Falling Out of Wheelchair Accident Injury Attorney

The Centers for Disease Control and Prevention estimates that almost 2 million people in America use wheelchairs or some other type of mobility assistance. Furthermore, approximately 100,000 end up in the emergency room on an annual basis due to a brain injury or fracture caused by a wheelchair accident.

The majority of people injured in these accidents are in nursing homes, and most injuries happen when they fall from trying to get in or out of a wheelchair. Falling out of wheelchair accidents may be traced to a lack of maintenance or repairs by the facility owners. Alternatively, it may be careless conduct by staff members that is to blame for the patient’s injuries.

A common example involves nursing homes that are understaffed, meaning that patients don’t receive the care and assistance they need. After waiting a long time for a CNA to help them, a resident may try to get out of the wheelchair on their own, and as a result, ends up falling on the ground and fracturing their hip.

Using the right techniques to get someone to and from a wheelchair is the key to preventing injuries or death from a fall-related accident. Sadly, there are many cases of failure to place patient in a wheelchair properly by not following safety measures, such as:

• Making sure that the brakes are locked on the wheelchair before you attempt to help the patient into it.
• If the patient has a weaker side, be sure to position the wheelchair closer to the side that is stronger.
• Always place the wheelchair on a flat surface (not on a ramp or incline, for example)
• Based on the person’s mobility / range of motion, a transfer belt may be needed for additional protection.
• Ensuring that the back of the patient’s legs are touching the wheelchair before lowering them down
• Checking the patient’s care plan to see if two people are needed to get them into and out of a wheelchair

At the end of the day, it’s a failure to take reasonable care that causes most of the wheelchair accidents where someone falls down. This is why patients and loved ones have the right so sue a medical facility if lack of maintenance on the chair or negligence by employees is the reason they were injured.

When someone needs a wheelchair due to mobility issues, they may lose the ability to drive themselves from one place to another. A transportation service, typically in the form of a van or bus, helps these patients get to hospital appointments and other activities. The service may come to the person’s home, hospital, or nursing facility, and there are protocols in place to protect the passenger from serious injuries.

For one thing, the lift that raises and lowers the wheelchair and passenger into the vehicle must be maintained and repaired as needed. That includes the brakes and restraints that are used on the lift, as well as safety straps to keep the patient from falling once they are in the van. Perhaps there is a defect with the strap, or the transportation service employee failed to affix the straps correctly to the chair. These errors put the passenger at risk of falling out of the chair or being flung around in the event of a sudden stop, sharp turn, or car accident.

As you can see, it doesn’t take a lot for someone in a wheelchair to be severely injured when they are being transported from one location to another. Procedures for wheelchair transportation services must be followed to the letter; otherwise, the company can be sued for the patient’s monetary losses and emotional trauma.

Incidents where someone falls out of a wheelchair may be attributed to problems that were caused by the manufacturer. Wheelchair defects can happen for many reasons, including:

• Poor design that compromises the wheelchair’s function or safety
• Not adhering to federal guidelines that have to do with patient safety
• Quality control issues at the factory / warehouse
• Using substandard parts
• Lack of clear warnings and instructions
• Failure to make adequate repairs or maintain the wheelchair (the manufacturer may be the same company that provides these services)

Frankly, any defect or deviation from the norm with a wheelchair is unacceptable. Considering the risks that are involved, manufacturers must be held accountable when there is a safety issue with their product. Our wheelchair fall accident lawyers can help you file a product liability claim if a defective wheelchair caused you to be injured from a fall.

If you are entitled to monetary damages for a wheelchair accident, you have 2 years from the accident date to file a claim. Please don’t wait to initiate the legal process, as it can take months to build a solid case and file the necessary paperwork. Then, you’ll need to negotiate a settlement with the insurance company, which can take several months to over 1 year. By waiting on a lawsuit, you are adding to the amount of time it will take to recover your medical bills, lost wages, and other forms of payment. Additionally, you will lose the right to demand compensation from the party at fault if you miss the deadline of 2 years.

The wheelchair accident lawyers of DTLA are here to get you results if negligence by another party caused you harm and suffering. It all begins with a free case evaluation, which you can schedule by contacting our office.

As part of our commitment to you and your loved ones, we promise that you will never pay out of pocket to hire a lawyer that can sue for a wheelchair accident. With the Zero Fee Guarantee, the only form of payment owed to us is a percentage of your settlement check. That means we have to win your case in order to get paid.

We look forward to fighting for your rights and securing the compensation you deserve, so please give us a call 24 hours a day, 7 days a week.

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