Nursing homes are meant to keep people safe. Most people keep their loved ones in nursing homes so they can receive adequate medical care and attention. Some people also keep their loved ones in nursing homes to protect them from deteriorating physical and mental conditions.
The number of accidents in nursing homes is relatively high. Nursing homes are not always successful in preventing all injuries. According to the latest statistics, around five thousand people die due to negligence of nursing home staff. As per the 1987 Nursing Reform Act, nursing homes are responsible for providing care to patients/residents based on industry standards.
If your loved one has suffered an injury due to the negligence of the nursing home staff, you can hire an attorney to file a personal injury case against the nursing home and seek monetary compensation. Many people whose loved ones suffer due to nursing staff’s negligence do not file a claim as they do not have the right information about the cost of personal injury case. To make things simple for you, we have shared useful information related to a personal injury claim.
What Are the Costs Involved in a Personal Injury Claim?
The costs of personal injury claims vary with attorneys. Leading personal injury lawyers offer a free consultation to their clients. You are also not required to pay any amount to the lawyer until you get the compensation amount. Instead of a fee, the personal injury attorney takes a specific percentage from the settlement’s final amount.
According to market research, the lawyer may charge contingency fees equivalent to 20% to 40% of the total settlement amount. The industry standard is around 33% of the settlement amount. It means you don’t have to pay any advance to the attorney for filing a personal injury claim. Thus you can see the cost is not that high as perceived by some people.
What Are the Common Nursing Home Injuries?
A nursing home injury can include any physical harm suffered by the older person while residing in a long term care facility. As people get older, there comes an increased risk of injuries due to slip and fall accidents. Hence, many people place older people in a long term care facility to protect them from accidents. Here is the list of common nursing home injuries against which you can file a personal injury claim.
- Bedrail injuries
- Broken bones
- Spinal Injuries
- Fall and Fractures
How Do Nursing Home Injury Attorneys Help?
Not all staff at a long term care facility is dedicated to their residents. There have been cases where elderly patients have suffered injuries due to the negligence of the nursing staff. There are several examples of nursing home abuse cases where the staff hit the residents, causing injuries.
The government has laid protocols for delivering care to senior residents in the long term care facility. However, these protocols are often overlooked by the facility’s staff and management, leading to severe cases of neglect and abuse towards its residents. If your loved one has suffered due to nursing home staff abuse or neglect, consult a personal injury lawyer to get justice for your loved one along with monetary compensation.
The personal injury attorney will meet the victim and the family members to discuss whether a personal injury case can be filed. The lawyer will discuss the following things:
- Circumstances surrounding the neglect or abuse of the victim
- The physical and mental condition of the victim
- The nursing home accident history
After studying these three aspects, the lawyer will determine the right course of legal action that needs to be taken against nursing home care. Any prominent lawyer will file a personal injury claim on behalf of the victim and immediate family members. The lawyer will pursue the case on the following points.
- The nursing home care is legally bound by contract to provide medical care to the victim of the personal injury case.
- The neglect of the nursing home staff resulted in the accident and injuries to the resident. Hence, nursing home care failed in delivering adequate care to meet the resident’s needs.
- The accident has caused severe, permanent, or long-term injuries that have increased the resident’s suffering.
To sum up, every long term care facility is bound by rules related to providing care to its residents. Suppose the facility fails in its duties of providing the right medical care. In that case, you have the right to expose them by filing a personal injury claim and demand compensation for neglecting your loved one living in the nursing home.