If your loved one suffered harm in their assisted living facility in Cleveland, you could potentially hold the facility to account and receive damages.
A Cleveland assisted living accident lawyer can assess your case and determine your legal options and next best steps. We can help you collect the necessary evidence, build a case against the facility, and pursue full and fair compensation.
Assisted Living Facilities in Cleveland
Assisted living facilities, while offering a certain amount of independence to residents, are responsible for providing certain services, which can include:
- Personal hygiene assistance
- Providing up to three main meals per day
- 24-hour care staff on the premises
- Laundry and cleaning services
- Recreational and social activities
- Availability of a registered nurse for medications and medical needs
Assisted living facilities are further responsible for providing a safe and secure environment free of any hazardous conditions. The Ohio Department of Health (ODH) inspects and licenses such facilities, with inspectors evaluating the standard of care and services on a regular basis, at least once every 15 months.
If a resident suffers injuries in an accident, whether due to a hazardous condition at the facility, during a recreational activity, or while using the provided transportation, they and their family could have legal recourse and hold the assisted living facility to account. A Cleveland assisted living accident lawyer can determine whether you have a case and could hold the facility to account.
Avoidable Accidents in Assisted Living Facilities
Accidents can always happen, but if the assisted living facility was negligent in causing an accident and your loved one’s injuries, you could have legal recourse and potentially recover damages. Avoidable accidents can include but are not limited to:
Slip and Fall Accidents
The elderly are particularly vulnerable to suffering serious and debilitating injuries in a fall. The Centers for Disease Control and Prevention (CDC) identifies falls as a potential threat to a senior’s independence.
If your loved one suffered injuries due to a slip and fall, you could potentially have a case against the assisted living facility. If the property was in disrepair or dangerous conditions persisted, for example, the home could be liable for a resident’s damages. Lack of adequate maintenance and the presence of unacceptable hazards can include the following conditions, among others:
- Broken or missing steps
- Lacking handrails
- Loose floorboards and loose carpeting
- Wet and slippery floors
- Insufficient lighting
If your loved one suffered harm in a transportation accident or during a recreational trip, you could potentially pursue compensation if you can prove negligence. A lawyer with our firm can investigate your loved one’s accident and advise you on your legal options.
Negligent Security Incidents
Negligent security incidents can happen in assisted living facilities that lack appropriate security installations such as locks, gates, fences, and security cameras, to name just a few examples. If residents come to harm in attacks, assaults, or burglaries, they could potentially hold the facility to account for negligent security.
Failure to Supervise
Some residents live a largely independent life. Others, however, may need more assistance with their daily activities or with getting around the property and transferring in and out of vehicles. If staff does not offer adequate assistance and supervision, and an individual gets hurt, they could potentially have a case against the facility.
There can be other types of accidents that could give grounds for a personal injury lawsuit against an assisted living facility. One of our lawyers can advise you of your legal rights.
You Could Recover Compensation
Injuries from a slip and fall or other accident can be painful, emotionally distressing, and costly. If the assisted living facility is responsible for your loved one’s medical bills and other financial losses, you could potentially pursue compensation, including but not limited to:
- All healthcare costs relating to the injuries
- Future medical expenses
- Awards for physical pain and suffering
- Awards for emotional distress
- Awards for loss of life quality
So-called non-economic damages such as pain and suffering can be challenging to calculate, but your attorney knows how to determine the value of your case and calculate your present and future damages.
How a Cleveland Assisted Living Accident Attorney Can Help
Standing up against a negligent assisted living facility can be stressful and challenging. Moreover, the assisted living facility and its team of lawyers may fight any claims vigorously. Having determined and dedicated legal representation can take a burden off your shoulders and help you with holding a negligent home accountable.
Investigating the Accident Thoroughly
Your attorney will investigate an accident fully, including gathering any available evidence for negligence. They will also speak to any witnesses such as other residents, visitors, or employees of the assisted living home.
Reviewing the facility’s records
Your lawyer may be able to unearth inspection records that show previous violations of state or federal laws regarding maintenance, hygiene, and other potential problems with the facility.
Negotiating With the Assisted Living Facility
Once your attorney has established the facts of the accident and liability of the assisted living facility, they can begin to negotiate a settlement with the facility and its insurance company. While personal injury claims can be resolved out of court, this will depend on the insurance company’s willingness to settle.
Filing a Lawsuit Against the Facility
If settlement negotiations fail to produce a comprehensive settlement, your Cleveland assisted living accident lawyer can file a personal injury lawsuit against the assisted living facility and fight for your rights to compensation.
Call Pintas & Mullins Law Firm Now for Help
Handling a lawsuit against an assisted living facility on your own can be tricky and full of pitfalls. You could be battling the other side’s lawyers’ attempts at discrediting your claim. Why struggle on your own if you do not have to?
Pintas & Mullins Law Firm has a decades-long track record of helping injured individuals get the compensation they need to go on with their lives. Let us help you. You will not pay attorney’s fees unless you receive a settlement. Call us now for a free consultation at (800) 842-6336 and speak with a member of our team.