If you need to sue a nursing home after a fall, it’s important to understand your rights and the steps involved. Falls are among the most common causes of serious injuries in nursing homes. For aging individuals, fall-related injuries can present a variety of risks, making it critical to promptly obtain a thorough diagnosis and all necessary treatment.
Of course, this can be expensive. Even with health insurance, the costs of diagnosing and treating injuries from nursing home falls can far exceed what many residents and families can afford to pay. This makes it important for residents and their families to consider all of their options.
In many cases, these options include filing a lawsuit against the nursing home.
Nursing homes can be held financially liable for residents’ falls in a wide range of circumstances. As a general rule, nursing homes in Wisconsin have a legal duty to provide safe living environments for their aging residents. If a nursing home fails to meet this legal duty—and if a resident suffers injuries in a fall as a result—the nursing home can be held accountable for the resident’s medical expenses and other injury-related losses.
When falls result in fatal injuries, nursing home residents’ family members can pursue claims as well. In this scenario, family members can seek financial compensation not only for their loved one’s medical expenses incurred prior to death, but for various other financial and non-financial losses as well.
With this in mind, when can (and should) you sue for a nursing home fall in Wisconsin? Some of the most common grounds for residents and families to file fall-related claims against nursing homes include:
Again, these are just some of the most common examples. If you have questions about suing a nursing home related to a fall, you will want to consult with a lawyer who has experience handling these types of cases. An experienced lawyer will be able to provide a straightforward assessment of your (or your family’s) legal rights and help you make informed decisions about your next steps.
Let’s say you have grounds to sue your (or your loved one’s) nursing home for a fall. What can you expect if you decide to move forward?
To sue a nursing home, the first step is to schedule a free and confidential consultation with an attorney. This is completely risk-free, and you are under no obligation to move forward. Your lawyer will be able to answer all of your questions and provide answers to important questions that you might not know to ask.
After learning about your (or your loved one’s) fall, your lawyer will provide an honest and straightforward assessment of your legal rights. This will include not only an assessment of whether you have grounds to sue the nursing home, but also an assessment of the damages you may be able to recover.
If you decide that you want to move forward and sue a nursing home, your lawyer will communicate directly with the nursing home on your behalf. Your lawyer will also communicate with the nursing home’s insurance company regarding your claim. Many (but not all) nursing home fall claims can be resolved through the insurance process without the need to take formal legal action.
Regardless of what it takes to hold the nursing home accountable, your lawyer will remain in close communication with you throughout the process. Your lawyer will keep you updated on the status of your claim, and your lawyer will be available to answer any additional questions you may have.
Along with keeping you updated and answering your questions, your lawyer will also provide the advice you need to make informed and confident decisions. This includes, but is not limited to, helping you decide whether to accept a settlement if an offer is on the table.
Don’t sue a nursing home alone. An experienced attorney can examine the details of your claim and help fight for the maximum compensation you deserve.
Contact Boller & Vaughan today online or at (608) 268-0268 for a FREE case evaluation. We proudly serve clients in Madison and throughout Wisconsin.
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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.
