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Falls in Los Angeles Nursing Homes

Most elderly people who need around-the-clock assistance in nursing homes struggle with both cognitive and physical limitations. Either or both of those factors can make them especially susceptible to experiencing accidental falls and sustaining uncommonly severe injuries from those accidents. A big part of the duty of care that facility employees owe to residents entails taking every reasonable precaution to minimize the risk of falls occurring under their watch.

If staff members or administrators in your loved one’s nursing home failed to fulfill this obligation, you may be able to take legal action on your loved one’s behalf and demand financial compensation for the harm they have unduly suffered. That said, civil claims over falls in Los Angeles nursing homes can be much more challenging in practice than many people initially expect. You should seek the help of our nursing home abuse attorneys at Levin & Nalbandyan Trial Lawyers.

How Can Negligence by Nursing Home Staff Lead to Fall Injuries?

Even the most diligent caregivers cannot completely eliminate the risk that an elderly person might slip while walking, trip over an unseen obstacle, or fall while trying to move out of a chair or their bed. However, nursing home employees and owners are still expected to be proactive about preventing accidental falls whenever and wherever possible. For example, staff should ensure walkways are clean and free of debris, install handrails in both public and private areas, and closely supervise residents so that they can receive immediate help if a fall does occur.

Filing suit over a fall inside a nursing home in Los Angeles entails proving that a resident sustained a serious injury as a direct result of an accidental fall and that there was something facility staff members should have done but ultimately failed to do in order to prevent that fall. Our attorneys could provide crucial help with collecting and effectively presenting sufficient evidence to establish this during private settlement talks or, if necessary, a lawsuit in civil court.

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WE HANDLE A WIDE RANGE OF PERSONAL INJURY CASES, INCLUDING:

BICYCLE ACCIDENT

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BIRTH INJURY

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BUS ACCIDENTS

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CAR ACCIDENTS

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CATASTROPHIC INJURY

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CONSTRUCTION ACCIDENT

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DOG BITES

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MEDICAL MALPRACTICE

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MOTORCYCLE ACCIDENTS

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NURSING HOME ABUSE

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SEXUAL ABUSE

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Seeking Recovery on an Injured Family Member’s Behalf

If a nursing home resident has the cognitive capacity to represent their own best interests in court, they can file suit on their own behalf over injuries caused by a preventable fall they suffered in their Los Angeles assisted living facility. Alternatively, if a resident cannot effectively advocate for themselves, a close family member can step in to pursue litigation for them. The family member must abide by strict legal requirements to act solely in the injured resident’s best interests.

Compensable damages through this sort of claim could include:

Short-term and long-term medical bills
Disability-related expenses for mobility aids, additional professional assistance, etc.
Any expenses related to personal property damage caused by the fall
Physical pain and discomfort
Emotional anguish and trauma
Decline in overall quality of life

Our lawyers could assist with identifying, assigning a fair value to, and demanding restitution for every form of harm resulting from the accident.

FREQUENTLY ASKED QUESTIONS

WHAT IS A PERSONAL INJURY?

Personal injury cases are some of the most common civil litigation cases—also known as “tort actions” or “lawsuits”—in the United States. They are filed by individuals who have experienced bodily injury, pain and suffering, and sometimes property damage in an accident caused by a negligent third party. These claims can also be filed for intentional harm or defamation of character by a third party.

DO I NEED TO HIRE A PERSONAL INJURY ATTORNEY?

While you are not required to have an attorney to file a claim, having an attorney can make a significant difference in your claim. A personal injury attorney has a deep understanding of the claims process and can help you navigate the complexities of the law. Your attorney can also help you level the playing field with insurers and can tell you whether you are receiving the maximum compensation to which you are legally entitled.

I HAVE BEEN INJURED IN AN ACCIDENT – WHAT DO I DO NEXT?

If you have been injured in an accident that was no fault of your own, there are steps you should take to ensure you are compensated for costs related to the incident. Taking quick action after your accident can profoundly affect your personal injury claim or lawsuit. After being involved in an accident, you should: Seek medical attention for your injuries, even if symptoms are not immediately apparent. Keep a record of your injuries and note any complications that arise because of your injuries. Report the incident as soon as possible after it occurs. Record detailed descriptions and notes about the facts of the incident. Keep receipts of medication and medical care you received Contact an experienced personal injury attorney in Los Angeles who can help you navigate your claim.

WILL MY PERSONAL INJURY CLAIM GO TO TRIAL?

Not all personal injury claims make it to court. In fact, a majority of injury cases are settled without having to litigate. What’s the difference between a settlement and going to trial? What are the pros and cons of each? There are two ways in which compensation can be awarded to you for your claim: through a settlement or by going to trial. There are pros and cons to each. When your claim is settled, the compensation for your claim is decided outside of court, usually through negotiations between lawyers.

HOW LONG DO I HAVE TO FILE A PERSONAL INJURY CLAIM?

In California, you have two years to file a personal injury claim against an individual or non-government entity. If the injury is not immediately known, you have one year from the date the injury is discovered. If you’ve suffered injuries from an accident that was caused by someone else’s negligence, you should act quickly to ensure you are able to recover compensation for your losses.

Notifying Insurance Companies

You should notify your insurance company and the responsible party’s insurance company as soon as possible after your accident. Most insurance companies request that you file your claim within 24 – 48 hours after your accident. When you file a personal injury insurance claim, you are requesting that the at-fault party’s insurance pay for the losses you suffered as a result of your accident, and the compensation amount is determined during negotiations. Seeking Compensation You can get financial compensation in two ways: filing a personal injury insurance claim or filing a personal injury lawsuit. Generally, compensation can be sought for two types of damages: economic and non-economic. Economic damages are those with a measurable monetary value, such as medical expenses and lost wages. On the other hand, non-economic damages refer to losses that cannot be easily quantified, such as pain and suffering or emotional distress. It is important to understand the types of damages available in your case so that you can seek compensation for all of your related losses. Soon after your accident, contact a knowledgeable personal injury attorney in Los Angeles who can explain the time limits to you and help you get the compensation you deserve.

ARE THERE PERSONAL INJURY LAWYERS NEAR ME?

Our firm is located in downtown Los Angeles. We can take all personal injury cases based in California.

Contact Our Los Angeles Attorney for Help Suing Over a Nursing Facility Fall

Anyone can suffer a serious injury from an unexpected fall, even if they are in good health and in top physical condition. However, elderly people in particular are more likely than most to be seriously hurt by accidents of this nature. Falls are an especially big problem in nursing homes, and staff members of these facilities have a duty to address this issue as effectively as possible.

Our attorneys at Levin & Nalbandyan Trial Lawyers could help you and your family take effective legal action if your loved one’s caregivers failed to do enough to protect them from injury. Call today to discuss your options and learn how our experience with falls in Los Angeles nursing homes could benefit you.

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