Falls in nursing homes are common and in some cases, they are caused by the negligence of the workers at the institution. A nursing home can be held liable if a person in their custody is injured as a result of a fall. However, getting the right compensation can be tricky if you fail to produce sufficient evidence to prove that your injury was caused by the center’s negligence.
Read on to learn how to get compensated after a fall in nursing homes.
Nursing Homes Owe a Duty Care to All Residents
All the residents in a nursing home are entitled to get duty care from the staffers at the institution. These facilities must adhere to certain federal requirements given that elderly people are vulnerable. Therefore, all the assisted living centers are held liable for the safety of all the patients living in their centers. If you are injured in a nursing home, you should seek compensation since the owners owe you duty care.
Report the Injury to Responsible Authorities
The first thing that you must-do if you are injured in a nursing home is to report the incident to responsible authorities. You need to explain everything that transpired to assist the person in charge to write a report. You must also gather supporting evidence to prove that your fall was caused due to negligence by the staff or the hazards on the premises. If possible, you can take photos of the area where you were injured that can be used by the insurance company to determine the settlement you deserve.
Hire a Professional Injury Lawyer
If you want to increase your chances of getting fair compensation after a fall in a nursing home, it is vital to enlist the services of a professional lawyer. If you live in a state where the crime rate is higher than average, such as Virginia, several injury attorneys could represent you when you get injured in a nursing home. When you hire a Richmond personal injury lawyer, you can get peace of mind since they are committed to ensuring that the victims get justice. Seasoned injury lawyers know how to handle such cases, as they have several years of experience in the field. The owners of the nursing home may deny the responsibility for your injuries, but with sound legal advice, you can win your case.
The other advantage of hiring a professional lawyer is that they can file a lawsuit if you fail to settle with the owners of the nursing home. It is not easy to win a court case without getting assistance from a professional attorney. Lawyers know the language used in courts, and they can also help you to compile sufficient evidence to support your case.
Types Of Negligence In Nursing Homes
There are different forms of negligence that you can hold the nursing home accountable for if you are injured as a result of a fall. You must prove that the institution’s negligence contributed to your fall so that you get a fair settlement. The following are examples of non-performance of duty that can lead to falls in assisted living facilities:
- Inattentive staff
- Understaffing
- Dangerous conditions around the nursing home
- Poor maintenance
- Lack of effective prevention fall program
All nursing home administrators must take appropriate action so that they can protect all the residents. The nurses must write reports for all the cases of falls in their institutions.
Types of Compensation You Can Get
If your loved one is injured as a result of a fall in a nursing home, they are eligible to get compensation for damages. However, getting a fair settlement can be challenging, and this is the main reason why you need legal representation as outlined above. You may recover compensation for the following:
- Medical expenses
- Rehabilitative care
- Pain and suffering
- Permanent physical injuries
- Relocation costs to other nursing homes
- Wrongful death in case of your loved one
You must support your claim with solid evidence so that you get the compensation you deserve.
Nursing homes primarily offer special care to the elderly with different conditions that include memory loss, and most of the inhabitants are not physically fit. Therefore, they have duty care for all the persons living in their homes. All the facilities must comply with federal statutes that are primarily meant to protect the interests of the elderly and vulnerable patients. In case of an injury from a fall, the nursing home is liable for compensating the victim. If you are injured, in this place, you need to hire a professional lawyer to increase your chances of getting fair compensation.
