A large number of nursing home accidents occur each year in the United States. While some accidents are not preventable, many accidents are the result of poor supervision or care on the part of the nursing home staff. It is also possible that the maintenance or the condition of the nursing home itself contributed to the accident.
If your loved one is injured in a nursing home accident, it is possible that you will be able to file a lawsuit in the civil court system to seek compensation to cover the expenses related to their injuries.
Nursing homes are responsible for the care and health of residents. When a nursing home fails to meet its obligations and puts residents at risk, you can hold it accountable. According to the National Institute on Aging (NIA), family and friends can report the mistreatment of seniors to adult protective services. It is your right to pursue legal action against anyone or any organization that injures or harms you or your family member in any way.
In the event that the nursing home facility offers you a settlement to ward off potential lawsuits, it might not be enough to cover all of your loved one’s long term expenses. You can have a lawyer evaluate the settlement amount to see if it is adequate.
Contact the office of a San Antonio nursing home accident lawyer from Pintas & Mullins Law Firm at (800) 842-6336 to schedule a consultation to discuss your potential legal case or any settlement offers today.
Types of Nursing Home Accidents
There are different types of accidents that your loved one could be involved in at a nursing home, such as:
- Medical malpractice
- Untreated infections
This list highlights just some of the types of accidents that occur in nursing homes. However, there are dozens of ways that loved ones can be injured at a nursing home. If your loved one is injured while under the care of a nursing home facility, you could have a legal case and potentially recover compensation.
Statute of Limitations
According to the Texas Civil Practice and Remedies Code §16.003, the statute of limitations for nursing home accidents in Texas is two years from the date of the incident. This is the most amount of time that you have to file a lawsuit.
If you wait too long, you will not have the option available to you to seek compensation for injuries and pain and suffering. It is always a good idea to at least gather all of the information that you might need about your options so that you can make an informed decision.
For a free legal consultation with a Nursing Home Accidents Lawyer serving San Antonio, call (800) 794-0444
After a nursing home accident, it is possible that your loved one will have unforeseen medical expenses necessary because of their injuries. This can include:
- Physical therapy
- Mental health services
- Outpatient care
These are just some of the medical expenses that could be related to a nursing home accident. However, there are many other expenses that might occur. Anything that is related to the injuries from the accident can be claimed.
Speak with Pintas & Mullins Law Firm to learn what kinds of medical expenses you can claim in your lawsuit, as well as what pain and suffering or punitive damages that you might be eligible for. A San Antonio nursing home accident lawyer can tell you what you’re entitled to.
San Antonio Nursing Home Accidents Lawyer Near Me (800) 794-0444
Settlement vs. Trial
In some cases, you may receive a settlement offer. Depending on the amount of the offer and the other party’s willingness to negotiate, your lawyer may recommend that you take the settlement. There can be many advantages to accepting a settlement offer. First, your case will be over much faster, as it can take quite a long time to get a courtroom date. If you need the compensation now, accepting a settlement offer can make sense.
In addition, a settlement offer is a guarantee of compensation now over the potential for compensation later. There is no guarantee that you will win your case in court. Sometimes cases and juries do not end in the way that they should. In this way, guaranteed compensation through a settlement offer can be better.
Families of victims and the victims themselves might also be hesitant to pursue a courtroom trial. There can be some emotional aspects of testifying and waiting for a verdict. In some cases, accepting a settlement offer can help to negate this. It is worth noting, however, that your lawyer and legal team are there to support you through it if your case does go to trial, and some victims find it beneficial to testify.
For companies involved in legal cases, settlements could cost less, especially when you account for court fees and potentially larger judgments. It can also keep the case out of court and the attention of the general public. Depending on the offer amount, it could be a win-win for all parties involved. You would not have to go to court, and they could save their image from negative associations that going to court would have.
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Reasons to Hire a Lawyer
Victims choose to work with lawyers for a variety of reasons when it comes to filing nursing home abuse lawsuits. Every victim and their family may have a different reason why they opted to work with a nursing home abuse lawyer.
There is a lot that you will need to deal with in the aftermath of weeks and months after discovering abuse. Many victims work with lawyers to be able to focus on the recovery process and the care of their loved one, while a lawyer works on progressing their case through the legal system.
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If your loved one is injured in a nursing home accident, you could be entitled to compensation for their injuries. Contact the office of a San Antonio nursing home accident lawyer to learn more about your options in the civil court system. Call Pintas & Mullins Law Firm at (800) 842-6336 today for a free consultation about your possible case.