Las Vegas Nursing Home Falls Lawyers
Did Your Elderly Loved One Fall in a Nursing Home?
Did you trust your elderly loved one’s care to a Las Vegas nursing home, only to have them suffer a serious fall due to the staff’s neglect? Don’t let the nursing home get away with such inexcusable levels of care. Come to Burris & Thomas, LLC and talk to our nursing home neglect attorneys to discover your rights and legal options, as well as those of your injured loved one. We have the experience, resources, and focus required to handle nursing home fall cases from start to finish, even if a case has to go to trial.
See what our powerful legal team can do for you today. Call (702) 529-3101 and request a FREE consultation.
Nursing Home Negligence That Causes Dangerous Falls
Nursing home negligence is the root cause of most fall incidents that happen in nursing homes. Facility managers and staff are responsible for ensuring a safe environment at all times, so lapsing in this duty is never an excuse, especially when it results in the serious injury or death of an elderly resident.
Problems in a nursing home that may cause an elderly resident to slip and fall include the following and more:
- Cluttered or obstructed walkways that pose tripping hazards
- Inadequate lighting in hallways and rooms
- Unbalanced staff-to-resident ratios leading to insufficient supervision
- Poorly maintained equipment such as wheelchairs or walkers
- Lack of proper training for staff on fall prevention
- Failure to assess and re-assess the residents' mobility needs
- Delayed response to residents' calls for assistance
- Improper installation of safety devices like handrails or grab bars
Injuries Caused by Fall Accidents
Fall accidents in nursing homes often result in severe injuries for elderly residents, According to the Centers for Disease Control and Prevention (CDC), accidental falls are one of the leading causes of life-changing and fatal injuries among the elderly in the United States. Older adults are usually susceptible to serious consequences when they fall, so nursing homes need to be extra attentive to prevent falls in every circumstance.
If an elderly person falls in a nursing home, they may suffer:
- Fractures, particularly hip and pelvic fractures
- Traumatic brain injuries (TBIs)
- Internal bleeding from blunt force trauma
- Spinal cord injuries leading to paralysis
- Severe bruising and lacerations
- Joint dislocations or sprains
- Long-term mobility impairment and disability
- Increased risk of infections due to prolonged immobility
Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 702-529-3101 today!
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How much is my case worth?
There are many factors that go into evaluating the settlement value of a personal injury case. It is not a simple matter of applying a formula. Typically, everyone thinks that their case is “simple” and “clear-cut”. Everyone tends to think that the amount of money they are seeking is “fair and reasonable”. That is human nature. However, the reality is that, in the end, a personal injury case is worth what a jury says it is worth. The job of the victim’s personal injury lawyer is to come up with a settlement that reflects the risk of going to trial (odds of winning vs. odds of losing), together with the range of what value a jury might actually return on the case.
In deciding settlement values, we need to consider the following:
- Is fault clear, or contested?
- Are the injuries severe or mild?
- Is there an issue with insurance coverage?
- Is the client a good communicator?
- Is the defendant/wrongdoer likable or unlikable?
Normally, I am able to give a very general estimate range of settlement value and odds soon after taking on a case, with the understanding that these are just estimates and not guarantees. The longer the case goes on, the more definite I can be about the settlement value range.
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Do I have a personal injury case?
It is often times said by attorneys that in order for there to be a viable personal injury case, there must be “three legs on the stool.” These legs are: liability (or fault); damages (or injury); and collectability (insurance). If any one of the “legs” is missing, then there is not a viable case.
- Liability - A clear example of liability would be someone running through a red light. That person would be at fault. On the other hand, let us say that somebody is hit by a meteorite falling from the sky, and seriously hurt. In that case, although there is injury, there is no earthly entity at fault.
- Damages - An example of damages would be someone getting hit in the nose by an airbag, which breaks their nose. That person has an injury caused by the collision. On the other hand, what if that same person is almost hit by a car running a red light, but by the grace of God is able to avoid the collision? That person might say “I was almost killed, but I didn’t get a scratch.” In that case, the person was not injured and there is no case.
- Collectability - To give an example of collectability, imagine that a drunk driver runs through a red light, and the driver is Donald Trump. In that case, if Donald Trump hit and injured someone when he ran the red light, the victim will be able to collect upon any judgment that they receive. Imagine, on the other hand, that the drunk driver is someone who just got out of prison, and has no insurance and no property. Although that person will probably go to jail, there is no practical way to collect money from him, as he is a “scofflaw” living outside responsibilities of society.
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What Is the Nevada Statute of Limitations for Personal Injury Cases?
When it comes to filing a personal injury lawsuit, it's important to pay attention to the statute of limitations for the state you're filing in. A statute of limitations is the time limit that a state puts on how long after your accident you are allowed to file a personal injury lawsuit. Statutes vary from state to state.
Nev. Rev. Stat. § 11.190(4)(e) (2016) states that individuals wishing to file a personal injury lawsuit must do so within 2 years of the date of their accident. However, there are certain exceptions that can be made depending on your circumstances. For example, if you have been injured as a result of medical malpractice, you generally only have 1 year to file your lawsuit after the date of your injury (Nevada Revised Statutes section 41A.097).
Statute of limitations can be complex, and if you fail to file your lawsuit within the allotted amount of time your case will most likely be dismissed. Don't put your compensation on the line! Contact our experienced Las Vegas personal injury attorneys today to schedule a free consultation and determine what your next steps should be.
