Many assisted living residents require help with tasks like eating, moving, or bathing. Sometimes their older age, combined with the health conditions that require them to need assistance, leave residents vulnerable to neglect or mistreatment from a caregiver.
If your loved one was injured or died in an accident while residing in an assisted living facility, a Dallas assisted living accident lawyer could help you seek financial compensation. Pintas & Mullins Law Firm can help you fight against poor treatment of elderly people. To speak with a member of our team to schedule a free consultation, call (800) 842-6336.
Assisted Living Facilities Provide Varying Levels of Care
Assisted living facilities provide older adults with the services they need while still allowing them to maintain their independence. Residents live in their own rooms or apartment but receive help with their personal care needs, health care, meals, and more.
The type of facility residents live in depends on how much help they require. The Texas Department of Aging and Disability Service (DADS), which regulates long-term care homes, classifies assisted living facilities as:
- Type A: These homes are authorized to care for residents who can physically evacuate themselves from the facility and follow directions in an emergency. Residents do not need routine care during sleeping hours.
- Type B: These facilities may care for residents who need assistance evacuating in case of an emergency. Residents require care while sleeping and help with moving in and out of a wheelchair.
- Type C: These four-bed facilities meet DADS’ minimum enrollment standard for classification as adult daycare.
When you select a facility, you expect your loved one to receive all the services they need to ensure their health and safety. If your family member suffered from an accident, it could indicate they were not monitored and assisted in the way you were promised. At best, accidents point to neglect. At worst, they could be a warning sign of abuse.
Falls and Other Injuries May Be Cause for Concern
Falls are common among older adults. The Centers for Disease Control and Prevention (CDC) states that falls send about 3 million older adults to the emergency room every year. Falls are the leading cause of hip fractures and head injuries. Both injuries can lead to a rapid physical decline in older adults.
- Traumatic brain injuries (TBIs) – In addition to falls, physical violence, such as a blow to the head, can cause TBIs. According to the Mayo Clinic, severe TBIs can cause unconsciousness, seizures, coma, loss of coordination, and slurred speech. Complications from TBIs may result in infections, stroke, and blood clots. TBIs may also require hospitalization and surgery to treat, as well as rehabilitation, to fully recover. Sometimes, TBIs are fatal.
- Hip fractures – According to Geriatric Orthopaedic Surgery & Rehabilitation, hip fractures are a leading cause of mortality in older adults. Hip fractures often require surgery, which can create a financial strain. This type of injury can also greatly reduce a senior’s independence and quality of life.
Falls and other accidents, especially if they occur often, could signal neglect and abuse. According to the National Council on Aging (NCOA), abuse affects about 10 percent of American adults aged 60 and older.
You should be concerned if your loved one routinely has bruises, cuts, and other unexplained injuries. Other signs of mistreatment may include frequent fractures, pressure ulcers, rapid weight loss, and signs of depression in your loved one. Medication errors, untreated infections, and unhygienic conditions should also raise the alarm.
If you are interested in speaking with an attorney about your loved one’s situation to see what legal options are available, call Pintas & Mullins today for a free case evaluation. We can answer your questions so you can have the information you need to decide what steps to take next.
For a free legal consultation with a Dallas Assisted Living Accidents Lawyer serving Dallas, call (800) 794-0444
Getting Help for Your Loved One
If you have any reason to suspect your family member is being abused or neglected, remove them from the harmful situation immediately.
If you want to seek monetary damages from the assisted living facility where you suspect the abuse or neglect took place, you should contact a Dallas assisted living accident lawyer as soon as you can.
The facility’s liability insurance policy may cover your claims. Through insurance, your lawyer can try to help you negotiate a sum to recoup the costs of your loved one’s medical care, the fees you paid to the assisted living home, and awards to help them relocate to another residence.
If you do not reach a favorable settlement with the insurance company, you may choose to pursue your case in civil court. Your loved one could receive awards for the pain, anxiety, fear, and anguish they have suffered. An attorney can help you with your case and manage it while you attend to your loved one’s needs.
If your family member’s injuries resulted in their death, you could sue for the damages they incurred, burial and funeral costs, and your pain and suffering. You generally have two years under the Texas Civil Practice and Remedies Code §16.003 to file a personal injury or wrongful death lawsuit. Your attorney can help you do this before time runs out.
Dallas Dallas Assisted Living Accidents Lawyer Near Me (800) 794-0444
Helping You Help Your Loved One
When you put your loved one in an assisted living facility, you are probably hoping to provide them with as much independence as possible while ensuring they are safe and well-cared for. You trust the staff to look after your family member and make sure they do not suffer from accidents, mistreatment, or other harm.
What happens when the opposite occurs, and your loved one is injured? A Dallas assisted living accident lawyer can help you establish liability and prove that your loved one’s accident resulted from negligent or abusive behavior.
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At the Pintas & Mullins Law Firm, our goal is to help you stand up for your loved one and win financial awards to help you provide for their care. If your loved one lost their life, we know money cannot bring them back, but it may give you justice and peace of mind. Call us today at (800) 842-6336 for a risk-free consultation.