If your elderly spouse, parent, or another loved one was injured as the result of a fall in their care facility, they could have a personal injury insurance claim or lawsuit for financial compensation. Your loved one could sue a nursing home for a fall if the fall happened due to the negligent or careless actions of the nursing home, a member of their staff, or a fellow resident.
To sue the nursing home, their lawyer will be required to prove the negligence that caused your loved one’s fall. If you are the injured person, acting on your own, collecting evidence might be a daunting and emotionally charged process. When you hire a personal injury lawyer in your area to represent you, they are able to take an objective look at your case, compile and organize evidence, and establish the at-fault party’s financial liability.
In This Article
- What Damages Can I Sue the Nursing Home For?
- Review Your Nursing Home Fall Case Today
What Damages Can I Sue the Nursing Home For?
After your loved one is injured in a fall in their nursing home, a lawyer will request the following types of recoverable damages on their behalf:
- Emergency and ongoing medical care
- Various assistive medical devices
- Physical therapy and rehabilitation
- Impaired quality of life
- Physical and emotional pain and suffering
If your loved one succumbed to the injuries they sustained in a nursing home fall, we extend our heartfelt condolences. We consider it a special privilege to represent the surviving family members of wrongful death victims. We are dedicated to winning the compensation you need and the justice your departed loved one deserves. Your lawyer will explain the merits of a wrongful death case and which surviving family members qualify to file this type of action.
For a free legal consultation, call 516-932-0400
Is There a Time Limit for My Lawsuit?
Each state has a time limit — a statute of limitations — that governs personal injury and nursing home abuse and neglect cases. The lawyer who represents you will explain the statute of limitations in your state. If you fail to meet the filing deadline:
- The lawsuit you could have brought will no longer be available to you as a means of recovering compensation, as it will be dismissed without the substantive merits of the case (i.e., the fault of the nursing home and the harm it caused,) ever being heard.
- You will have lost, forever, the right to win the compensation you are entitled to and deserve.
Your lawyer will explain any factors that potentially lengthen or shorten the filing deadline. They will also ensure the statute of limitations is met and remove the risks of non-compliance.
How Dangerous Are Falls for Nursing Home Residents?
Falls — whether from the same level or from heights — are dangerous for anyone. Per Centers for Disease Control and Prevention (CDC) research, falls among senior citizens can cause serious physical and psychological harm. In addition to creating an ongoing fear of falling, nursing home residents might also experience:
- Social isolation
- Serious injuries
- Ongoing depression
- Temporary immobility
- Self-imposed immobility
- Anxiety and helplessness
A lawyer in your area will collect documents that prove the cause and the costs of your loved one’s fall. Your lawyer will also prove the physical, psychological, and financial aftermath of your loved one’s injuries.
How Do Falls Happen in Nursing Homes?
Sometimes falls among the elderly are due to instability or other issues related to aging. Falls in nursing homes might have one or more of the following causes:
- Inattentive staff
- Slick or slippery floors
- Faulty beds or bedding
- Medication side effects
- Limited or faulty lighting
- Defective flooring that has not been properly maintained or repaired
The lawyer who represents you will investigate the cause of your loved one’s fall and assign liability to the appropriate at-fault party.
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How Do I Prove the Nursing Home Was Responsible for the Fall?
To establish the nursing home’s liability, your lawyer will ask you to prove the facility:
- Owed your loved one a reasonable duty of care
- Breached their responsibility to provide it
- Caused your loved one’s physical injuries
- Caused your loved one’s financial damages
When you are represented by a personal injury lawyer, they will explain the process of proving these legally required components of negligence. Your lawyer will clarify the type of evidence your case requires and will collect and organize evidence on your behalf.
How Will I Get the Evidence I Need?
When someone you love is hurt in a nursing home you trusted to care for their daily and ongoing needs, gathering the evidence that substantiates your case could be an emotionally charged process. It could also be legally challenging.
A personal injury lawyer in your area who is familiar with state and local law, and with nursing home abuse and neglect cases, will understand the evidence your case requires. Your lawyer will also understand where to turn to collect evidence and how to legally obtain evidence.
Your lawyer will handle evidence collection for you while you focus on caring for and relocating your elderly loved one.
Review Your Nursing Home Fall Case Today
Was an elderly loved one injured in a fall in their nursing home? If the fall was caused by negligence, carelessness, or recklessness, you could sue a nursing home for the fall and for the physical and financial consequences of your loved one’s injuries. Our nursing home abuse lawyer at Friedman & Simon, L.L.P. will build a strong case for financial recovery.
Call for a free review of your case today.