Most nursing home claims stem from some sort of negligent action or inaction by one of its staff member, or, in some cases, another nursing home resident. Negligence refers to any act or failure to act that violates the standard of care that a reasonable person would exercise in a similar situation. If a staff member injures a nursing home, assisted living, or community based residential facility resident through some sort of negligence, the situation may qualify as a personal injury case under Wisconsin law.
There are four required elements to any successful personal injury claim based in negligence: duty, breach of duty, causation, and injury. In a nursing home abuse claim, you must establish that the perpetrator of the injuries had a duty to the injury victim. In a nursing home or assisted living setting, a staff person clearly owes a duty of care to all residents. Next, the action or inaction of the staff member breached that duty of care. In other words, the act or failure to act must be negligent in nature, or a violation of the standard of care that a reasonable person would use in the same situation. Third, the negligent action or inaction must be the direct cause of the resident’s injury. Finally, you must prove that an injury to the resident actually occurred. If you have evidence of all four of these elements, you are likely to have a successful personal injury claim for nursing home abuse.
The community based residential facility abuse (CBRF) lawyers of Boller & Vaughan are experienced in ensuring that nursing homes and other elderly care facilities live up to reasonable standards in caring for their residents. When a nursing home or other type of facility fails to do so, and injury to a resident occurs, the facility may be liable for those injuries. We know how to investigate your case, assess your situation and determine whether you or your loved one has any potential claims against nursing home staff or the nursing home itself. Contact Boller & Vaughan today and learn how we can help you through this difficult situation.
Wisconsin law requires that vehicle owners maintain a minimum level of automobile insurance, including the following liability coverage: $25,000 for injury or death of one person $50,000 for injury or death of two or more […]
Motorcycle accidents are all too common on Wisconsin roadways, particularly during the summer months when riders are more apt to use their motorcycles for commuting, running errands, and taking vacations. Unfortunately, the unique nature of […]
"*" indicates required fields
Δ
We live in Friendship, Wisconsin, and Boller & Vaughan came to our doorstep to discuss our mother’s wrongful death claim on a Saturday morning. Not only were we pleased with the large recovery, we were so thankful to have lawyers who were willing to explain to us every twist and turn along the way. It is great to know there is a law firm that will fight for the rights of elderly people all over Wisconsin.
Mr. Boller and Ms. Vaughan were incredible in working on my case and my daughter’s case. I was out of work and in the hospital with a new baby. Mr. Boller and Ms. Vaughan protected our rights and it was a pleasure to work with them. I hope never to be in another motor vehicle accident, however, if I am and I am injured, I will contact Boller & Vaughan immediately.
I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!
After my husband died as a result of a motor vehicle accident, Boller & Vaughan spent countless hours talking with me, meeting with me in person, and making sure that I was okay. The drunk driver who hit us did not have any insurance, and we had to make a claim through our own insurance. Boller & Vaughan was fantastic at explaining the law to me and the handling of our claims.
After my son was injured in a daycare setting, Ms. Vaughan took the time to thoroughly investigate our case and my son’s injuries. Michele was approachable and had answers to our questions. Talking with her helped to relieve many of our anxieties.
