Nursing Home Injury Lawyer

As a care facility that typically focuses on providing help and medical treatment to the elderly or those who have recently been discharged from a medical care facility like a hospital, you would assume that added care is taken to ensure the safety of a nursing home. The staff should be very focused on common safety issues and concerns that could cause a resident to fall or be hurt in some other injury incident. But the reality is that these simple to prevent injury accidents are nearly a part of the routine in many nursing homes that are short-staffed or simply do not focus on the basics of housekeeping and safety. Residents are often hurt due to these simple issues:

• Floors that are still wet from being recently mopped or that are the site of a food or drink spill
• Loose or damaged flooring surfaces
• Litter left on the floors
• Broken, damaged, or missing safety handrails
• Poorly or unmarked transitions from one flooring surface to another or at elevation changes like steps and ramps
• Beds with no side rails
• Showers with no safety flooring or non-slip mats

Damaged pavement or sidewalk surfaces

While these issues might appear very basic and easy for the average person to navigate and avoid harm, it is vital to understand that many elderly residents in nursing homes suffer from common maladies and issues that make safe mobility a challenge. They often experience these issues due to their age, medical conditions, or the side effects of essential medication:

• Back and spine issues limiting movement
• Decreased leg strength
• Loss of balance
• An uneven gate
• Leg, ankle, and foot issues, including numbness
• Loss of vision, blurred vision, or temporary blindness when light levels change
• Dizziness or fog and disorientation

These known conditions that are common among residents of nursing homes mean the staff should be focusing on added care in the areas of housekeeping and monitoring of patients to ensure their safety even with their added care requirements.

Premises liability law defines the level of safety that must be provided in any public or private space, such as a nursing home. These laws protect all residents and guests of these facilities by defining the obligation of the owner and staff to maintain the space in a safe and functional condition. Because the facility is known to be the home of the elderly or those with health maladies, the level of care and expectation for added attention to this care is required.

Duty of care is a part of premises liability that addresses the obligation of nursing home staff when a safety concern is discovered or reported to them. The staff must respond swiftly with at least the same level of care as would be provided by the average prudent person in a similar situation. If the staff fails to act in this manner, they can be deemed negligent in their duty of care.

For example, if a staff member sees water spilled on the floor and does not clean it up immediately, they could be considered negligent. In addition, if it is later found that the staff negligence caused or contributed to someone’s harm and injuries, the facility can be held liable for the losses and expenses incurred by the injury victim. If you believe that staff negligence was a factor in your loved one’s nursing home injuries, please contact DTLA Law Group for a free consultation to discuss the case.

It is vital to understand that there are no predetermined compensation amounts awarded by the court for personal injury lawsuits. Each case is carefully and independently evaluated to determine its value, which is based on the actual losses and expenses incurred by the injury victim. So, while there is a mathematical average for these case compensation amounts, it is constantly changing and will have no impact on the amount of compensation awarded for your case or any other case.

Working with your DTLA Law Group nursing home injury lawyer, you will gather all the documentation that confirms the allowable expenses created due to the nursing home injuries suffered. These items will be tabulated to determine the value of the lawsuit and can typically include but are not always limited to:

• The replacement cost of any personal property that was damaged or destroyed in the nursing home injury incident
• The cost of all medical care related to the treatment and rehabilitation of the injuries suffered
• The cost of all legal services related to the preparation, filing, and litigation of your nursing home injury lawsuit

In addition, in cases where the injury victim was still working or employed at the time of the nursing home injury, they are able to seek compensation for their lost income if the harm suffered in the nursing home injury incident prevented them from working until they healed from that harm. This will most often apply to a person in a nursing home for short-term rehab after a hospital stay. When the injuries suffered in the nursing home cause their recovery to be delayed, they can seek compensation for their lost income from that added time off work.

As a personal injury victim who was hurt in a nursing home, you have two years to file your lawsuit with the court. The time limit is strictly enforced, and once it has passed, you will lose the right to seek compensation for your losses and expenses caused by this specific nursing home injury incident. It is also critical to understand that there are minimal exceptions that would grant an injury victim added time to take legal action once the original two years have expired. Please get in touch with DTLA Law Group today to discuss how this time limit will impact your lawsuit.

When you hire DTLA Law Group to handle your nursing home injury lawsuit, we never require any upfront fees or expenses to begin work on the case. Instead, we only get paid when the matter is resolved, and you have the compensation that includes funds to cover your legal costs and other expenses. In addition, if your DTLA Law Group nursing home injury lawyer fails to win the case and get you the compensation you deserve, you owe the firm nothing. Don’t hesitate to get in touch with our caring and dedicated office staff today to learn more.

Other Pages on Our Website Related to This Topic
Nursing Home Ceiling Collapse Injury Attorney
Nursing Home Slip and Fall Attorney – Elderly Care Accidents
Nursing Home Neglect