There are countless ways an injury can happen in a nursing home, but severe accidents can often be traced back to the negligence of a caregiver or facility administrators. It goes without saying that head injuries are incredibly serious and can result in permanent cognitive impairment. Even if the victim makes a full recovery, the medical costs can be exorbitant.
If someone you love has suffered a traumatic brain injury or other head wound in a nursing home, your family may be entitled to compensation. Read on to learn a few facts about these cases:
1. Both Economic and Non-Economic Damages Might Be Recoverable
Steep medical bills aren’t the only consequence of a head injury. The victim might also suffer a loss of enjoyment in life as well as significant pain and suffering. These are called “non-economic damages,” and they might be recoverable in addition to economic damages (such as medical bills) by filing a nursing home negligence claim.
2. The Nursing Home Might Try to Blame Your Loved One for the Accident
The nursing home and their insurance company will do everything in their power to limit their liability. One common defense used in these cases is that the victim’s own negligence contributed to his or her own injury; however, nursing homes must take reasonable steps to mitigate the risk of injury to residents. This may require nursing homes to provide mobility aids, hygienic assistance, handrails, and non-slip surfaces. If the facility failed to provide the equipment, services, or supervision needed to ensure a safe environment and your loved one suffered a head injury as a result, the facility might be liable even if they try to shift blame to your family member for the accident.
3. Evidence Needed to Strengthen Your Claim Might Be Withheld
The outcome of any personal injury or wrongful death case is usually contingent on the strength of the available evidence. You must be able to prove liability, causation, and damages to win your claim. Unfortunately, the nursing home is probably in possession of valuable evidence that could strengthen your case, and there’s no guarantee that they will relinquish such evidence voluntarily. It may be necessary for your attorney to file a subpoena to obtain surveillance footage, keycard data, the facility’s operating procedures, staff schedules, and other evidence that is being withheld.
4. It Is Common for Defendants to Dispute Causation in These Cases
To prove causation, your lawyer will have to demonstrate that the damages being claimed would not have accrued but for the nursing home negligence or abuse. If your loved one had a pre-existing head injury or mental illness, the opposing party might say that you are seeking damages for a pre-existing condition. A resourceful attorney can counter this defense using medical documents and perhaps the deposition of medical experts.
Discuss Your Case with a Nursing Home Abuse Lawyer in New York
The attorneys at Leitner Varughese can review your case for free and help you make informed decisions. We accept nursing home abuse and negligence cases on a contingency basis, so no attorneys’ fees will be owed unless we win. Call 855-585-2969 or send us a message to set up a consultation.