Louisville Nursing Home Fall Lawyer

Louisville Nursing Home Fall Attorney

Nursing homes have a duty to provide a safe environment for residents and to ensure they have reasonable care and respect. That said, some people abuse this power through actions of misconduct or negligence, which can lead to injuries or even the death of your loved one. If you have an elderly family member who has experienced a fall due to these circumstances, a skilled Louisville nursing home fall lawyer can help you seek compensation for your losses.

Pleasant Law, PLLC, has about two decades of experience handling nursing home injury and wrongful death cases throughout Louisville, and we’re committed to achieving fair results for each and every client. We understand the legal processes that surround nursing home fall injuries and can fight for your loved one’s rights.

Falls in Louisville Nursing Homes

Falls in nursing homes are, unfortunately, a common occurrence and can often lead to severe injury or even death. According to the Kentucky Violence and Injury Prevention Program, 44,659 fall-related visits and 8,694 fall-related hospitalizations for people 65 years and older were reported to Kentucky emergency departments in 2021 – which was an increase from numbers reported in years prior.

Nursing home fall cases involve unique considerations when compared to standard personal injury cases, especially under Kentucky law. Nursing homes are regulated by both federal and state laws to ensure they act in the interest of their residents. The federal Nursing Home Reform Act of 1987 establishes nursing homes’ duty of care for their residents.

Moreover, the Kentucky Revised Statutes (KRS) outline requirements for long-term care facilities to have adequate staffing, personalized care plans for residents, and regular safety inspections.

What to Do if You Suspect a Louisville Nursing Home Is at Fault for a Loved One’s Fall

When you leave a loved one in a long-term care facility, you’re putting a lot of trust in the system to care for them. When that trust is broken, you have the right to hold them accountable and seek compensation.

When you file a claim against a nursing home for a fall, you can expect to enter negotiations with their insurance company to reach a settlement agreement. If you can’t reach an agreement, you can file a case with the Jefferson Circuit Court to enter litigation.

A Louisville nursing home fall lawyer can help you through the negotiation process as well as the procedures that follow filing your case with the court, if necessary.

Common Causes of Nursing Home Falls in Louisville

Approximately 1,800 elderly adults living in nursing homes across the country die from falls each year, which is why it’s so important to understand what leads to these incidents and how to prevent them. Common causes of falls in nursing homes include:

• Improper medication administration
• Inadequate lighting
• Lack of sturdy handrails
• Residents are allowed to wander on their own
• Unsafe resident-handling practices

Why Work With a Louisville Nursing Home Fall Lawyer?

In 2021, falls caused over 38,000 deaths among adults aged 65 and older nationwide in 2021. It was the leading cause of injury and death for that demographic. That same year, emergency departments recorded approximately three million visits from older adults who sustained a fall injury.

These numbers demonstrate how fall injuries are still a big risk for elderly residents at nursing homes, which is why it’s important to know how to protect your loved ones if the cause of the injury was caused by the facility’s misconduct or negligence.

Filing a claim against a nursing home is fairly straightforward, but navigating the legal process can still be daunting. A Louisville nursing home fall lawyer can help you with every aspect of your case, such as gathering evidence, submitting documents, and negotiating with the at-fault party’s insurance company.

FAQs

Can I File a Case Against a Nursing Home for a Fall in Louisville?

If a nursing home’s negligence or misconduct led to a loved one’s fall injury, you can file a claim and may be able to seek compensation. However, not just anyone can open a case against a nursing home. In Kentucky, nursing home residents, their guardians, or a family member are eligible to file a claim against a nursing home for abuse, neglect, or negligence.

How Are Nursing Home Fall Cases Different From Personal Injury Cases in Louisville?

Cases involving a fall in a nursing home are essentially a type of personal injury case, but they can involve unique legal and medical considerations. Fall cases in a nursing home differ from standard injury cases mostly due to the nursing home’s duty of care and the victim’s vulnerability. Nursing homes are legally obligated to provide a safe environment for residents and can be held liable under specific state and federal regulations for nursing homes.

What Damages Can I Recover in a Fall Case Against a Nursing Home in Louisville?

When you file a case against a nursing home, you can potentially recover past, present, and future damages for emotional and physical pain and suffering. You can also recover economic damages for any medical expenses, lost wages, loss of future income, and funeral costs when applicable. In some cases, you may be entitled to punitive damages for reckless disregard of human life.

What Evidence Is Needed to Win a Nursing Home Case in Louisville?

The more evidence you can present for your case, the more likely you are to win the settlement. In order to win a nursing home fall case, you must show that a nursing home’s negligence or misconduct directly caused harm or injury to the resident. This typically involves gathering evidence such as caregiver documentation, professional opinions, inspection records, and medical bills and records. It’s also pertinent to take photos or videos to back your claims up.

Protect Your Loved Ones and Contact a Louisville Nursing Home Lawyer Today

Dealing with the aftermath of an elderly loved one’s fall injury can be stressful and emotionally challenging enough. When the cause of that injury was due to a nursing home’s actions or inaction, you can leave the nuances of navigating legal processes and procedures to a Louisville nursing home lawyer. If you’re ready to discuss your case, our team at Pleasant Law, PLLC, is here for you. Call our office to set up a consultation today.