Nursing homes are generally liable for falls, per Florida Statutes § 400.023. All nursing homes must keep their residents safe from injuries. This involves supervising residents during activities, responding promptly to calls, and keeping areas clear of clutter.
If your loved one fell in a nursing home and suffered injuries, you can hold the nursing home financially accountable.
All Nursing Homes Have a Duty of Care to Keep Residents Safe
When you entrust your loved one to a care facility, its staff must do everything possible to ensure residents’ safety. This involves preventing injuries caused by falls. Nursing homes must also:
- Provide clean and safe living conditions
- Supervise patients, especially those with a history of falling
- Monitor patients for any health conditions, such as bedsores
- Provide healthy meals
- Respond to emergencies
You could pursue compensation from the nursing home’s insurer if your loved one suffered harm. Financial recovery can account for your loved one’s healthcare expenses, pain and suffering, and more.
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Who Can Be Accountable for My Loved One’s Fall?
Sometimes, nursing home injury cases involve multiple parties. Aside from the nursing home, you can hold these parties accountable:
- A healthcare provider. If your loved one’s nurse allowed them to fall, we can hold them accountable through an insurance claim or a lawsuit. We can also pursue damages from a doctor who prescribed medication with adverse side effects.
- A product manufacturer. Your loved one’s walking device may have failed, allowing them to fall. In this case, we can file a product liability claim against the product manufacturer.
You don’t have to manage this situation on your own. Our Miami nursing home abuse lawyers can identify the liable parties and pursue compensation for your loved one’s damages.
Nursing Homes Can Be Liable for More Than Falls
In addition to being liable for falls, nursing homes can also be liable for:
- Sexual abuse
- Physical abuse
- Emotional trauma
- Medical malpractice, including improperly administered medications
- Financial abuse
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How a Lawyer From Our Firm Can Hold a Nursing Home Liable
Our law firm seeks to empower nursing home abuse claimants. While financial recovery can’t undo your loved one’s fall, it can make affording medical care much easier. Consider how our team can serve you:
We Can Gather Evidence to Support Your Case
To recover compensation, we must have evidence to support your allegations. Supporting information may include:
- Security camera footage
- Any accident reports
- Eyewitness testimony
- Statements from your loved one (if they are able to give a statement)
- Your loved one’s medical treatment records
- Photos of your loved one’s injuries
We can also consult with healthcare providers to learn more about the cause of your loved one’s injuries.
We Can Calculate Your Case’s Value
Your family deserves compensation for your loved one’s past, present, and future trauma. Using receipts, invoices, and billing statements, we will determine what you are owed.
With the help of our nursing home abuse team, you can recover:
- Your loved one’s necessary medical bills
- Your loved one’s pain and suffering
- Your loved one’s funeral expenses, including burial costs
- Your lost income, if you missed time from work
- Loss of consortium
- Loss of enjoyment of life
We Will File Your Insurance Claim
While Florida’s laws regarding nursing homes having insurance coverage are vague, many facilities still carry liability insurance. We will pursue compensation by filing an insurance claim with the nursing home’s provider. To do this, we will:
- Calculate your damages’ value
- File your claim
- Review all paperwork for completion and accuracy
- Communicate with the involved claims adjuster
- Use evidence to support your case
Right now, we want you to spend time with your loved one. Leave dealing with the claims adjuster to us.
We Will File Your Lawsuit
If the insurance company refuses to settle your case, we can file a lawsuit against the at-fault party, which may include the nursing home itself.
First, we must file your lawsuit within Florida’s statutory deadline. You generally have two years to file your nursing home abuse case, per Florida Statutes § 400.0236.
We will also:
- Interview witnesses on the stand
- Present your loved one’s case to the judge and jury
- Review applicable state law
- Prove the cause of your loved one’s accident
- Object to unfair questions
- Schedule all hearings and meetings
We will do everything possible to recover compensation for your loved one’s losses. As such, we may render other services than those outlined above.
Begin Your Free Case Review With the Law Offices of Anidjar & Levine
The Law Offices of Anidjar & Levine advocates for nursing home abuse claimants. If your loved one fell in their nursing home, we can hold their care facility liable. To explore your options with our trained legal staff, dial 1-800-747-3733. You owe us no upfront fees if you decide to enlist our legal help.
We want to put our knowledge, experience, and resources to work for you.SPEAK TO AN ATTORNEY NOW