How Does a Lawyer Handle a Nursing Home Fall Matter?

In many cases, falls are a double-whammy for nursing home residents. Falls are one of the top reasons for admission to a long-term care facility. Falls are also one of the most common nursing home injuries. Usually, because falls cause such severe physical and emotional injuries, these victims cannot ever live independently again.

Physical fall injuries usually include broken bones and head injuries. Older people usually cannot fully recover from such injuries. Additionally, the fear of a subsequent fall turns many older adults into recluses. They withdraw from family and friends, accelerating their emotional deterioration. The inactivity also causes their muscles to atrophy, thereby accelerating their physical deterioration.

Due to the serious nature of these injuries, a Carlsbad slip and fall lawyer can obtain substantial compensation for nursing home fall victims in court. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Determining Liability Issues

An Oceanside personal injury lawyer must prove negligence, or a lack of care, by a preponderance of the evidence, or more likely than not. Building a case requires evidence, and the kind of evidence necessary usually depends on the kind of fall.

Property hazards often cause falls. These hazards include uneven walkways, poor lighting, and wet spots on floors. Legally, nursing home operators must establish and maintain safe and secure environments for their invited guests. If property hazards cause falls, the nursing home owner clearly dropped the ball.

Another person, likely an employee, could also cause a nursing home fall. Most long-term care residents are so physically fragile that a slight amount of force, like a tap or shove, causes a fall or another serious injury.

Legally, property owners are financially responsible for these falls as well, at least in most cases. Employers are legally responsible for any damages their employees negligently cause during the course and scope of employment. So, this doctrine covers “accidental” pushes and shoves. Another doctrine, usually negligent supervision, could apply if the push or shove was intentional.

Incidentally, when we say “intentional,” we mean the conduct was intentional. Intent to injure someone isn’t a requirement of a negligence case.

Part of building a negligence case includes preparing for possible defenses. Assume Taylor walked past a “Caution Wet Floor” sign, slipped on a wet floor, and fell. In many cases, Taylor would be responsible for her own injuries.

Nursing home falls are different. Many older people have poor eyesight. They cannot clearly see warning signs, especially if the light is dim. Additionally, many older people shuffle their feet when they walk. So, when they stumble, they almost always fall.

Resolving a Case

If an attorney diligently builds a case, the resolution process is normally downhill. Typically, students, or Oceanside personal injury lawyers, who do their homework also do well on tests. Usually, fall injury cases, and other personal injury matters, settle out of court.

A straightforward injury case might settle before an attorney must file legal paperwork. However, most nursing home fall matters are far from straightforward. We discussed some liability issues above. Additionally, out-of-state holding companies usually own nursing homes, a fact which adds another layer to an onion that’s difficult to peel in the first place.

Therefore, most nursing home fall cases settle during mediation. A mediator is a court-appointed professional who knows how to bring two sides together and help them agree on a settlement figure.

Furthermore, and perhaps more importantly,  the mediator enforces a duty to negotiate in good faith. During informal negotiations, defendants often make low-ball or take-it-or-leave-it offers which delay the settlement process. These tactics are impermissible during mediation. Therefore the civil mediation success rate in San Diego County is about 90 percent.

Work With a Dedicated San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Oceanside, contact the Pursley Law Firm. The sooner you reach out to us, the sooner we start working for you.

Source:

nfsi.org/nfsi-research/quick-facts/