Nursing homes are designed to provide a safe and nurturing environment for individuals who require ongoing medical care and attention. Unfortunately, despite the best efforts of staff and management, nursing home injuries occur far more frequently than we would like to imagine. Injuries to nursing home residents can arise from a range of circumstances, including falls, medication errors, physical abuse, and neglect. Victims of nursing home injuries and their families often turn to personal injury lawsuits to seek justice and compensation.
Understanding the Basics of Nursing Home Injury Lawsuits
A personal injury lawsuit is the legal process of seeking compensation for damages resulting from an injury caused by someone else's negligence. The primary objective of a nursing home injury lawsuit is to seek compensation for actual costs incurred, such as medical bills, expenses related to rehabilitation, and lost wages. Punitive damages may also be awarded in cases involving egregious conduct by the nursing home staff or management.
Types of Nursing Home Injuries that Result in Personal Injury Lawsuits
Several types of nursing home injuries are common in personal injury lawsuits. These include falls, bedsores, medication errors, physical abuse, and neglect. Falls are the leading cause of injuries among older adults and account for approximately 50% of all nursing home injuries. Bedsores are another common injury resulting from a lack of mobility or proper positioning. Physical abuse or neglect can include a range of behaviors from staff and management, including physical assault and verbal abuse.
Proving Negligence in Nursing Home Injury Lawsuits
To establish negligence in a nursing home injury lawsuit, the plaintiff must prove that the nursing home staff or management owed a duty of care to the resident, that such duty was breached, and that the breach caused the resident's injuries. The nursing home owes its residents a duty of care by law. The breach may be due to inadequate staffing levels, lack of training, inadequate maintenance of equipment and buildings, or other factors. Proof of causation is often the most difficult element of these cases.
Settlements and Verdicts in Nursing Home Injury Lawsuits
The settlement or verdict in a nursing home injury lawsuit can vary widely based on the individual case. Settlements can range from less than $50,000 to several million dollars. Verdicts are often higher as jurors tend to sympathize with the injured party. The high impact of nursing home injury cases has led to more judges imposing punitive damages against nursing homes to deter questionable practices.
Atlanta Nursing Home Abuse Lawyers
If you or a loved one has experienced a nursing home injury in Atlanta, GA, the path to justice and compensation does not have to be navigated alone. The experienced attorneys at Goldstein Hayes & Lina, LLC are dedicated to advocating for the rights of the injured and can provide the guidance and representation needed to seek the compensation you deserve. Contact us today at (888) 425-6070 to discuss your case and explore your legal options.