If your loved one suffered injuries or died as a result of an accident in their assisted living facility (ALF), you may have legal options for holding the facility to account. You could recover damages such as healthcare costs, pain and suffering, and others.
Since cases against assisted living facilities can be challenging to prove, consider seeking legal advice from a lawyer with Pintas & Mullins Law Firm who handles assisted living accident cases in Colorado Springs. We can help you build a case against the negligent facility and fight for comprehensive compensation.
Damages You Could Recover in an ALF Accident
Depending on your loved one’s accident circumstances and the severity of their injuries, you could recover various types of compensation in an assisted living facility accident, such as:
- Medical costs
- Transport expenses
- Pain and suffering
- Emotional anguish
- Out-of-pocket expenses
Since no two assisted living accident cases are alike, our attorney can work on your case and inform you of its potential value and the damages you could recover with legal action.
How Much Time do I Have for Legal Action?
According to Colorado Revised Statutes §13-80-102, you generally have two years to file a personal injury lawsuit and collect damages. The same time limit generally applies to wrongful death lawsuits in the state. However, in practice, seeking legal advice as soon as possible can be a good idea as that would allow your attorney to gather crucial and potentially time-sensitive evidence right away.
Types of Accidents in Colorado Springs Assisted Living Facilities
Senior adults can be particularly prone to accidents such as slips and falls, depending on their general state of health and mobility. However, sometimes accidents can happen due to the negligence of an assisted living facility’s staff or administration.
If your loved one suffered harm due to the negligence of an assisted living home, you could potentially recover compensation for their injuries, medical costs, and other losses. Accidents that could qualify for a personal injury lawsuit can include:
Slips and Falls
A serious fall can have devastating consequences for a senior, potentially causing catastrophic injuries and shortening their life expectancy. Injuries in serious falls can include pelvic fractures, spinal cord damage, and head injuries. According to the Centers for Disease Control and Prevention (CDC), falls cause serious injuries in seniors.
The costs that come with a debilitating injury can be astronomical and include ongoing medical expenses as well as comprehensive rehabilitation therapies. A senior may be dependent on round-the-clock care after a devastating fall injury. If the fall happened due to the assisted living home’s negligence, seniors and their families could have legal recourse.
Medication errors can cause serious side effects resulting in injury or death. Not getting the medication they need could lead to a senior’s condition going untreated. If assisted living facility staff administers the wrong medication or wrong dosage, and a senior suffers injuries and damages, they could potentially sue the facility.
These types of mistakes are more likely to happen when a facility is understaffed, and employees feel rushed, or when a facility has been negligently hiring under-qualified staff.
General Neglect and Failure to Supervise
Residents of assisted living facilities can require supervision and assistance daily. Seniors who are not fully mobile may need help moving around the facility. If your loved one suffered injuries due to staff not offering adequate assistance or failing to supervise, you could potentially have legal recourse and receive compensation.
Assisted living facilities can arrange transportation for seniors, including transporting them to and from doctor’s appointments and physical therapy or organizing social trips. If a resident suffers injuries in a motor vehicle accident or during transfer in and out of a vehicle, they could have a case against the assisted living facility.
There can be many other accidents that potentially result in a personal injury lawsuit against an assisted living facility. A lawyer with our firm who manages assisted living accident cases in Colorado Springs can help determine whether you have a case against an assisted living facility and what your next steps are.
Proving Assisted Living Facility Negligence
In order to have a case and recover compensation, you will need to establish a facility’s negligence and provide comprehensive evidence. Assisted living facilities can potentially be negligent in various ways, such as:
- Hiring negligently: Management may have skipped background checks of new hires or hired unqualified staff to save costs.
- Failing to staff the facility adequately: The facility may not have enough caregivers to assist all residents adequately.
- Dangerous conditions persist: An assisted living facility may skip important maintenance leading to dangerous conditions, such as loose floorboards and others.
There are many other ways in which an assisted living facility could be liable for your loved one’s injuries. In some cases, it may not be immediately apparent how the negligence of management or staff contributed to an accident.
However, our lawyer can investigate your loved one’s accident and the assisted living facility in Colorado Springs thoroughly. They can also help to gather evidence proving negligence.
How Pintas & Mullins Law Firm Can Help
Taking an assisted living facility to court can be a stressful, lengthy, and intimidating process. Having a lawyer from our team in your corner can be advantageous and serve to protect your loved one’s legal rights. Pintas & Mullins Law Firm can help you recover what you deserve in various ways, including:
- Providing legal advice and guidance
- Investigating the circumstances of your loved one’s accident comprehensively
- Requesting and scouring the assisted living facility’s records
- Gathering statements from witnesses and employees
- Communicating with the assisted living facility and insurance company
- Completing and filing the paperwork for your lawsuit
- Fighting for full and fair compensation at trial
If your loved one suffered physical pain, emotional distress, and financial damages due to an assisted living facility’s negligence, you do not have to stand for it. You can demand justice and compensation.
Reach Out to Pintas & Mullins Law Firm Today
Holding a negligent assisted living home to account can involve dealing with complex legal issues. However, we can help you without charging any upfront attorney’s fees.
Pintas & Mullins Law Firm can be by your side and build your case and fight for an adequate settlement. Call us today for a free consultation at (800) 842-6336.