Nursing home falls pose a serious and potentially life-threatening risk for elderly residents. Each year, thousands of nursing home residents experience falls that can lead to broken bones, head injuries, and other serious injuries.
These accidents are not just physically painful; they can also cause emotional trauma and long-term health issues. If you believe that a loved one’s fall was caused by negligence, consulting an Oklahoma City nursing home fall lawyer can help ensure that the nursing home is held responsible for its failure to provide a safe environment.
Given that falls are the leading cause of injury for adults aged 65 and older, with over 14 million—or 1 in 4—older adults reporting a fall each year, it’s vital for nursing homes to prioritize the safety of their residents. When these facilities fail to provide a safe environment, the consequences can be devastating.
Common Causes of Nursing Home Falls
Knowing what causes these falls can help spot problems and prevent them from happening again. Here are some of the most common reasons why nursing home falls occur:
Environmental Hazards
Nursing home environments should be designed with the safety of residents in mind, but unsafe conditions are unfortunately common. These hazards can easily cause residents to trip and slips. These hazards could be:
- Wet floors
- Poor lighting
- Uneven surfaces
- Cluttered hallways
- Equipment that are not properly maintained (e.g. wheelchairs or walkers)
Inadequate Supervision
Staff members in nursing homes play an essential role in helping residents move safely. When nursing homes are understaffed or when caregivers are not adequately trained, residents are left unsupervised for long periods, increasing the risk of falls. Those with mobility issues, cognitive impairments, or a history of falls need constant supervision that isn’t always provided.
Medication Side Effects
Many nursing home residents take medications that can cause dizziness, confusion, or weakness. Medications for blood pressure, pain management, and psychiatric conditions often have side effects that impair balance. If residents are overmedicated or their prescriptions aren’t carefully monitored, the chances of falling increase.
Mobility Issues and Physical Weakness
Aging often brings about physical challenges like muscle weakness, joint problems, and balance issues. Many nursing home residents struggle with mobility and may rely on assistive devices, such as walkers or canes. Without proper assistance or physical therapy, these residents are more prone to falling, especially when trying to stand up, sit down, or walk.
Cognitive Impairments
Residents suffering from dementia or other cognitive impairments may forget their limitations or be unaware of their surroundings. This can lead to:
- Attempts to walk unaided
- Climb out of bed without help
- Navigate unfamiliar areas of the nursing home
Improper Use of Equipment
Assistive devices such as walkers, canes, and wheelchairs are meant to help residents move safely. However, if these devices are not properly adjusted to the resident’s needs or if staff do not help residents use them correctly, they can become a fall risk. Equipment that isn’t maintained or repaired promptly can also malfunction, leading to accidents.
How Can You Seek Compensation for a Nursing Home Fall in Oklahoma City?
If a loved one has fallen in a nursing home and suffered injuries, you may be able to seek compensation for their harm. To file a successful claim, several legal elements must be established to prove the nursing home’s negligence. These include:
- Duty of Care: Nursing homes are legally responsible for providing a safe environment and proper care for their residents. For example, nursing home staff should ensure hallways are clear, assist residents with mobility, and provide adequate supervision.
- Breach of Duty: A breach might occur if staff don’t follow safety protocols, fail to supervise residents who need help, or don’t fix known hazards like broken handrails or slippery floors. Proving that the facility didn’t uphold its duty of care is essential in making a claim.
- Causation: To seek compensation, it’s also important to show that the nursing home’s breach of duty directly caused the fall and the injuries that followed. For example, if a resident slipped on a wet floor that staff failed to clean up, this breach of duty would be linked to the fall.
- Damages: Finally, you need to prove that the fall resulted in actual harm, or damages, to the resident. Damages can include physical injuries like broken bones, emotional distress, or financial losses from medical bills.
Types of Damages You May Be Entitled To
When pursuing a claim for a nursing home fall in Oklahoma City, there are different types of damages that you could potentially recover:
Economic Damages
Economic damages cover the financial losses that result from the fall. This can include:
- Medical bills for treatment, rehabilitation, or surgeries.
- Costs for additional care, such as hiring a home nurse.
- Any future medical expenses related to the fall.
- Lost wages if the injured resident had been working before the fall.
Non-Economic Damages
Non-economic damages are for the more subjective, non-monetary losses, such as:
- Pain and suffering caused by the fall and any resulting injuries.
- Emotional distress or trauma experienced by the resident.
- Loss of enjoyment of life if the fall leads to long-term disability or affects the resident’s quality of life.
Punitive Damages
In some cases, you may also be entitled to punitive damages. These are awarded when the nursing home’s behavior was especially reckless or harmful, and the court wants to punish the facility. For example, if the nursing home knew about serious safety hazards and ignored them, punitive damages might be considered.
Don’t go through this alone. Contact an experienced attorney in Oklahoma City today to help you or your loved one get the compensation you deserve for the physical, emotional, and financial hardships caused by a nursing home fall.
What to Do After a Fall in a Nursing Home in OKC
If your loved one has experienced a fall in a nursing home, taking immediate and careful action is important to protect their well-being and your legal options. Below are key steps to take:
1. Seek Medical Attention Immediately
Even if the injuries look small, it’s really important to get your loved one checked out by a doctor. Some injuries, like head injuries or internal bleeding, might not show up right away. Make sure they get the care they need, and keep a record of any injuries. This is important if you decide to make a claim later.
