Assisted living communities are responsible for taking care of your loved one and preventing any accidents. Usually, an older adult moves into an assisted living facility because they need help with everyday living from professional caregivers. If they receive the right level of attention, there is no reason to expect that they will face injuries or harm.
When an assisted living facility does not properly supervise residents or maintain the property to make it safe, accidents can occur. The injuries resulting from these accidents can be minor to life-changing and fatal. No matter how severe the injuries are, you might be able to seek legal action against the responsible parties. According to the National Institute on Aging (NIA), many seniors are ashamed to report what happened.
If your loved one is harmed in an assisted living accident, do not delay starting the legal process if that is the path you want to take. You can meet with a San Antonio assisted living accident lawyer to learn more about your rights for legal recourse. Call Pintas & Mullins Law Firm at (800) 842-6336 today to schedule a free consultation and learn more.
Defining Assisted Living
There are many different types of senior living facilities in the United States. Assisted living facilities typically meet some of these characteristics:
- Provides personal care, including mobility and toileting assistance, as needed
- 24-hour staffing
- Laundry services
- Meal preparation for residents
- Transportation services for residents
- Medication management
- Access to home health aides
- On-site doctor and therapy services
Your loved one’s assisted living facility does not need to offer all these services to meet the definition of an assisted living facility. An assisted living facility essentially helps senior residents manage daily tasks. If the facility’s staff fails to provide mobility assistance, which is a part of the contract of service, and your loved one falls, the facility can be held responsible because its staff did not provide the protection and care that your loved one expected to receive.
Determining Liability in an Assisted Living Facility Accident
One of the initial steps your lawyer will take is to determine who is liable for your loved one’s assisted living accident. The result of this investigation might surprise you. There could be multiple parties responsible for your loved one’s assisted living accident. Some parties that could be held liable include staff members, the assisted living facility, third-party contractors, and building property managers. Who is held liable will ultimately depend on what specifically happened to your loved one and the person who was responsible for it happening.
For a free legal consultation with a Assisted Living Accidents Lawyer serving San Antonio, call (800) 794-0444
Accepting a Settlement vs. Going to Trial
It is possible that you will receive a settlement offer instead of going to trial. It is ultimately your decision whether you want to accept the offer or go forward with a trial. Your San Antonio assisted living accident lawyer can advise you before you decide.
It is worth noting that a settlement offer is just an offer. You do not have to accept it. If the amount is not enough to cover your expenses, you can have your lawyer negotiate it so that the compensation more accurately reflects your expenses. Your lawyer can give you an idea of what realistic compensation would be in your case, given the specifics of what happened and based on cases like yours.
In many cases, victims prefer to accept a settlement over going to trial. It can end up being more cost-effective in the long run, even if the settlement is slightly less than what you might receive in a trial. The wait to receive the money will not be as long, and you will not have to pay courtroom fees. If you have any questions about a settlement offer, your lawyer can answer them for you.
If you are ready to start working on your case, give Pintas & Mullins a call today to schedule your free case evaluation with a member of our team. We can advise you based on the specifics in your case and help you figure out your legal strategy.
San Antonio Assisted Living Accidents Lawyer Near Me (800) 794-0444
Statute of Limitations
According to the Texas Civil Practice and Remedies Code §16.003, the statute of limitations in Texas is generally two years. This essentially is the latest that you can file your civil lawsuit in the court system. If you wait too long, you will not be able to file your lawsuit at all. It is best to get started on the process as soon as you can to preserve and protect your right to seek legal action.
Two years seems like a long time, but in the context of a legal case and taking care of your loved one after an assisted living accident, it can go by quickly. Starting the process as soon as possible puts time on your side. This way, you can be prepared no matter what happens.
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Recoverable Financial Compensation
There is more than one type of recoverable compensation that you could receive from your civil court case. First, there is compensation for any related medical expenses that you might have. This can include hospitalizations, physical therapy, specialist visits, and rehabilitation, among others.
Second, there is the cost of moving to a new assisted living facility, if applicable. This can add costs that you were not expecting, so you can include it in the amount that you request from the lawsuit.
It is also possible to receive noneconomic awards, such as pain and suffering, for the mental anguish and problems that the abuse caused.
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If your loved one is recovering from injuries at an assisted living community, they could receive financial awards, depending on the circumstances of what happened. Call Pintas & Mullins Law Firm at (800) 842-6336 to schedule a free consultation with a member of our legal team and learn how a San Antonio assisted living accident lawyer can help you.