When Should You File a Slip and Fall Claim Against a Nursing Home?
When someone else was responsible for your slip and fall accident and injuries, you have the right to hold that party liable for your many losses. The first step in this process is generally to file an insurance claim against the negligent company or property owner at fault for your fall. When a slip and fall happens in a nursing home, you must file a claim against the insurance company of the facility’s owner.
Unfortunately, many nursing home insurance companies simply refuse to agree to a reasonable settlement, as they are trying to minimize payments to claimants whenever they can. Often, to protect their rights to the compensation they deserve, slip and fall victims must file a legal claim in civil court against the nursing home.
Dealing with serious injuries can be an overwhelming task in itself, and can be even more challenging if a victim has other mental or physical ailments. Receiving all necessary medical care can take plenty of time, and the physical pain and emotional trauma of an injury can be consuming. Understandably, it can be all too easy to put off calling an attorney to pursue a legal claim, as you do not want to add any more stress. For nursing home residents, some slip and fall victims may not have the mental capacity to take the first steps toward legal action or to understand their rights, so it can be up to family members or other loved ones to start the process.
If your loved one suffered injuries in a nursing home slip and fall, you should always realize that contacting a trusted New London personal injury lawyer can often reduce your stress, as they will handle every aspect of your case and seek financial recovery, which can ease the burden of medical bills and pain and suffering. You should never hesitate or delay in discussing a nursing home accident and injuries with an attorney.
How Slip and Falls Happen in Nursing Homes
Nursing homes—like all types of businesses or facilities—have the duty to ensure the premises are safe for residents and visitors. Nursing homes should also always provide residents with the care and attention that residents require. When a nursing home fails to abide by these duties, accidents can happen and residents can experience serious injuries.
Slip and falls are particularly common accidents in nursing homes. First, hazards can exist that make it more likely a resident may slip and fall. Second, nursing home staff can often fail to properly supervise or assist a resident who needs help moving around. The following are often reasons a nursing home may be liable for a slip and fall accident:
- Wet or slippery floors where residents will be walking
- Failing to have sturdy handrails along walkways and ramps
- Leaving items on the ground
- Not securing electrical or medical cords to the walls
- Not providing residents with canes, walkers, wheelchairs, or other assitive devices
- Not helping residents to the bathroom or around the facility
- Having rugs that can slip when walked on
- Having inadequate lighting in walkways or common areas
Failure to develop , follow and/or maintain an adequate nursing plan of care especially regarding the risk of a particular patient falling
These are far from the only conditions that may cause a nursing home resident to slip and fall. If the fall happened due to the negligence of nursing home staff, the company should be fully liable for all of the injuries and losses of the injured resident.
Common Nursing Home Slip and Fall Injuries
Slip and fall accidents can result in serious injuries to anyone. Older adults—as most nursing home residents are—can be particularly susceptible to severe injuries when they fall. Perhaps the most common injury is a fractured hip, which can be life-threatening for a senior. Many hip fractures require surgery, which could have many complications due to other health conditions. Recovery from a hip fracture or surgery can be lengthy and can result in permanent immobility for an older adult.
Some other serious injuries include:
- Head trauma and brain injuries
- Soft tissue tears and sprains
- Spinal cord injuries
- Severe bruising
- Internal bleeding
- Back and neck injuries
- Fractured wrists or arms
Do Not Wait to Call Our Attorneys
If you learn that your loved one has injuries because of a slip and fall accident at their nursing home, you should always take swift action. The evidence of a nursing home’s liability can quickly disappear, so it is important to have an experienced personal injury attorney handling the case as soon as possible.
First, an attorney will look into whether a nuring home may be held responsible for the slip and fall. This can include talking to the victim and witnesses, reviewing records, obtaining video surveillance footage, and more. If you allow too much time to pass before you seek legal help, memories can fade, videos can be erased, and records may even be falsified.
If our firm discovers evidence of negligence on the part of the nursing home, we will handle every step of the insurance process. We know how to take on corporate insurance companies to prove liability and obtain the compensation your loved one deserves for their preventable injuries.
If an insurance claim does not result in the settlement a slip and fall victim deserves, we can escalate the matter by filing a lawsuit in civil court. There are strict time limits for such lawsuits, and insurance claims take time, so you should always start the process as soon as you hear about a loved one’s accident at their nursing home.
Contact Our New London and Norwich Slip and Fall Attorneys for Help
At Polito & Associates, we are well aware of the many complications that can arise in nursing home slip and fall cases. We know how to gather evidence of liability and protect the rights of nursing home residents who suffered unnecessary injuries. Our legal team is experienced in handling insurance claims and lawsuits against nursing homes for negligence and abuse of residents. If you would like to schedule a free consultation, call (860) 447-3300 or contact us online today.