2. Document the Incident
Try to gather as much information as you can about the fall. Write down where it happened, any dangers that might have caused it (like a slippery floor or bad lighting), and if any staff were around. If you can, take pictures of the area and jot down anything your loved one or any witnesses remember.
3. Report the Fall to the Nursing Home
Make sure the nursing home knows about the fall. Ask them for an incident report, and keep a copy of everything you receive. Also, ask for written information on what they plan to do to prevent this from happening again in the future.
4. Avoid Posting Social Media
Avoid posting about the incident on social media. Insurance companies and lawyers often look at social media posts, and anything you say could be used against you later. Keep things private to protect your case.
5. Don’t Accept the First Offer from the Insurance Company
Insurance companies often want to settle quickly, usually with a low offer. It might be tempting to take the first offer, but it might not cover everything your loved one needs, like medical expenses or emotional distress. Talk to a lawyer before you agree to anything.
6. Watch What You Say to the Insurance Company
Avoid admitting any fault or making statements like “It could have been worse” or “It was just an accident.” Insurance adjusters may use your words to reduce the compensation you are entitled to. It’s best to keep communication factual and let an attorney handle discussions with the insurer.
7. Monitor Your Loved One’s Health Over Time
Some injuries from falls, such as cognitive decline or emotional trauma, may develop gradually. Be attentive to any changes in your loved one’s physical or mental health and document these developments. Long-term effects should be considered when seeking compensation for damages.
8. Get in Touch with Oklahoma Nursing Home Fall Lawyers
Consulting with an experienced attorney who specializes in nursing home negligence is the best way to protect your loved one’s rights. An attorney will help gather evidence, communicate with the insurance company, and pursue the maximum compensation for medical bills, pain and suffering, and other damages.
How Our Oklahoma City Pressure Ulcer Attorney Can Help
Handling a fall in a nursing home can be tough, especially when you’re worried about your loved one’s health. Our Oklahoma City pressure ulcer attorney is here to help you through this challenging time and make sure you get the compensation you deserve.
We know that nursing home negligence cases can be complicated, but we’re committed to standing up for your rights. Here’s how we can help with your nursing home fall claim:
- We offer an initial consultation at no cost, allowing you to discuss your situation and understand your legal options without any pressure.
- Our team will thoroughly assess the details of the fall, including gathering evidence, reviewing medical records, and identifying potential negligence on the part of the nursing home.
- We’ll help collect important evidence such as photos of the accident scene, witness statements, and any relevant medical documentation to strengthen your case.
- We handle all communications with the insurance company on your behalf, ensuring that your rights are protected and that you don’t say anything that could harm your claim.
- If your case goes to court, our experienced attorney will represent you, presenting a strong argument to support your claim and seeking the compensation you deserve.
- We’ll help determine the full extent of damages you may be entitled to, including medical expenses, pain and suffering, and other related costs.
With our dedicated approach, you can focus on what matters most—caring for your loved one—while we handle the legal complexities of your nursing home fall claim.
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Deadlines
In Oklahoma, the statute of limitations for personal injury cases, including those involving nursing home falls, is typically two years from the date of the incident. This means you have a limited window to file your lawsuit.
If you miss this deadline, you could lose your right to seek compensation for medical expenses, pain and suffering, and other damages related to the fall. Contacting a lawyer as soon as possible is key to ensuring your case is handled correctly and within the necessary timeframe. An experienced attorney can guide you through the process, gather important evidence, and help you file your claim on time.
The sooner you reach out for help, the better your chances of achieving a successful outcome. Don’t wait—protect your rights and seek the support you need. Contact us today!
What Are My Expected Costs?
At Steele Law Firm, we work on a contingency fee model, which means you don’t have to worry about paying us upfront. Instead, our fees are taken from the settlement or compensation you receive if we win your case.
Here’s how it works:
- No Upfront Fees: You won’t pay any legal fees until we successfully secure compensation for you. This allows you to focus on your loved one’s recovery without the stress of immediate legal costs.
- Percentage of Settlement: Our fee is typically a percentage of the total amount we win for you. This percentage is discussed upfront, so you know exactly what to expect. It usually ranges from 25% to 40%, depending on the complexity of your case.
- Additional Costs: While our attorney fees are contingent on the outcome, there may be other costs associated with your case. These can include court filing fees, medical record expenses, and expert witness fees. We cover these costs initially and will deduct them from your settlement if you win.
We believe in being upfront about all costs. We’ll explain our fees and any additional expenses clearly, so you won’t have any surprises along the way.
This model allows you to pursue justice without the financial burden of upfront legal fees. Our priority is to help you get the compensation you deserve while making the process as stress-free as possible. If you have any questions about costs or how our fees work, feel free to reach out—we’re here to help!
Contact an Oklahoma City Nursing Home Fall Attorney Today!
If you or a loved one has experienced a fall in a nursing home, it’s important to act quickly to protect your rights and seek the compensation you deserve. Our experienced team is here to help you navigate this challenging time and fight for justice.
Don’t wait—reach out to us today by calling (816) 466-5947 or emailing us at jonathan@nursinghomeabuselaw.com. You can also fill out our contact form for more information.
We proudly serve clients in Oklahoma, Kansas, and Missouri. Let us guide you through the process and ensure you receive the support you need. Contact us now to schedule your free consultation!
