It can be a troublesome experience if your loved one has suffered an injury due to a fall in a nursing home. We recognize that you are likely feeling angry and believe that the nursing home facility should have taken more steps to care for them.
You may wonder how to help your loved one recover compensation for their injuries. Our lawyers at Silva Injury Law can guide you through the entire process while your family member focuses on healing. Contact us today.
Potential Injuries and Losses
There are many injuries and losses from nursing home falls that could take place.
Some of these injuries might include:
- Back injuries,
- Head injuries, and
- Broken bones.
Falls can occur partly because elderly individuals may have underlying health conditions that makes them more susceptible to falls. But it may also be due to abuse or neglect on the part of the nursing home.
Someone who suffers a fall due to another’s negligence has the right to recover for all losses they have experienced as a result. These can include both non-economic and economic damages.
Noneconomic damages are intangible losses that do not have an immediately apparent monetary value. Under California law, non-economic damages include:
- Pain and suffering,
- Loss of consortium, and
- Emotional distress.
There are additional potential non-economic damages that may be available to you. Contact our experienced attorneys for further information.
This type of loss refers to objective, monetary damages. These include:
- Medical bills,
- Physical therapy,
- Surgical procedures, and
- Medical equipment.
Consider reaching out to our attorneys at Silva Injury Law if you have any questions. We can assist you in filing your claim against a nursing home.
Common Causes of Nursing Home Falls
A nursing home fall could happen due to a variety of typical causes.
If there are environmental hazards present, a fall is more likely to occur. These hazards can include:
- Inadequately fitted wheelchairs,
- Improper wheelchair maintenance,
- Improper bed height,
- Wet floors, and
- Inadequate lighting.
Such hazards, if present, make it possible that the nursing home or its staff carries some liability for negligence. For more information on how to file a claim against a nursing home, contact an experienced attorney.
Several medications can contribute to a nursing home fall. Some of these include sedatives, antihypertensive agents, and narcotics. Caretakers must distribute these medications properly and monitor residents as needed to protect them from harm.
Gait Problems or Muscle Weakness
If the resident has a problem with their balance, muscle weakness, or difficulty walking, this may increase the likelihood of a fall. Nursing homes should be aware of residents’ limitations and provide them the reasonable assistance they need.
Nursing Home Liability
If your family member suffered an injury, you might be able to hold the nursing home facility or staff liable. Most nursing home fall lawsuits are based on negligence. Our lawyers can help you to prove negligence on the part of the facility or employees at the nursing home.
You will have to prove every element of negligence to be successful on this claim: duty, breach, causation, and damages. The nursing home and the facility’s employees have a duty to provide reasonble care for every resident, including your loved one. You will need to show that they breached that duty and your loved one fell and suffered injury as a result.
To prove liability, it is helpful if you can keep any records you have from the facility. If you have additional questions regarding how to sue a nursing home for a fall, contact our accomplished attorneys today.
Nursing Home Settlements
A nursing home settlement can allow you to recover compensation for injuries to your loved one. It can also be less expensive and time-consuming than a trial. The compensation you can obtain in a settlement may include medical bills, pain and suffering, and other damages, as noted above.
The settlement amount can vary in a lawsuit for a nursing home fall. Many factors come into play when it comes to determining this amount. Because of the complexities involved, you should discuss your claim with a lawyer.
How Our Lawyers Can Help
Contact our attorneys at Silva Injury Law if your loved one has suffered an injury due to a fall in a nursing home. We can help you to file your claim against a nursing home and fight for you and your family. Our attorney has worked as the deputy district attorney for the Merced County District Attorney’s Office and has the experience you need to bring your claim.
FIND OUT HOW WE CAN HELP
At Silva Injury Law we promote healing through compassionate advocacy. With each case tailored to the individual, we look our for your best interests by evaluating your unique circumstances. Contact us today for a FREE in person or remote consultation.