When someone else is responsible for your or a loved one’s slip and fall accident, you have the right to hold that person or party liable for your injuries and other losses. But many nursing home insurance companies refuse to agree to reasonable settlements. However, you can still file a legal claim in civil court against the nursing home. If your loved one has been injured from a slip and fall accident that wasn’t their fault, you may know how overwhelming the experience can be, especially if the victim has an underlying health condition. Moreover, the medical care (and medical bills associated with it) can take a lot of time, money and the emotional trauma of the injury can take a toll on the victim and family members.
Consequently, many victims don’t think about taking legal action. Additionally, nursing home patients sometimes don’t have the mental capacity to contact a lawyer and begin the process. As a result, family members often have to get the job done by stepping and assisting a family member.
The Nursing Home’s Liability
Slip and fall accidents usually happen in nursing homes due to hazards and lack of nursing home staff supervision and practical assistance when helping patients who struggle to move around easily.
Here are a few circumstances where nursing homes can be held liable for slip and fall accidents:
- Wet floors where patients might be walking
- Having unstable handles and railings on ramps and staircases
- Leaving hazardous items on the ground, causing nursing home falls
- Leaving electrical or medical cords lying around
- Failing to help residents move around (to the bathroom and garden areas)
- Poor lighting in the hallways and other common areas
- Failing to provide patients with appropriate canes, wheelchairs, and other devices.
The Implications of A Fall For The Elderly
Slip and fall accidents can lead to severe injuries for anyone. However, the injuries and implications are often worse for older adults, especially nursing home residents. These residents are more susceptible to life-threatening injuries caused by falls. For example, if the nursing home resident gets a hip fracture, this might require surgery, leading to even more complications due to underlying health conditions. Moreover, the recovery process is often lengthy and can result in permanent immobility for an older adult.
Some common injuries include:
- Traumatic brain injuries
- Internal bleeding
- Severe bruising
- Fractured and sprained wrists, ankles, and arms
- Tissue tears
- Spinal cord injuries
- And more
Since older adults are frailer and recover slowly. Slip, and fall accidents can sometimes lead to death. Older adults also often experience more bleeding than their younger counterparts — even if it’s a minor injury. Excessive bleeding, head trauma, spinal cord injuries, and more can all lead to death for elderly patients.
Seek Legal Advice from A Personal Injury Law Firm
You need to act if your loved one has been injured from a slip and fall accident at a nursing home. The evidence of the nursing home’s liability can disappear before you know it, so it is crucial to contact an experienced personal injury lawyer to review the case as soon as possible.
How will this work?
The personal injury attorney must review the case and determine if he/she/they can make a case arguing that the nursing home is responsible for the slip and fall accident. This will include talking to the victim and witnesses, reviewing video evidence, and more. If too much time passes before you find a lawyer to review the case, memories can fade, videos can be erased, and records may even be falsified while the evidence becomes stale.
Call or email Sokoloff & Weinstein today to work with our expert slip and fall lawyers!