Can I File a Personal Injury Claim For a Nursing Home Slip and Fall Incident?

 Posted on April 30, 2021 in Blog Post

In the United States, it is not uncommon for families to move their older family members to nursing home facilities to help provide care. According to the latest data available from the Centers for Disease Control and Prevention (CDC), there were an estimated 15,600 nursing homes operating in the U.S. It takes a lot of trust to put a family member in a nursing home, which is why it can be heartbreaking if your family member becomes injured under their care. According to the Agency for Healthcare Research and Quality, about half of all nursing home residents fall each year, with two-thirds of those residents falling two or more times throughout the year. Older adults have a higher chance of suffering serious injuries from slips or falls, especially those adults in nursing homes. If you or a loved one has suffered an injury from a fall in a nursing home, you may be able to file a personal injury claim to recover costs associated with the injury.

Proving Fault for a Nursing Home Slip and Fall Injury

The majority of personal injury cases use the theory of negligence to prove a person at fault for another person’s injuries. In most cases, neither party is 100 percent at fault for the accident. As long as the person claiming damages is not more than 50 percent at fault for the incident, they can still pursue a personal injury claim. In some nursing home slip and fall incidents, it may not be completely the fault of the nursing home facility if a resident falls.

In many nursing home slip and fall cases, however, there are certain factors controlled by the facility that could potentially cause a slip or fall. To legally prove that the nursing home is at fault and was negligent, you must be able to prove that:

• There was some sort of danger present that the staff should have known about, or the staff violated a state or federal standard.
• The dangerous situation created by the nursing home was the reason the fall occurred.
• The fall was the cause of an injury sustained by the victim.
• The injury caused significant damages.

Common Nursing Home Slip and Fall Injuries

The CDC reports that around one in five fall incidents causes serious injuries to the victim. These injuries can be debilitating for older individuals, making it difficult for them to perform everyday activities or even simply just get from place to place. Some of the most common types of injuries that result from slips and falls in nursing homes include:

• Broken bones
• Traumatic brain injuries, like concussions
• Spinal cord or nerve damage
• Sprained limbs, such as ankles or wrists

Get in Touch With Our Des Plaines, IL Nursing Home Slip and Fall Injury Lawyer

When you choose a nursing home for your aging loved ones, you want to believe that they will take just as good care of your family member as you would if you were able to. If your loved one has suffered any type of injury while living in a nursing home, you should immediately speak with a skilled Glenview, IL nursing home slip and fall injury attorney. Our team at the Quinn Law Group, LLC, can help you prepare a personal injury lawsuit for any damages you or your loved one may have suffered as a result of their injury. To begin discussing your case, call our office today at 847-232-7180 to schedule a free consultation.

Sources:

https://www.cdc.gov/homeandrecreationalsafety/falls/adultfalls.html

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2048&ChapterID=57