If you or a loved one suffered an injury from a fall in a nursing home, know that you are not alone. Sadly, fifty to sixty percent of nursing home residents suffer falls. Fortunately, the law provides a path to compensation if another is at fault.
Determining who is at fault in a slip and fall accident is crucial. Not surprisingly, the nursing home itself is typically at fault. Why? In most slip and fall cases, the party responsible for the victim’s injuries is whoever was responsible for the safety of the premises where the victim fell. A second reason is that a nursing home employee can be held responsible for another person’s accident because they were directly responsible for keeping that person safe. Establishing whether a fall was a result of a dangerous condition at the location of the incident or someone’s failure to care for the resident is vital.
However, not all cases are so straightforward. This is where a consultation with a knowledgeable personal injury attorney can be especially helpful. Here at Rosenblum Law, we’ll review the facts of your case to determine who can be held responsible for your fall before you make a claim for compensation. Moreover, we will review all possible sources of law that can make you eligible for compensation, like the often complicated section of New York’s Public Health Law covering nursing homes.
There are several steps you can take to get compensated for an injury. The most common route of action is to file an insurance claim and attempt to settle without filing a personal injury lawsuit. When filing an insurance claim, a claims adjuster will investigate your case and decide whether the insurance company is responsible for compensating you. If the determination is in your favor, the insurance company will have to pay. However, if they decide against you, or they offer a sum of money that does not adequately compensate you, you may decide to file a lawsuit.
If you file a personal injury lawsuit in a court of law, a judge or jury will ultimately decide whether the entity you are accusing was responsible for the accident and whether they have to pay you for your injuries. Taking your case to court can lead to greater and more fair compensation, given the impartiality of the decision makers.
There is also potential for both filing a claim and lawsuit. Although an insurance claim and an attempt to settle is typically made before a lawsuit is filed, if a settlement cannot be reached, you can proceed with a lawsuit but they are not mutually exclusive. Reaching a settlement after you have filed a lawsuit but before a court ruling after trial is also a possible outcome.
Your attorney can help you negotiate with an insurance company, advise you on whether or not an offer is fair, guide you in filing a lawsuit, and ultimately help you reach an adequate settlement, whether it’s done in the courtroom or not. Rosenblum Law has spent decades leveraging our resources and unmatched legal expertise to successfully advocate for our injured clients. We are committed to providing justice and helping you and your family secure the compensation you are owed for your nursing home injury Call us today for a free, no-obligation consultation.
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