At Chalik & Chalik Injury Lawyers, we understand that placing a loved one into the hands of a nursing home can be a tough decision. This can be compounded by learning that later on, your loved one experienced a slip and fall accident on the facility’s grounds. If this is a reality in your situation, you have legal options available.
A Miami nursing home lawyer can employ various legal measures to hold the nursing home (or another negligent party) responsible for your damages.
Through an insurance settlement or court award, in a successful case, you could recover the cost of:
- Your loved one’s medical bills
- The cost of relocating to another care facility
- Pain and suffering and inconvenience
- Emotional trauma
Your loved one may not have been able to survive their injuries. If so, we can walk you through the process of filing a wrongful death claim. Our goal is to provide honest, personal representation as you move through the legal process. To start a free case review, call Chalik & Chalik Injury Lawyers at (305) 944-2035.
Causes of a Nursing Home Slip and Fall Accident
Many people in nursing homes cannot care for themselves. When taking this into consideration, many hazards that an able-bodied person would be able to avoid pose a threat to seniors in a care facility. According to the Centers for Disease Control and Prevention (CDC), in 2016, over 1.3 million people were residents in nursing homes across the country. To promote their safety and wellbeing, nursing home employees must be diligent about potential dangers that could harm their residents.
If a loved one was injured in a slip and fall accident while staying at a nursing home, some causes for their accident could include:
- Torn or frayed carpeting
- Cracked or broken tiles
- Stairways without handrails
- Inadequate lighting
- Debris in a walkway
- Uneven walkways
- Poorly maintained landscaping
- Exposed wires
Your Miami nursing home accident lawyer will need to prove that your loved one was ultimately injured by negligence. Nursing home employees must constantly monitor patients to keep them from being injured. Failure to do so constitutes negligence.
Negligence in a Nursing Home Accident
According to the CDC, over 800,000 people are hospitalized each year due to falling, usually for head injuries and hip fractures. If your loved one was involved in a nursing home slip and fall accident, negligence could have played a role in more than one way.
Examples of negligence in your case could include:
A nursing home should be free from hazardous conditions. Employees must constantly monitor the premises and remedy hazards that could harm a resident. These hazards can either be temporary threats or a long-standing defect of the facility. No matter how your loved one was injured, the nursing home’s administration can be held liable for any injuries that occur on the premises.
When you entrust your loved one to a nursing home, you expect proper care and supervision from the facility. However, some nursing homes do not provide the round-the-clock supervision that some residents need. For example, some seniors with dementia are prone to wandering, meaning that they will attempt to leave a care facility but lack the cognitive awareness to recognize certain dangers. In that situation, they could be prone to injuries since they were not properly supervised.
If a loved one was injured after leaving a care facility, you could have the basis of a civil action. To learn more, call Chalik & Chalik Injury Lawyers today at (305) 944-2035.
Negligent Training or Hiring of Caregivers
Well-trained caregivers work hard to meet their patients’ needs because they understand the importance of their duties. Furthermore, trained personnel can identify a problem and take appropriate action before a situation becomes dangerous. Unfortunately, many nursing homes do not have the resources to brief and train their staff. In that situation, inexperienced or negligent caretakers could contribute to an accident.
Working with a Miami Nursing Home Accident Lawyer
At Chalik & Chalik Injury Lawyers, our goal is to promote your loved one’s wellbeing by recovering compensation in your case. We acknowledge that no two personal injury claims are the same.
Some duties you can expect your lawyer to perform include:
- Investigating your loved one’s accident
- Collecting evidence to support your claim
- Determining whether the nursing home had seen previous instances of nursing home abuse or neglect
- Calculating the cost of your incurred damages
- Managing all communications between the at-fault parties and their insurers
- Negotiating for a settlement that reflects your losses
- Taking your case to court, if necessary
The time you have to act rests on when the accident occurred or when you reasonably should have discovered that it had. Sometimes, nursing home slip and fall accidents cross over into elder abuse, which can come with its own set of legal requirements.
However, for the most part, if your loved one suffered injuries from a slip and fall accident, under Florida Statute §95.11, you generally have four years from the date of the accident to take your case to court. You will want to take action within this period since if you do not, you could be stopped from bringing your case before a judge.
Call Chalik & Chalik Injury Lawyers Today
If a loved one was injured or passed away after a slip and fall accident in a nursing home, reach out to Chalik & Chalik Injury Lawyers today. Our team works on a contingency fee basis, meaning that we only get paid our attorney’s fees if we recover compensation for you and your family.
Not only do we want to represent your legal interests, but we want to give you peace of mind during this trying time. To get started, call (305) 944-2035.