QUICK ANSWER
Care homes in Scotland owe a duty of care to every resident. If a resident suffers avoidable pressure sores, preventable falls, medication errors, or neglect, the care home may be liable for compensation ranging from £10,000 to £55,000+ depending on the injury. The time limit is 3 years under the Prescription and Limitation (Scotland) Act 1973. Scottish Claims Helpline handles care home negligence claims on a no win no fee basis — complete the short form for a free, no obligation assessment.
Concerned About a Loved One in Care? You May Be Entitled to Compensation.
Placing a family member into residential care is one of the most difficult decisions a family makes. You trust that they will be looked after with dignity, compassion, and professional competence. When that trust is broken — when a loved one suffers avoidable harm through neglect or substandard care — the anger and guilt can be overwhelming.
Scottish Claims Helpline handles care home negligence claims across Scotland on a no win no fee basis. Care homes are regulated by the Care Inspectorate in Scotland, and failures identified by the inspectorate can support a compensation claim. However, a compensation claim is a separate civil process — and you can pursue both a Care Inspectorate complaint and a legal claim simultaneously.
Claims can be brought on behalf of the injured resident, or by their family. Where a resident lacks mental capacity, a litigation friend can bring the claim under the Adults with Incapacity (Scotland) Act 2000.
How Much Could You Receive?
Compensation reflects the severity of the injury and the impact on the resident’s quality of life:
| Type of Injury | Typical Award |
|---|
| Grade 2 pressure sore — partial thickness | £5,000 – £10,000 |
| Grade 3/4 pressure sore — full thickness, hospital treatment | £10,000 – £45,000 |
| Wrist or arm fracture from a fall | £5,000 – £18,000 |
| Hip fracture from a preventable fall | £20,000 – £55,000 |
| Dehydration or malnutrition causing hospitalisation | £8,000 – £25,000 |
| Medication error causing serious harm | £10,000 – £50,000+ |
Based on Judicial College Guidelines for general damages (pain, suffering and loss of amenity) only.
That’s not all. On top of the general damages figure, you can recover all additional costs including hospital treatment, private nursing care, specialist equipment, and any increase in ongoing care fees resulting from the injury. In fatal cases, the family can claim solatium, loss of support and funeral expenses under the Damages (Scotland) Act 2011.
Who Can Claim?
The injured resident can bring the claim themselves. Where the resident lacks mental capacity, a family member, guardian, or welfare attorney can act as litigation friend and bring the claim on their behalf under the Adults with Incapacity (Scotland) Act 2000. In fatal cases, qualifying relatives can claim under the Damages (Scotland) Act 2011. You do not need to be the person paying the care fees to bring a claim.
Care Home Injury Claims — Frequently Asked Questions
Compensation depends on the injury. Grade 3 or 4 pressure sores requiring hospital treatment typically attract £10,000 to £45,000 in general damages. A hip fracture from a preventable fall can attract £20,000 to £55,000. Medication errors causing serious harm can attract substantially more. All care costs, medical expenses and financial losses are recoverable on top.
Yes. A litigation friend can bring a claim on behalf of someone who lacks the mental capacity to manage legal proceedings themselves. In Scotland this is governed by the Adults with Incapacity (Scotland) Act 2000. A family member, guardian, or welfare attorney can act as litigation friend.
3 years from the date of injury under the Prescription and Limitation (Scotland) Act 1973. For residents who lack mental capacity, the time limit may be suspended for the duration of their incapacity. In fatal cases, 3 years from the date of death. Contact us promptly to protect your position.
Key evidence includes the resident’s care records and care plan, medical records documenting the injury, photographs of injuries such as pressure sores, Care Inspectorate reports on the home, and witness statements from family members or other visitors. Your solicitor will obtain the care records from the home on your behalf.
Yes. A complaint to the Care Inspectorate and a civil compensation claim are entirely separate processes. You can pursue both simultaneously. In fact, Care Inspectorate findings can support your compensation claim by evidencing failures in care standards at the home.
Common care home negligence claims include avoidable pressure sores from insufficient repositioning, falls due to inadequate risk assessment or supervision, medication errors including wrong doses or missed medication, dehydration or malnutrition from inadequate monitoring, and injuries caused by insufficient staffing levels or untrained staff.
How Do I Start My Claim?
It takes 2 minutes. Fill in our short form and one of our specialist Scottish solicitors will call you back at a time that suits. They will listen to your concerns, explain your legal options, and advise on the strength of the claim — all completely free and with no obligation. If you decide to go ahead, everything is handled for you on a no win no fee basis from start to finish. You pay nothing unless you win.
About this page: Written by the Scottish Claims Helpline editorial team. Reviewed by a qualified Scottish solicitor. Last reviewed February 2026. Scottish Claims Helpline is authorised and regulated by the Financial Conduct Authority (
FRN 830381).