Can I Claim for a Relative Injured in a Care Home?

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

Free Advice For Your Care Home Injury Compensation Claim

When you entrust a loved one to a care home, you expect them to be safe and treated with dignity, but if something goes wrong your first question may be ‘can I claim for a relative injured in a care home? This type of incident can leave families feeling devastated and looking for answers. In England and Wales, the answer is yes, you may be eligible to make a personal injury claim if your loved one has been hurt in a care home caused by negligence.

A recent Health and Safety Executive (HSE) investigation highlights just how serious these failings can be if negligence has occurred. In March 2026, a Selkirk care provider was fined after 86‑year‑old resident choked to death on food that did not meet his documented swallowing requirements. The HSE found that although staff had been trained in dysphagia and the IDDSI framework, the system failed on the day in question, resulting in the resident being served food that was unsafe for him to consume.

Sadly, choking incidents linked to improper food preparation or inadequate supervision may be more common than many families realise. This tragic case illustrates the kind of circumstances in which families may be entitled to bring a claim.

If you have an elderly relative who may have been injured due to possible negligent care in a care home, we work with reputable solicitors who offer a free, no-obligation consultation.

What Is Care Home Negligence?

Care homes have a legal duty to keep residents safe. This may includes:

• Preparing food in line with swallowing assessments
• Following IDDSI‑compliant texture‑modified diets
• Supervising residents who are at risk of choking
• Keeping accurate, up‑to‑date care plans
• Ensuring all staff, including agency workers, have a proper understanding of all residents’ needs

If these duties are not met and a resident is injured or dies as a result, the care home may be legally liable.

An example of this is the Selkirk case where the HSE found that the home failed to ensure a robust system for preparing and serving modified meals. Despite having a documented Level 5 “minced and moist” diet requirement, he was served beef that did not meet this standard.

Such findings are strong evidence in a compensation claim.

Can You Claim on Behalf of a Relative?

Yes, you can usually bring a claim if:

• Your relative was injured due to care home negligence
• Your relative lacks mental capacity to bring a claim themselves
• Your relative has passed away and you are a qualifying family member or executor

Claims can be brought for:

• Physical injuries
• Psychological harm
• Pain and suffering
• Loss of life expectancy
• Funeral expenses (in fatal cases)
• Loss of companionship (in some circumstances)

If the resident survives but lacks capacity, which is common in dementia cases, a family member can act as a litigation friend.

What Counts as Negligence in Choking Incidents?

Choking incidents in care homes are almost always preventable when proper systems are in place. Therefore, cases of negligence may include:

 Serving Food That Does Not Meet Swallowing Requirements

This was the central failing in the HSE’s investigation into the care home resident’s death. He required a Level 5 minced and moist diet, yet was served beef which did not meet this standard.

1. Lack of Supervision

Residents with dysphagia or a history of choking must be supervised during meals. Failure to do so can be fatal.

2. Poor Staff Training

Even if a care plan is correct, staff must understand and follow it. Agency staff must also be fully briefed.

3. Inaccurate or Outdated Care Plans

Care plans must reflect the latest speech and language therapy (SALT) assessments.

4. Systemic Failures

In its investigation report, the HSE emphasised that care homes must have robust systems to ensure the right food is served every time and not just when the “right” staff happen to be on shift.

If any of these failings contributed to your relative’s injury, you may have strong grounds for a claim.

What Evidence Helps Support a Claim?

Your solicitor can help you to gather the relevant evidence, which may include:

• Care plan for your relative
• IDDSI diet requirements
• Incident reports
• Witness statements
• Medical records
• HSE or CQC investigation findings
• Photographs or notes taken at the time

In cases where the HSE may have already prosecuted the care home, this can considerably strengthen a personal injury claim.

How Compensation Helps Families

Our team knows that compensation cannot undo the trauma of a choking incident for the family left behind, but it can:

• Cover medical treatment or rehabilitation
• Fund alternative care arrangements
• Provide financial support after a fatality
• Acknowledge the pain and suffering caused
• Hold the care provider accountable

We have seen that many families also find that bringing a claim helps prevent similar incidents happening to others.

How Long Do You Have to Claim?

In most cases, you have three years from:

• The date of the incident, or
• The date you first realised negligence was involved

For fatal claims, the three‑year period typically runs from the date of death or the date of the post‑mortem findings.

If the injured person lacks mental capacity, the time limit may not apply until (or unless) capacity is regained.

What to Do Next If You Suspect Negligence

If your relative has been injured, or worse, due to a choking incident in a care home, here are the next practical steps to take:

1. Request the Care Plan

This document will be central to understanding what should have happened.

2. Ask for an Incident Report

Care homes are required to record serious incidents.

3. Raise a Formal Complaint

This is important is it  creates a paper trail and may even reveal further failings.

4. Seek Legal Advice Early

A specialist solicitor can assess the strength of your claim and guide you through the process.

5. Preserve Any Evidence

Notes, photos, or even your own recollection can be valuable.

FAQs: Claiming for a Relative Injured in a Care Home

Can I claim if my relative died after choking in a care home?

Yes. Fatal accident claims can be brought by close family members or the estate. HSE findings can often provide strong evidence of negligence.

What if the care home says it was “just an accident”?

Choking is rarely regarded as “just an accident” if a resident has known swallowing difficulties. If food was not prepared correctly or supervision was lacking, this may indicate negligence played a role in the harm caused.

Do I need proof before speaking to a solicitor?

No. A solicitor can investigate on your behalf and obtain records, witness statements and expert opinions for you and your family during this difficult time.

Can I claim if my relative has dementia?

Yes. Dementia does not prevent a claim as a family member can act as a litigation friend if needed.

Will bringing a claim affect my relative’s care?

Care homes must not treat residents differently because a claim is being made. If you have concerns, your solicitor can advise on safeguarding options.

How much compensation could we receive?

This depends on the severity of the injury, the impact on quality of life, and financial losses. Fatal claims may also include funeral costs and dependency awards. Your solicitor will be able to provide an estimate depending on your specific claim.

Free Consultation

An relative suffering from an injury in a care homes is deeply distressing. If your relative has been harmed because a care home failed to follow their documented dietary or supervision requirements, you may be entitled to bring a claim.

We partner with a panel of highly experienced solicitors to handle this type of sensitive claim. They also offer a No Win, No Fee options so you don’t have to worry about upfront costs.

📞 Call us at 0333 358 3034 for a free, no-obligation chat
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This article provides general legal information and should not be construed as legal or medical advice. In all instances you should always consult with a medical professional around life expectancy questions.