According to the Centers for Disease Control and Prevention, 1.3 million Americans live in nursing homes. If you leave your loved one in a facility’s care, you expect the staff to keep them as safe and healthy as possible. Unfortunately, nursing home slip-and-fall accidents are a reality for many residents and their families.
Find out why these accidents occur, whether you can sue the facility, and how a premises liability lawyer in NYC may be able to help you.
Why Fall Risks Are so Prevalent in Nursing Homes
The CDC reports that 14 million adults age 65 and up experience a fall every year, or about 25% of the total demographic. Aging adults are more prone to falling due to several factors, including health issues that limit their mobility, nutritional deficiencies, and vision problems.
CDC data finds that 1,800 nursing home residents die every year due to a fall, while those with non-fatal injuries may face disabilities and a reduced quality of life. Why are seniors in these facilities at such a high risk? In addition to the issues mentioned above, residents face the following risks:
- Inadequately trained staff: Some care facilities don’t have enough staff or employ workers who aren’t familiar with senior fall risks.
- Unsafe environments: Nursing homes may have slippery floors or poorly lit areas that are difficult to navigate.
- Medication-related problems: Seniors could take medication that affects their energy and strength. If providers don’t monitor side effects or dosing errors occur, the risk of falling may increase.
- Equipment malfunctions: If someone tries to get out of a defective wheelchair that isn’t secure, they may fall down in the process.
Can You Sue for a Nursing Home Slip-and-Fall Accident?
If your loved one becomes injured in a slip and fall, you may be able to seek justice against a negligent party. Consult a slip-and-fall lawyer to review the details of your case and discuss possible strategies. Depending on the evidence, you could hold one or more parties liable, such as:
- Care facilities: A nursing home’s liability depends on whether it complies with safety regulations, has adequate staffing, or fails to prevent foreseeable harm.
- Staff members: In some cases, negligent staff members could be personally liable for a resident’s injury along with their employer.
- Outside contractors: Third-party companies, such as contracted cleaning or building maintenance crews, could create unsafe conditions for residents.
A nursing home slip-and-fall accident doesn’t automatically mean that elderly care negligence has occurred. However, it’s wise to review the details with a personal injury attorney who can assess negligence and recommend legal strategies.
The Role of a Slip-and-Fall Lawyer
What can you expect when you hire a slip-and-fall lawyer to advocate for your injured family member? Attorneys juggle several tasks with these personal injury cases, including:
- Gather and review evidence: Legal counsel helps compile evidence that may support a claim, such as compliance reports, witness statements, and surveillance video footage.
- Evaluate damages: An attorney also calculates damages that a victim may claim, including increased medical bills and compensation for a diminished quality of life after a fall.
- Assess negligence: Your legal team may focus on multiple parties who could be liable. They’ll assess whether each party breached their duty of care, which directly contributed to a slip-and-fall accident.
- Negotiate settlements: After identifying a liable party, lawyers negotiate with defendants and their insurers in an attempt to settle the claim out of court.
- Represent clients in trials: Some cases end with a trial if neither party agrees to settle. Lawyers guide their clients through the litigation process until the case resolves.
An experienced personal injury lawyer can answer common questions about filing deadlines, damages, and other parts of the legal process.
Focus on Fall Prevention Measures
Filing a premises liability suit is one option if you’d like to hold a facility accountable for your loved one’s injury. You can also take additional measures to help prevent falls inside an elderly care home. Fall prevention tips include:
- Visiting often and taking note of the environment: Be wary of any safety risks when you visit the facility.
- Asking about medication side effects: Medication that makes users drowsy, weak, or dizzy could increase the risk of a fall.
- Adjusting bed heights: Residents should be able to access and exit their beds safely.
- Creating a tailored care plan: Share your concerns with staff and collaborate with them on a care plan that suits your loved one’s needs.
Contact an Experienced Personal Injury Law Firm in New York
If you have reason to believe that a nursing home slip-and-fall accident is due to the facility’s negligence, you may be able to take legal action. Work with a seasoned NYC premises liability lawyer to explore your options. Ross & Hill is a respected personal injury law firm in New York with more than 40 years of experience.
Contact us to discuss important steps after a slip-and-fall accident, including evidence collection and the claims process. Our dedicated lawyers approach these difficult cases with sensitivity and always advocate for our clients. Connect with us online or call (646) 351-6222 to schedule a free consultation.
Frequently Asked Questions
Do you want to learn more about personal injury claims regarding nursing home neglect? We break down common client questions below.
How Can I Find a Suitable NYC Premises Liability Lawyer To Represent Me?
Ask loved ones for recommendations or search for personal injury lawyers online. Select a lawyer with years of experience handling similar cases and a successful track record.
How Much Is My Loved One’s Injury Claim Worth?
The value of a slip-and-fall claim depends on the scope of one’s losses, such as medical bills and the quality of one’s life. Consumer Shield reports $40,500 as an average personal injury settlement amount, though every case varies and compensation is never a certain outcome.
Does a Nursing Home Slip-and-Fall Accident Count as Medical Malpractice?
It depends. Nursing home slip-and-fall injuries are typically considered premises liability cases, though you may have a medical malpractice claim if a healthcare provider fails to meet a standard duty of care.
