Nursing Home Falls and TBIs
Brain Injury, Nursing Home AbuseOne major problem in nursing homes is when people fall down. These falls can cause a brain injury. This is called a traumatic brain injury, or TBI for short.
If someone you care about has fallen in a nursing home and got hurt, you might be feeling upset and confused. You might not know what to do next. This guide will explain what happens after a fall in a nursing home and why you must talk to a traumatic brain injury in nursing home lawyer.
Why Falls Happen in Nursing Homes
There are many reasons why someone might fall in a nursing home. Sometimes, the floors are slippery, or there’s clutter that people can trip on. Other times, bad lighting might make it hard for people to see where they’re going.
Sometimes, falls happen because the nursing home staff isn’t doing their job properly. They might not be watching the patients closely enough or helping people walk when needed.
Getting Medical Help After a Fall in a Nursing Home
If someone falls in a nursing home, the first thing that needs to happen is for them to see a doctor, even if the person doesn’t look hurt. Some injuries, especially traumatic brain injuries, might not show up right away.
The doctor will check the person over and might do some tests. They’ll look for signs of a TBI, like headaches, feeling dizzy or confused, or having trouble remembering things. They might also scan the person’s brain to look for any damage.
It’s important to keep all the papers from the doctor visits. These will help later on if you need to show what happened.
Why You Should Talk to a Personal Injury Lawyer
After someone gets hurt in a nursing home, talk to an attorney. A personal injury attorney who knows about nursing home accidents can help in many ways.
First, they can explain your rights. Nursing homes have rules they have to follow to keep people safe. If they didn’t follow these rules, they might have to pay for the hurt they caused. A lawyer can tell you if this happened in your case.
A nursing home accident lawyer can also deal with the nursing home and their insurance company. These companies often try to pay as little as possible, even if someone gets seriously injured. A personal injury lawyer knows how to talk to them and fight for what you deserve.
Gathering Evidence
One important job a personal injury lawyer does is to gather evidence. This means collecting all the information that shows what happened and how it affected the person who got hurt.
The lawyer might ask for the nursing home’s records. These can show if the staff did their job. They might also talk to people who saw what happened or who know about how the nursing home usually works.
The lawyer will also look at all the medical records. These show how bad the injury was and what kind of care the person needed. All this information helps build a strong case.
Understanding Negligence in Nursing Home Fall Cases
When a lawyer examines a nursing home fall case, they often discuss negligence. Negligence means that someone wasn’t as careful as they should have been.
In a nursing home, the staff and owners have a job to keep everyone safe. If they don’t do this job well, and someone gets hurt, that’s negligence.
For example, if the staff knew that a floor was wet and slippery but didn’t clean it or put up a warning sign, that can be negligence. Or if they knew a patient needed help walking but left them alone, that can also be negligence.
A personal injury lawyer experienced in brain injuries can help determine if negligence happened in your case. This is important because if there was negligence, the nursing home might have to pay for the damage they caused.
Talking About Damages in Nursing Home Fall Cases
When lawyers discuss a case like this, they often use the word damages. This doesn’t just mean the damage to someone’s body. It also means all the losses the accident caused the patient and their family.
Damages can include medical bills, both for treatment right after the fall and for any care the person might need in the future. It can also include money to compensate for the pain and suffering the person went through.
If the person who got hurt can’t work anymore because of their injury, damages might also include the money they would have earned if they hadn’t suffered an injury.
A good personal injury attorney will work hard to ensure all these damages are counted. They want to ensure the hurt person and their family get all the help they need.
The Process of a Nursing Home Fall Case
When you decide to work with a lawyer on a nursing home fall case, a few steps usually happen.
First, the lawyer will review all the information and decide if you have a good case. If they think you do, they’ll send a letter to the nursing home, telling them you’re considering suing them.
Next comes a step called discovery. This is when both sides share information about what happened. Your brain injury lawyer will ask the nursing home for records and other information. The nursing home’s lawyers might ask for information from you, too.
During this time, your lawyer might try to make a deal with the nursing home. This is called a settlement. If you can agree on a fair amount of money, the case might end here.
If you can’t agree, the case might go to court. In a trial, a judge or jury listens to both sides and makes a decision.
Mediation and Arbitration
Sometimes, instead of going to court, both sides might agree to try mediation or arbitration. These are ways of solving the problem without a full trial.
In mediation, a neutral person called a mediator helps both sides talk to each other and try to find a solution they both like. The mediator doesn’t make any decisions. They just help everyone talk and understand each other better.
