligence compensation claim and get the process started.

Our community care negligence claims specialists

Photo of Suzanne Munroe
Suzanne MunroeDirector and Solicitor
Photo of Sarah Walker
Sarah WalkerDirector and Solicitor
Photo of Charlotte Reeves
Charlotte ReevesDirector and Solicitor
Photo of Kay Barnes
Kay BarnesDirector and Solicitor
Photo of David Thomas
David ThomasDirector and Chartered Legal Executive
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How is a community care negligence claim funded?

When you suffer because of failures in community care and you’re entitled to claim, financial considerations should never stand in your way. At Switalskis, we offer several ways to fund your claim that will allow you to pursue compensation without any risk of losing money. You may already have experienced financial losses due to your experience and we feel it’s important that you’re given the opportunity to recoup your losses.

  • No win, no fee agreement: Also known as a conditional fee agreement (CFA), this is the most common way to fund a community care negligence claim. Under a no win, no fee agreement, you won’t need to pay anything if your claim is unsuccessful. Our costs are written off. If you win your case, a percentage of your compensation will be used to cover our fees. This option allows you to pursue your claim without any financial risk, and we’ll discuss all of the potential costs with you upfront to avoid any surprises.
  • Legal expenses insurance: We’ll begin an insurance policy to cover you for the out-of-pocket costs we experience during the investigation. We have our own insurance provider that we use. However, you may have legal expenses cover as part of your home or car insurance policy, which can also be used to fund your claim. We’ll assist you in understanding your policy and liaising with your insurer.
  • Legal aid: In rare cases, Legal Aid may be available for clinical negligence claims, although it’s usually reserved for specific situations. Our team can guide you on whether you might be eligible.

When you call us, we’ll discuss all of these options and how they apply. That way, you’ll be able to choose the best option for you and enjoy the reassurance that you won’t have a huge bill to pay if your claim is unsuccessful.

Why Switalskis?

Putting yours or a loved one’s health and wellbeing in the hands of a community care service demands a large amount of trust. When that trust is betrayed and a vulnerable person doesn’t get the care they need, it can be hard to know where to turn. That’s where Switalskis can help. Our community care negligence solicitors are on your side, and can help you to claim compensation and put things right.

Here are the qualities that set our service apart and make us the perfect choice to support you through a community care claim.

Clarity in complexity

Making a claim can be confusing, as the legal processes involved are filled with complex language. Our solicitors prioritise communication and we’ll break everything down into the simplest terms possible to help you understand the decisions you need to make. This includes answering any questions that arise and providing regular updates on our progress, so you’ll always know how things are moving forward.

Empathy at every step

When you sustain an injury in community care negligence, the impact is often more than just physical. The emotional effects can be just as serious and you need a solicitor who understands the challenges you’re facing. Switalskis’ team is trained to provide emotional support to people in difficult circumstances, and we’ll do whatever we can to ease your burden through this tough time.

Expertise you can trust

Our solicitors are experts in making clinical negligence claims related to failures in community care. We understand the process in detail and have faced many of these circumstances before with clients who experienced similar situations to yours. That means we can tailor our services to your needs and make sure we take the right path towards a successful outcome.

Championing your rights

It can be difficult to speak up when you suffer due to the mistakes of a community care worker, but it’s important that your voice is heard. Switalskis will stand by your side and make sure your rights are upheld at all stages of this process, so you can achieve the justice and financial compensation you’re owed.

It’s important to choose a solicitor you can trust to handle a negligence claim on your behalf. Switalskis will take the time to understand your circumstances and build that trust, so you can put your faith in us to keep fighting for accountability on your behalf. Call us today for a free initial consultation where we can talk about your experiences in more detail.

We can support you in the following medical negligence situations

Find out how Switalskis can help you

To take the first steps towards justice after suffering the effects of community care negligence, get in touch with Switalskis today. Call us on 0800 138 0458 or contact us through the website to discuss your experiences and learn more about how we can help.

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