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At PSR Solicitors, we regularly encounter cases that reveal the emotionally difficult and legally complex nature of negligence claims—especially when the matter involves a death. Our Clinical Negligence department, based in Chester, was recently asked to investigate the death of an individual in a care home in Conwy, North Wales. The person had tragically passed away following complications caused by choking on a baked product. While the circumstances were distressing and raised serious questions about the standard of care provided, our role as solicitors is to assess not just what happened, but whether the law provides a viable route to justice.
This case brought into sharp focus the important and sometimes frustrating—limitations of negligence claims in England and Wales. The representative of the deceased’s estate approached us with understandable concerns and a desire to pursue legal action against the care home, suspecting that failings in supervision or risk management had contributed to the incident. However, our investigation had to go beyond determining whether negligence occurred. We also had to consider whether there were legal grounds to pursue a compensation claim and whether it would be financially viable to do so.
Right from the very first contact with PSR Solicitors I knew I was in safe hands.
One of the most difficult conversations we sometimes have with clients revolves around the statutory limitations on who can claim bereavement damages. Under the Fatal Accidents Act 1976, the law only permits certain individuals—such as spouses, civil partners, or parents of a deceased child under 18—to receive a fixed sum for bereavement. In this instance, there was no eligible individual under the statutory criteria. Although someone had been appointed to represent the estate, the absence of a qualifying relationship meant that no bereavement damages could be awarded.
We also considered whether there was potential to recover other financial losses, such as costs arising from the death. The only realistic avenue here was the recovery of funeral expenses. While legally valid, this type of claim is typically very modest in value.
In personal injury and clinical negligence law, legal costs are usually recoverable from the defendant if a claim is successful. However, the recoverability of legal costs is closely tied to the value of the claim. In low-value claims—such as one limited to funeral expenses—the legal costs can quickly outweigh the compensation potentially available. When this happens, even if negligence can be proved, the claim may not be financially viable to pursue.
At PSR Solicitors, we always act in the best interests of our clients, which means being transparent about these limitations. We had to advise the estate’s representative that, in the absence of a qualifying claimant for bereavement damages and given the modest scope of financial loss, the case could not proceed under current legal frameworks.
In situations like this, the principle of proportionality governs whether a claim can go forward. Even if there is a breach of duty and the potential to establish causation, the law requires us to consider whether pursuing the claim would be cost-effective and sustainable. This is not just a business decision—it is a legal necessity. Legal aid is no longer generally available for such cases, and private funding or no-win, no-fee arrangements are only appropriate when the claim has sufficient financial value to support legal costs.
The harsh reality is that some acts of negligence, while potentially serious and deeply upsetting, cannot be challenged through the courts if the legal system offers no adequate remedy or the claim cannot cover its own costs. This does not mean the suffering is any less real, nor does it imply that failings should be ignored. But the legal system, bound by statutory rules and practical limitations, is not always able to offer recourse.
We understand how painful it is for families to hear that nothing more can be done legally in the wake of a tragic loss. At PSR Solicitors, we pride ourselves on not just seeking compensation where it’s possible, but also providing honest and compassionate guidance when it is not. This case is one of many we see where the absence of eligible beneficiaries or the financial constraints of the legal process mean that a claim cannot be brought.
It is our responsibility to give clear, accurate advice—even when the conclusion may be disappointing. We take no satisfaction in turning people away, but we recognise that part of our professional duty is to prevent families from incurring unnecessary costs and emotional strain in cases that cannot succeed.
Negligence claims can provide essential redress for those harmed by professional failings, but there are strict legal rules about who can claim and under what circumstances. As the recent case in Conwy demonstrates, there are situations where negligence likely occurred, yet the law offers no route to a viable claim. Whether due to limitations on bereavement damages or the disproportionate cost of pursuing a low-value case, these scenarios are unfortunately not uncommon.
If you have concerns about the care a loved one received and want to understand whether a legal claim might be possible, we are here to help. Our experienced medical negligence solicitors offer honest, supportive, and expert guidance across North Wales, Cheshire, and the North West. Call us on 0800 020 9167 or complete our online enquiry form to arrange a confidential discussion. You don’t have to face these difficult questions alone—let us provide the clarity and advice you need.
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