How do you hold a nursing home accountable for a loved one’s recent fall? A Kennesaw nursing home falls lawyer can help you file a personal injury claim against a negligent facility.
Schenk Nursing Home Abuse Law takes pride in offering legal support to nursing home residents and their families. The firm has worked exclusively on nursing home abuse and neglect cases for the past nine years. Families have walked away from their cases with millions in damages meant to help them recover.
Let a Kennesaw nursing home lawyer represent your family today.
Do Nursing Home Staff Members Owe Their Patients a Duty of Care?
Nursing home staff members do owe their patients a duty of care. That duty requires nursing home staff members to make a reasonable effort to not only see to their patients’ medical needs but also their physical and emotional comfort.
Unfortunately, overcrowded nursing homes can see some staff members fall short when trying to uphold their duty of care. What’s worse, some nursing home staff members choose to purposefully violate their patients’ trust, subsequently compromising their health out of deliberate malice.
These behaviors, be they accidental or intentional, can see nursing home residents fall and seriously hurt themselves, sometimes to the point of suffering fatal injuries.
For a free legal consultation with a nursing home falls lawyer serving Kennesaw, call
How Do Kennesaw Nursing Home Falls Lawyers Prove Negligence?
You can’t argue that a nursing home violated the duty of care owed to your loved one unless you have evidence of their negligence on hand. Fortunately, there are several different types of evidence you can use to argue that a nursing home should have taken better care of your loved one.
If you’re working with a nursing home falls attorney in Kennesaw, you can trust professional investigators to bring forward evidence like:
- Physical evidence of neglect, including bed sores, bruises, and old injuries
- Statements from witnesses, including nursing home staff members and/or nursing home residents
- Professional input from accident recreationists, emergency responders, general practitioners, and trauma specialists
- Video or photo footage of an accident
- Relevant electronic data
Once we have a bank of evidence to pull from, we can more effectively elaborate on the narrative of negligence that led to your loved one’s fall.
Kennesaw Nursing Home Falls Lawyer Near Me (678) 823-7678
When Can You File a Nursing Home Falls Claim?
Georgia’s personal injury statute of limitations, Ga. Code § 9-3-33, controls the amount of time you have to build a claim against a negligent nursing home and its staff. If you can’t bring a claim forward within two years of a serious fall, you may lose your chance to hold a nursing home financially responsible for your recovery.
Anyone interested in pursuing a claim should meet with an experienced Kennesaw nursing home fall attorney immediately following their accident. Schenk Nursing Home Abuse Law offers free case consultations to nursing home residents and their families recovering from abuse and mistreatment.
Can You File a Nursing Home Falls Claim After a Fatal Fall?
If you lose a loved one to a fatal fall in a nursing home, you may have the right to pursue a claim for damages in civil court. However, Georgia only allows certain parties to file a claim on behalf of the deceased, including their:
- Spouse
- Children
- Parents
- Personal representative
Notably, the deceased’s spouse has the first right to legal action. If someone’s spouse has already passed or is otherwise unavailable, the right to action falls to the deceased’s children, then to their parents, and then to their representative.
What Compensation Can You Expect From a Nursing Home Falls Claim?
When asking for compensation for a loved one’s nursing home fall, we recommend emphasizing the cost of losses like:
- Emergency medical care
- Long-term medical treatments
- Physical therapy and pain management
- Mobility aids
You also have the right to request compensation for losses that don’t generate a traditional paper trail. These losses, called non-economic losses, can include your loved one’s reduced quality of life, pain and suffering, and emotional distress.
How Can You Fight for the Financial Support Your Family Deserves?
If a nursing home and its representatives acknowledge that their oversights led to your loved one’s fall, you may be able to negotiate for the accident settlement you feel you deserve. A nursing home falls lawyer in Kennesaw can represent you throughout this process and emphasize your right to fair compensation.
However, nursing homes are often reluctant to recognize their role in serious accidents, if only because doing so may worsen their reputation. If you can’t get a nursing home to take your loved one’s accident seriously, you can ask an attorney to prepare you to go to trial.
You Have the Right to Reasonable Care
It’s devastating to learn that the people you trusted a loved one’s care to have actively put them in more danger. You have the right to take legal action on behalf of a loved one injured at the hands of nursing home staff members. A nursing home falls attorney in Kennesaw, GA, can walk you through the process of filing a personal injury claim immediately after an accident.
Contact Schenk Nursing Home Abuse Law today to secure the representation you need to take action against a negligent nursing home. The firm can give you the resources you need to help a loved one recover from serious injuries while you pursue justice for their mistreatment.