Compensation for falls involving the elderly

While falls can happen to anyone at any time, it’s undeniable that this becomes more of a worry for many people over the age of around 65. Although more older people than ever are working later in life; and many are increasingly able to pursue a vigorous social life while they can – their age means they may be more likely to trip and fall. They’re also more likely to suffer serious injury.

There are number of reasons for this, including:

• You’re more likely to suffer from osteoporosis when you’re older (particularly older women). This is a condition where the bones have lost their mineral density, making the bones significantly weaker. More than 3 million people in the UK have this condition
• Those suffering from dementia and Alzheimer’s are likely to suffer balance issues, they tend to pace and are often less aware of hazards
• Failing eye sight and hearing can make you more prone to falling
• Illnesses and medication can affect your sense of balance and your blood pressure

Though an elderly person is more likely to fall, that doesn’t mean you should accept it if someone else is to blame. This is why claims for compensation for falls involving the elderly are increasingly being made by the injured.

Elderly individuals are more at risk of injuries, but that doesn’t mean negligent parties shouldn’t be held accountable. While anticipated falls usually occur due to underlying conditions, accidental and unanticipated falls are avoidable.

Obstacles, wet floors, and other hazards can cause accidental falls. Many claims arise from these accidents, and negligent behaviour includes failing to use wet floor signs, not clearing obstacles, and causing obstructions.

Unanticipated falls can occur due to old age, but seniors in residential care should receive ongoing support. It could be considered negligence if management and residential staff don’t protect residents.

Unfortunately, if you or a relative is elderly, you’re far more likely to suffer serious injury when you slip or lose your balance and fall. If you’re suffering from osteoporosis, it’s more likely you will suffer a break or ‘fragility fracture’. It’s also true that if an elderly person suffers an injury as result of a fall, it can hasten a general decline in their health.

The elderly are also more likely to lose their confidence more quickly, so if someone trips or falls over, they could start to feel more fearful of going out; and become isolated and withdrawn.

NHS statistics on hospital admissions in England underline the disproportionate impact of trips and or falls on older people: in the year 2019-20 there were 518,502 admissions to hospital following slips, trips and falls (an increase of nearly 9% in three years). Most of these were elderly – and time spent in hospital can significantly reduce their confidence and sense of independence.

Unfortunately, older people who live in care settings are far more likely to fall than those who live at home. According to the Care Inspectorate, a quarter of those who fall in care homes suffer serious injuries; and 40% of hospital admissions from care homes result from a fall.

For a free consultation about claiming following a fall, call 0800 234 6438. Or, if you’d prefer, fill in the secure online form to arrange a call back.

If older people slip or fall, their injuries are likely to be more serious than if a younger person falls. Not only are they more likely to suffer bone fractures because of poor bone health, they are more likely to suffer further complications. The most common types of injury older people suffer after a slip, trip or fall include:

• Broken arms and ankles; broken hip and leg
• Head and back injuries
• Psychological problems
• Exacerbated existing conditions, such as blood pressure and dementia

If the injured person is elderly, they are likely to suffer far more serious injuries, possibly even death. They are also more likely to suffer a fast deterioration in their health and their life shortened as a result.

Falls in the elderly are not inevitable, even if they are more common. If you or a loved one has slipped, tripped or fallen – it is almost always because there was an additional risk factor. So, if you think someone else should be held responsible for the injuries suffered by a senior, it seems fair and reasonable that they should be entitled to make a claim for compensation.

Your compensation won’t undo what’s happened, but it will help you as you physically and emotionally recover from what can be a painful and frightening experience. Thankfully, most elderly slip, trip and fall injuries cases are settled before court action is required; but if a court hearing becomes necessary – your specialist solicitor will ensure the process is fully explained so that you don’t have to worry.

You can claim for your actual injuries, pain and suffering – including if you’ve suffered mentally as a result of your fall. How much compensation you receive would depend on various factors, including your age and your recovering time. To help your solicitor recover maximum compensation for you or an elderly loved one, a specialist medical or expert examination will be carried out to assess the injuries and their impact on your health and prognosis (covered by your no win no fee* agreement).

As well as compensation for your pain and suffering (known as ‘general damages’), you can also claim for your financial losses (‘special damages’). If, for example, you’ve torn clothing, and also had to pay out for medical treatment and travel expenses, you can claim these back as part of your compensation claim.

All this can be done on a risk free no win no fee basis, which means you will not have to pay out any legal fees or other costs if you’re not successful. Your specialist personal injury solicitors, regulated by the Solicitors Regulation Authority, can explain the injury claims process to you – just phone for free on 0800 234 6438 or fill in the secure online form to arrange a call back.

There are thousands of elderly people being cared for in care or nursing homes. These settings must be registered as service providers with the Care Quality Commission (CQC), which is England’s independent regulator for health and social care.

