The decision to place a loved one in the care of a nursing home can be difficult, but the welfare of an elderly family member or loved one has to come first. Nevertheless, accidental injuries occur in Atlanta nursing homes. Some of these injuries are due to staffing issues, while others are due to carelessness.
If you believe that negligence resulted in your loved one’s nursing home accident injury, an Atlanta nursing home accident lawyer at Pintas & Mullins Law Firm is ready to help. Your loved one could seek monetary compensation for their injuries from the facility or its employees responsible for the accident. Call (800) 842-6336 to schedule a free consultation with a member of our team.
Common Factors in Nursing Home Accidents
Injuries in a nursing home can be life-altering. In many cases, these injuries are fatal. According to the Journal of the American Medical Directors Association (JAMDA), nearly 25% of all deaths in the United States occur in nursing homes. As the population ages, these numbers are only likely to increase. According to the Centers for Disease Control and Prevention (CDC), the leading cause of fatalities caused by accidental injury is falling.
Given that many nursing home residents receive end-of-life care, a high rate of deaths in these facilities is unavoidable. That said, some severe or fatal injuries are entirely preventable. When an injury results from negligence, a nursing home resident could pursue a claim for compensation against the at-fault party.
Many factors can result in a nursing home injury. In some cases, multiple elements lead to a dangerous accident. Some of these causes could include:
- Poor training
- Negligent hiring
- Medical negligence
- Unsanitary conditions
- Dangerous hazards
- Faulty medical equipment
- Lack of safety protocols
If your loved one suffered an injury due to one of these factors, they could be eligible for financial compensation. Pursuing legal action against a nursing home or its employees can be challenging, as these facilities have substantial assets available to them. An Atlanta nursing home accident lawyer can help you hold these nursing homes accountable for their mistakes. To learn more, schedule a free consultation with the Pintas & Mullins Law Firm right away.
Proving an Injury Claim
A plaintiff in a nursing home accident case must establish negligence to recover monetary compensation. There are four elements required to prove negligence, and a plaintiff must establish all four of them. These elements are:
- Duty of care – Every nursing home owes its residents a duty of care. This is important, as a defendant is only liable for a personal injury claim if they owed the plaintiff a duty of care. Nursing homes are responsible for ensuring the health and safety of their residents.
- Breach of the duty of care – The next step in a personal injury case is to establish that the nursing home breached the duty of care it owed the plaintiff. Often, this involves evidence of failure to uphold basic health and safety standards.
- Causation – The third element of negligence is known as causation. This is the link between the nursing home’s breached duty and the injuries suffered by the plaintiff. If the plaintiff cannot establish that the defendant’s breach resulted directly in their injuries, they are not eligible for financial compensation.
- Damages – The monetary awards that come from a nursing home accident claim can be substantial. Proving that the nursing facility is responsible for the injured party’s suffering is necessary for a plaintiff to recover a monetary award.
For a free legal consultation with a Nursing Home Accidents Lawyer serving Atlanta, call (800) 794-0444
Possible Monetary Compensation
There is a wide range of potential monetary compensation available in a nursing home accident case. Given the potential for severe injuries, these awards could be extensive.
In general, there are two categories of monetary awards in a personal injury case: economic and non-economic awards. Economic awards are measurable. This means that their value is objectively verifiable through documented evidence. Documents like paid receipts, invoices, and canceled checks can establish the value of a specific form of economic award.
Non-economic awards are different in that they are harder to quantify. These losses are subjective, with their value varies from one person to another. Some common non-economic awards include pain and suffering and mental anguish. The following examples of economic and non-economic compensation could be available to your loved one following a nursing home accident.
- Relocation costs – Whether you move your loved one to get away from a dangerous facility or because they require specialized care due to their injuries, the cost of relocating can be substantial. You could recover these costs through an injury lawsuit.
- Medical bills – The medical expenses related to an accidental nursing home injury could cost thousands of dollars. A successful injury claim could recoup these losses.
- Pain and suffering – Physical pain is common in nursing home accidents. This type of non-economic compensation could be available to your loved one.
- Emotional distress – The psychological pain that can follow a serious accident can last long after the wounds heal. Compensation for this emotional distress could be one part of your loved one’s legal claim.
Atlanta Nursing Home Accidents Lawyer Near Me (800) 794-0444
Your Loved One Could Be Eligible to a Financial Award Due to a Nursing Home Accident
An accident can have a devastating effect on the mental and physical condition of your elderly loved one. These accidents could result in monetary compensation through a successful negligence claim.
The Atlanta nursing home accident lawyer of the Pintas & Mullins Law Firm stands ready to advocate for nursing home residents injured in an accident. To discuss your loved one’s legal claim, call (800) 842-6336 and schedule a free consultation with us.