According to Merck Manuals, the effects of a fall on an older person may include:
- Broken bones
- Other symptoms
Per the Centers for Disease Control & Prevention (CDC), the effects of a fall on an older person can even be deadly, as they are the leading cause of deaths related to traumatic brain injuries (TBIs).
Why Are Older People at Particular Risk of Falling?
The National Institute on Aging (NIA) identifies several risk factors that make elderly people susceptible to falling, including:
- Diminished eyesight
- Poor hearing
- Slow reflexes
- Nerve problems
- Diabetes and other health conditions
- Poor balance
- Medication-related dizziness or sleepiness
Older people may be vulnerable to safety hazards in their environment. They could be less aware of, or less reactive to, slipping and tripping hazards. If they lose their balance, they may be less able to catch themselves without suffering an injury.
Who Is at Fault When an Elderly Person Suffers a Fall?
The owner of the property where a fall takes place is generally liable for the effects of the fall. Business owners, government bodies, nursing home owners, and owners of residential complexes may all be liable for a fall that occurs on their premises.
Every fall involving an elderly person occurs under unique circumstances. Our firm can review the details of your loved one’s fall and determine liability.
How Should Property Owners Reduce the Risk of Falls?
Several ways that property owners can reduce the risk of falls include:
- Addressing potential slipping and tripping hazards on a premises
- Modifying a premises to eliminate or reduce slipping and tripping hazards
- Improving lighting
- Removing unstable furniture or obstructions from walkways
- Installing handrails, grab bars, and wheelchair accommodations
Spills and moisture from rain can also pose a clear slipping hazard to the elderly. Property owners must train staff to respond appropriately to these hazards.
For a free legal consultation, call 877-239-4878
Negligence May Determine if You Deserve Compensation for a Loved One’s Fall
Negligence may entitle you or your loved one to compensation for a fall. If your loved one survived their injuries, then they may deserve compensation. If your loved one passed away from their injuries, then you may deserve compensation.
Negligence generally includes any unreasonable behavior that causes harm to another party. Our firm may establish a property owner’s negligence by:
- Showing that they owed your loved one a duty of care
- Proving that they breached their duty of care by exposing your loved one to danger
- Showing that the property owner’s breach of duty of care caused your loved one’s fall
- Proving that your loved one suffered losses caused by the property owner’s breach of duty
We can apply this negligence standard to any non-property owner who contributed to your loved one’s fall.
What Losses May Your Loved One Receive Compensation for?
Your loved one could receive compensation to cover:
- Their medical care: A fall can require long-term medical care, including hospitalization, visits with medical specialists, surgery, and rehabilitation. A lawsuit may cover all medical care required after your loved one’s fall.
- Their pain and suffering: Injuries can cause significant pain and suffering for elderly fall victims, including physical discomfort, depression, lost quality of life, and other trauma.
Any other damages from a non-fatal fall may be recoverable. If your loved one passed away because of fall-related injuries, then you may receive coverage for your loved one’s burial and funeral expenses.
Should You Hire a Lawyer After an Elderly Loved One’s Fall?
Whether or not you hire a lawyer is up to you. However, know that parties with liability for your loved one’s fall may retain legal help right away. They may try to have you or your loved one accept liability for the fall, and admitting fault could forfeit your right to compensation.
By hiring legal help, you allow us to protect your rights. Our team can also assist you by:
- Ensuring that your loved one is in a safe environment
- Gathering evidence from your loved one’s fall
- Identifying all liable parties
- Determining how much compensation you or your loved one should receive
- Drafting and filing legal paperwork
- Overseeing settlement negotiations
Our firm prepares each case for trial. We will seek a settlement, but opposing attorneys will know that we are prepared for trial if necessary.
Contact our personal injury lawyers today
Call in the Strong Arm By Calling Loncar Lyon Jenkins Today
Our team will travel to you following your loved one’s fall. We understand how devastating falls can be for older victims and will pursue all compensation that you deserve.
Call Loncar Lyon Jenkins today at (877) 239-4878 for your FREE consultation. One of our team members will review your case and answer your questions. Do not wait to call, as you may face time limits for filing your case.