The CQC is responsible for inspecting care and nursing homes.  The standards expected of these service providers are called the ‘fundamental standards’, and they must not fall below this standard. The stipulations include that care must be appropriate and reflect the person’s needs, staff must have the requisite skills and, importantly, residents should receive safe care and treatment ‘in a manner which prevents avoidable harm’ – including from the risk of falling. For example, lighting should be adequate and residents’ footwear should be suitable for them.

It’s not hard to see why a care or residential setting must undertake a slips and falls risk assessment to minimise the risk of fall accidents. If older people suffer the types of falls common in care homes, eg slipping on spilt liquid; or falling over trip hazards, there is a high risk of injury.

So if you or a relative have suffered a fall in a care or nursing home, the likelihood is that these expected standards have not been met. If the way you or your loved one have been treated or looked after amounted to negligence, causing the injuries, you have an excellent chance to recover personal injury compensation.

Also, if a fall has happened in a care home, you or a loved one should consider making a formal complaint and check it’s centrally logged with the care provider. This should prompt managers to start putting further measures in place to reduce the risk of falling in future. However, though the NHS does have a clearly defined complaints procedure the situation is far from simple. The consumer champion for users of health and social care – Healthwatch England – has even gone as far as drawing up a list of calls for action, with demands which include:

• A single, fully funded complaints advocacy service
• A rise in the quality of complaints handling
• Every complaint, no matter how it is made or what it is regarding, to be centrally logged in order to build a comprehensive set of national metrics
• A government review of the entire complaints landscape

Experienced legal advisers are ready to guide you through the complaints and claims processes.

If anyone slips or falls in a public place such as a hospital, supermarket, train station, leisure centre – or even a park – and it was because of a breach of duty of care in relation to falls prevention, they ought to be held responsible for the injuries caused.

The Health and Safety Executive makes clear that the owners of public spaces have a duty to ensure all surfaces underfoot are maintained, monitored and cleaned in a manner which keeps them safe. This duty of care extends to customers and visitors – whether young or old – as well as staff, and is enshrined in legislation such as the Health and Safety at Work Act 1974 and the Occupiers’ Liability Act 1957.

These, along with other health and safety rules, stipulate, eg that spillages should be cleaned up as soon as possible; wet floors should be dried or prominent warning signs displayed; and that obstructions such as loose wire, stock and debris should be cleared away. Failure to do these things in a reasonable time may well constitute negligence.

The fact is, any business organisation and local authority has a legal duty of care to take reasonable precautions to ensure slips, trips and falls prevention. For example, a train station operator is responsible for clearing snow and ice on the platform to prevent slips; a supermarket must clear up spillages within a reasonable time period; and warning signs in relation to temporary hazards should be put in place.

So even if you’re an older person, you should not be at risk of injury by simply being out in public. And if you have tripped or fallen, it is important to find out if someone else should be held responsible for what has happened.

If you’re an older person, falling should not be seen as inevitable if you’re walking around outside. It doesn’t matter how old you are, local authorities owe you a legal duty to take reasonable steps to minimise the risk of hazards to pedestrians.

Slips and falls outside usually involve frozen surfaces or badly maintained pavements, such as uneven paving. If you’ve tripped or fallen while walking on the pavement, it’s likely the result of negligence. Explain to a specialist personal injury lawyer the details of what happened. They will ask you some questions and be able to determine whether the authority knew or ought to have known of the hazard and whether it should have taken action to minimise the risk presented to you and other pedestrians.

In most cases, it is not unreasonable to bring a claim when someone falls over trip hazards on the pavement.  Claiming the compensation you deserve will lessen the burden of your injuries and help you get back to living a full life as soon as possible.

If you’ve not already done so, do see a doctor to be checked over and receive medical treatment if you need it. Your medical notes will be important for your claim.

It’s also important to gather as much information regarding your fall as soon as you’re able. This includes details of any witnesses to what happened, such as a close family member or friend or passer by; any photographs of the scene and your injury; and whether a log of the accident was entered at the business or place where it happened.

Your solicitor will talk you through any information they need, so you need not worry too much at this point. However, do tell your solicitor if the emergency services were called, because this will be important to build a strong case on your behalf.

It is not uncommon for the elderly to be unable to make legal claims because they do not have sufficient mental capacity. However, this does not mean they lose their right to make a claim – and family members should still pursue the chance of claiming compensation for an injured elderly relative – which is their right.

If they do not have mental capacity to make their own claim, they are known as a ‘protected party’. As a relative, you can apply to be what is called their ‘litigation friend’ – allowing you to seek compensation for them on their behalf. Your solicitor will do this for you – and their claim can still be undertaken on a no win no fee basis. Call for free no obligation advice on 0800 234 6438 or simply fill in the secure online form to arrange a call back.

Importantly, call our phone number on 0800 234 6438 if you have suffered injuries caused by a manual handling accident. We can help you claim maximum compensation by bringing a no win no fee claim under a conditional fee agreement with specialist solicitors who are  authorised and regulated by the Solicitors Regulation Authority (SRA).