Why Hire Our Nursing Home Fall Attorneys in Atlanta?
While nursing homes and assisted living facilities are entrusted with the well-being of our seniors, falls remain a troubling issue that needs attention. Understanding liability for falls in nursing homes and assisted living facilities in Atlanta is essential for protecting the rights of the victims and ensuring accountability.
If you or a loved one has been injured in a fall in a nursing home or assisted living facility in Atlanta, we urge you to reach out to an experienced Atlanta nursing home abuse lawyer at Julie A. Rice, Attorney at Law, & Affiliates. We are passionate about helping residents of nursing homes and assisted living facilities in Atlanta to recover compensation for the harm they have suffered in these facilities. Remember, you will not be charged attorney fees unless we win your case.
Understanding the Impact of Falls on Elderly Nursing Home Residents
To tackle the issue of liability for falls in nursing homes and assisted living facilities, we must first comprehend its scope and impact. The statistics are striking: falls are among the most common and devastating accidents that occur in nursing homes and assisted living facilities.
With frailty and mobility challenges increasing with age, our elderly loved ones are particularly vulnerable to falls, which often result in serious injuries, including broken bones, head trauma, and emotional distress, affecting a nursing home resident’s overall quality of life.
A Nursing Home’s Duty of Care to its Residents
One fundamental aspect of assessing liability for falls in nursing homes and assisted living facilities is the duty of care owed by these establishments. Under the law, nursing homes, assisted living facilities, and other care facilities are legally obligated to provide a safe and secure environment for their residents. This duty includes taking reasonable measures to prevent falls and ensure resident safety.
Nursing homes and assisted living facilities in Atlanta are also subject to regulatory standards and obligations aimed at ensuring resident safety. This includes conducting resident assessments and creating individualized care plans to address a resident’s specific needs and risks. Failure to fulfill these obligations or neglecting the safety in an assisted living facility in Atlanta constitutes a breach of duty on the part of a care facility. In the event this happens to you or a loved one in an assisted living facility, reach out to our assisted living facility neglect attorneys in Atlanta today.
Some examples of a nursing home’s breach of duty include:
- Inadequate staffing and supervision are common factors contributing to falls
- Premises liability hazards, such as wet floors, improper lighting, and lack of handrails, also play a significant role in falls
- Improper medication management can lead to dizziness and instability, increasing the risk of slip and falls in a nursing home.
Proving Causation and Damages for a Fall in a Nursing Home or Assisted Living Facility
To recover compensation for a fall in a nursing home or assisted living facility, it is crucial to establish a direct link between the facility’s breach of duty and the fall itself. To do so, compelling evidence, and sometimes expert testimony, are essential. Additionally, we must demonstrate the harm suffered by the resident, which can encompass physical injuries, emotional trauma, and financial losses.
Comparative Negligence
In some cases, a nursing home resident’s own actions may have contributed to their fall. Georgia follows the concept of comparative negligence when assessing the extent to which an injured party’s own behavior played a role in their injury. However, it is important to note that even in cases where a nursing home resident is partly at fault for their injuries, the nursing home or assisted living facility may still bear some liability.
Legal Remedies for Falls in Nursing Homes and Assisted Living Facilities in Atlanta
Residents of nursing homes and assisted living facilities in Atlanta who have suffered due to falls may be entitled to various forms of compensation. This includes coverage for the file damages:
- Medical bills
- Rehabilitation costs
- Compensation for pain and suffering
- Punitive damages, in extreme cases of negligence
Obtaining compensation for a fall in a nursing home or assisted living facility requires initiating a personal injury claim against the facility. This involves enlisting the assistance of a qualified Atlanta nursing home fall attorney to assist with gathering evidence, filing a complaint against the establishment, negotiating a settlement, and if necessary, taking the case to trial.
Often, the insurance companies for these facilities are involved, as they provide liability coverage for claims against the establishment. Most personal injury claims are resolved through settlement negotiations rather than trial, which can offer a more expedient resolution while still ensuring fair compensation for the injured nursing home resident.
Contact an Experienced Nursing Home Abuse and Neglect Lawyer at Julie A. Rice, Attorney at Law, & Affiliates
When an elderly nursing home resident falls in a nursing home or assisted living facility, it demands immediate attention. These facilities have a duty to care for the health and well-being of their residents, this includes preventing falls.
If you or a loved one fell in a nursing home or assisted living facility in Atlanta and was injured, we urge you to reach out to our Atlanta personal injury attorneys at Julie A. Rice, Attorney at Law, & Affiliates for legal advice. We can help you navigate this complex legal terrain and ensure that you or your loved one receives maximum compensation for your injuries and losses. Contact us today at 770-865-8654 or reach us online to schedule a free consultation. We charge no legal fee unless we recover compensation for you.