Arbitration is more like a trial, but it’s usually faster and less formal. In arbitration, an arbitrator listens to both sides and decides. This decision is usually final, which means everyone has to follow it.
Your nursing home accident attorney can help you decide if mediation or arbitration might be a good idea for your case.
How Long Does All This Take?
One question many people have is how long it will take to finish their case. The truth is, it can take a while. Some cases might be done in a few months, but others can take a year or even longer.
There are many things that can affect how long it takes. If the case is very complicated or if there’s a lot of evidence to examine, it might take longer. Things can take longer if the nursing home doesn’t want to make a fair deal.
Your lawyer will work to move things along as quickly as possible. But they also want to ensure everything is done right, so they won’t rush if it means you might get less help than you deserve.
What You Can Do to Help Your Nursing Home TBI Case
While your lawyer will do most of the work on your case, there are some things you can do to help.
Keep all your medical records and bills in one place. Write down everything you remember about what happened and how the injury affected your or your loved one’s lives.
If the doctors give any instructions for care or therapy, you should always follow them. This shows that you’re doing everything you can to get better and that you have complete records to support your injury claim.
It’s also important to be careful about what you say to others about the case. It’s best not to talk about it on social media or with people you don’t know well. If the nursing home or their insurance company tries to talk to you, tell them to contact your lawyer instead.
When the Nursing Home Fights Back
Sometimes, the nursing home might try to say the fall wasn’t their fault. They might say the person who fell wasn’t being careful enough or that the fall was just an accident that no one could have stopped.
This is where having a good lawyer is best. Your lawyer knows how to answer these arguments. They can show how the nursing home should have done more to keep people safe.
Your lawyer will work hard to prove that the nursing home didn’t do its job right. They’ll use all the evidence to show why the nursing home should be responsible for what happened.
Thinking About the Future
When someone gets a TBI, it can affect them for a long time. They might need care or therapy for months or even years. Some people might need help for the rest of their lives.
That’s why your lawyer must consider the future when working on your case. They need to ensure that any settlement or court decision gives enough money to cover all the care the person might need.
This might include ongoing medical treatment, therapy to help with movement or speech, or even changes to the person’s home to make it easier for them to get around. A good lawyer will work with doctors and other experts to figure out what kind of care might be needed in the future.
Dealing with Insurance Companies After a Nursing Home Fall
You’ll probably have to deal with insurance companies when you’re trying to get help after a nursing home fall.
Insurance companies often try to pay as little as they can. They might offer you a quick settlement that seems like a lot of money. However, it might not be enough to cover all the injury costs, especially if the person needs care for a long time.
This is another reason why having a lawyer is so important. A lawyer who knows about these cases can tell if an offer is fair. They can negotiate with the insurance companies to get a better deal. And if the insurance companies won’t deal with you fairly, your lawyer can take them to court.
Remember, the insurance companies have lawyers working for them. Having a personal injury lawyer means you have someone on your side who knows how to stand up to them.
Make the Decision to Get Help From a Personal Injury Lawyer, Reach Out Today
If you or someone you care about has fallen and gotten a TBI in a nursing home, you have a big decision to make. Should you just accept what happened, or should you stand up for your rights?
It’s normal to feel unsure about what to do. You might worry about causing trouble or about whether it’s worth the effort to fight. But remember, nursing homes have a job to keep people safe. If they didn’t do that job, it’s okay to hold them liable.
Talking to a lawyer doesn’t mean you have to sue anyone. It just means you’re getting information about your options. A good lawyer will listen to your story and help you understand what you can do next.
The most important thing is to ensure that the person who got hurt gets all the help they need. A lawyer can help make that happen. They can fight for fair payment for medical bills, ongoing care, and all the other costs associated with a TBI.
So, if you’re wondering what to do after a nursing home fall, talk to a lawyer who knows about these kinds of cases. They can guide you through the process and help you make the best decision for you and your family.
Remember, you don’t have to go through this alone. An experienced personal injury attorney skilled in nursing home accidents can help you understand your rights and fight for what you deserve.
Don’t wait to get the help you need. Reach out to a Charleston personal injury attorney today to learn more about your options.
Nathan Hughey, an attorney and fourth-generation South Carolinian, founded Hughey Law Firm in 2007. Before that, he spent five years defending nursing homes and insurance companies. Leveraging his experience, he now advocates for those injured or wronged by such entities, securing over $220 million in verdicts and settlements.