If a business is negligent for a slip and fall in Johns Creek, that business is liable for the damages. When an accident happens at a nursing home, advocating for yourself or a family member can be hard. You might file a claim or lawsuit against the nursing home, but it’s rarely easy.
Many nursing homes have insurance companies that won’t accept full responsibility. The insurer will look for ways to pay as little as possible for your injuries. But you have rights, and you shouldn’t pay for the nursing home’s negligence. A Johns Creek nursing home accident lawyer can help.
After a nursing home accident, contacting a trusted lawyer can make all the difference. At John Foy & Associates, we take each client’s situation incredibly seriously. We know how much an accident impacts your life, and we are not afraid to fight hard for what you deserve.
To discuss your options during a free consultation, call (404) 400-4000 or contact us online.
Causes of Nursing Home Accidents
Nursing homes have the same duty of care as other Johns Creek businesses. According to the Official Code of Georgia Annotated (OCGA) §51-3-1, owners and occupiers must “exercise ordinary care” to keep their premises safe. If the area isn’t safe and it causes an accident, the business is liable.
Nursing homes have extra responsibility. Besides keeping their premises safe, employees must provide quality care to residents. Most nursing home residents also need special assistance and attention. If a slip and fall accident happens, it’s usually a sign of carelessness.
Nursing home staff should be especially careful about potential hazards. Common causes of slip and fall accidents include:
- Cluttered walkways
- Wet or slippery floors
- Food or beverage spills
- Left out electrical cords
- Curled up or torn carpeting
- Slippery rugs
- Tracked in ice, snow, or rain
- Poor lighting in walkways
An accident might also happen if an employee fails to help a resident around the facility. Nursing home staff or managers can be negligent in a number of ways. If the negligence leads to an injury, the business is probably liable for the damages.
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Nursing Home Accident Injuries Are Serious
Older adults are more likely to suffer serious injuries during a fall. That’s why nursing homes should be particularly careful about preventing accidents. Hip fractures and other broken bones are common when a resident falls.
Injuries can lead to complications or require extensive surgeries. The aftermath of a slip and fall might mean a long road to recovery. This is why, when we get a call about a nursing home accident case, we take it very seriously.
Common nursing home accident injuries include:
- Broken hips, wrists, ankles, or other fractures
- Traumatic brain injuries (TBIs)
- Severe bruising
- Spinal cord injuries
- Strains and sprains
- Neck or back injuries
Tragically, some accidents lead to disabilities or death. A slip and fall can be catastrophic for a nursing home patient. If someone was negligent in the accident, you probably have a claim for compensation.
What a Nursing Home Accident Lawyer Can Do
If you or a loved one were injured in a nursing home accident, contact a lawyer today. The legal side of these accidents is complicated, and it’s important to take quick action. An experienced lawyer can help you and your family in the following ways:
- Determining who is responsible: A lawyer can investigate how the accident happened and who was at fault. That includes reviewing footage, talking to witnesses, and more.
- Preserving information from the accident: Evidence can disappear fast, especially if the nursing home has something to hide. Your lawyer will gather what they can from the scene before it’s too late.
- Dealing with the insurance company: The nursing home’s insurance company might contact you. They could offer a lowball settlement, hoping you’ll take it and end your case. Your lawyer can communicate and negotiate with the insurance company so that you don’t have to.
- Taking your case to court: If you need to sue the nursing home for negligence, a lawyer can help with each step. They can also help you weigh the pros and cons of bringing a lawsuit.
A lawyer can also help you stay on track without missing any deadlines. In Georgia, you typically have two years from the accident date to bring a case. If you miss that deadline, you probably cannot recover any more compensation for your damages.
Recovering Nursing Home Accident Damages
Your accident claim should include all damages from your fall. Personal injury damages are losses that directly result from the injuries. You might have both special and general damages.
Special damages are those with a set dollar amount. These damages include:
- Doctor bills
- Hospital bills
- Prescription drug costs
- Lost income
- Property damage
A resident might also need emergency medical treatment after a fall. You can also include the costs of ER visits or ambulance services in the claim. Also, consider the future treatment needs that most older adults need after a fall. The injury claim should account for all medical costs resulting from the accident.
General damages are more complicated than special damages. These damages are about how the accident affects the victim’s life. When a fall happens at a nursing home, it can impact a resident’s quality of living in many ways.
Examples of general damages include:
- Physical pain and suffering
- Mental pain and suffering
- Mental anguish
- Loss of enjoyment of life
Talk to a lawyer today about calculating all damages from the fall. Your claim will need to include everything you’ve lost because of the nursing home’s negligence.
Talk to a Johns Creek Nursing Home Accident Lawyer Today
Nursing home accidents can take a huge toll. A resident might suffer life-long injuries or disadvantages after their fall. If someone else’s negligence led to the accident, it’s usually the basis for an injury claim or lawsuit.
John Foy & Associates is here for you and your family. We do not back down from the insurance companies, and we’ll fight tirelessly for the compensation you deserve. To learn more about your legal options, contact us for a free consultation.
Call us at (404) 400-4000 or contact us online today.