Re-claiming care home costs: Should you use a Solicitor, a claims handler, or do-it-yourself?

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Reclaiming care home costs can be done on a DIY basis, so strictly speaking there is no need to use the services of a specialist firm of solicitors like ourselves or indeed a claims handler. However, the process of recovering care home costs can be a complex one. It’s not as simple as claiming PPI for instance.

The down-side to using a specialist solicitor is the legal fees that will be incurred, but we would hope the outcome will justify the expense incurred. It’s worth remembering that not only can we recover care home costs already paid, but additional savings can also be achieved on future care costs.

No Win – No Fee funding

We offer 2 funding options. Clients have the choice of paying privately on the conventional hourly rate basis or alternatively opting for No Win – No Fee where we take a percentage of the care costs recovered. The benefit of the No Win – No Fee option is that you only pay if the claim succeeds. The drawback is that those legal fees could be higher than the fees that would arise on an hourly rate basis. Some people prefer to pay on the hourly basis and bear the risk of losing, but most opt for No Win – No Fee as a safer bet.

Where we are retained on a No Win – No Fee basis we do not require payment of our fees upfront. You are only liable for any expenses that might be incurred as the claim progresses, such as the charges made by health providers for medical records or any travelling expenses. Our fees for the work we undertake only become chargeable if the claim succeeds and are deducted from the care costs we recover.

Specialist Solicitor -v- claim handler

If you do decide to retain someone to act for you then the next question is what type of professional do you use.

The choice is broadly between a qualified solicitor and what is known as a claim handler. As solicitors we are regulated by the Solicitors Regulation Authority (SRA). This means you can contact the SRA if you feel the matter has not been handled appropriately or in the highly unlikely event you do not receive the money you are due. It also means that the firm will have full professional indemnity insurance and you will also be covered by the solicitors compensation fund.

Care costs claims handlers by contrast are not regulated – though some other types of claims handlers are. If you are not happy with the service the claims firm provides your only recourse would be to complain to Trading Standards. Moreover there is no guarantee they will be adequately insured or that compensation will be available if the case ends badly for you.

Free Legal Assessment

If you are contemplating a care home claim then we would recommend that you contact us for further details. You can send us an email with an outline of your case or alternatively you can speak on the phone to specialist solicitor Charlotte Mitchell by calling 0808 139 1606. Charlotte will be happy to answer your questions and talk things through with you on a free of charge, no obligation basis.