Get a Free Case Review -  (803) 471-4188
Free Consultation:
(803) 451-4000
Close

Can You Sue for a Nursing Home Fall in South Carolina

Nursing home residents often need round-the-clock care, and even walking independently can be a challenge. When a nursing home resident falls, it is often due to negligence by nursing home staff. If your loved one is injured in a fall, an attorney can help you get justice.

We can use victim testimony, security camera footage, and nursing home records as evidence. If the nursing home controls important evidence or records, we can access it during the discovery phase of the case. A bad fall can cause serious injuries and lead to medical complications in vulnerable victims, and you should speak to a lawyer as soon as possible.

Ask our Columbia, SC nursing home abuse lawyers for a free, private legal assessment when you call Burriss Ridgeway Injury Lawyers at (803) 451-4000.

Where to Find Evidence to Sue a Nursing Home After a Fall

Where we find evidence may vary based on your exact circumstances. Below are some examples of strong evidence we should investigate.

Testimony from the Victim

Can the victim of the falling accident testify? If they clearly remember the event and can describe it, they may be able to testify about what happened. This may be difficult if the victim has cognitive or memory problems, but not every nursing home residence has such problems.

Nursing Home Records

The nursing home should maintain records about staff members, residents, treatment plans, and accidents. Any accident, including a fall, must be thoroughly documented. If we can review these records, we may learn more about how the accident happened and who is responsible.

Security Camera Footage

If the fall happened in a common area of the nursing home, security cameras were likely in the area. We must obtain copies of this footage immediately. If we wait, the footage could be inadvertently erased. Our South Carolina nursing home abuse attorneys can request the court to order the nursing home to preserve all video footage.

Medical Records

We must have your loved one evaluated by a doctor after their fall. We need to accurately determine the severity of their injuries, an effective course of treatment, and medical costs.

What if All Records of the Fall Incident Are in the Nursing Home’s Possession?

The nursing home may control most, if not all, records related to the fall, and it likely will not hand them over willingly. Do not worry. We may demand access to these records during the discovery phase. At this stage, both sides must exchange relevant information and evidence. If the nursing home refuses to produce these records, we can ask the court to compel production. If they still refuse, or if they destroy the records, there may be severe consequences.

What Should You Do if Your Loved One is Injured from a Fall in a South Carolina Nursing Home?

If your loved one is injured after a fall in their nursing home, you should get them immediate medical attention. Take them to the hospital immediately. If their injuries are serious, call an ambulance. Ideally, the nursing home should call 911 right after the accident.

Once your loved one is in the hospital, call a lawyer. Discuss the circumstances surrounding the fall. Your loved one may be entitled to compensation, and an attorney can help you assess your legal options.

Can You Sue Nursing Home Staff Members for a Fall in a Nursing Home?

Yes. If a nursing home staff member was responsible for assisting your loved one when moving, that staff member may be directly responsible for the accident. You can include them in a lawsuit, although we may include other defendants.

Suing The Nursing Home After a Fall in South Carolina

You can include the nursing home in your lawsuit. If a staff member is directly responsible for the accident and caused it while acting within the scope of their normal duties, their employer, the nursing home, may be held directly liable.

Plaintiffs often need to include the nursing home in a lawsuit like this. The individual staff member may not be able to pay for all your damages on their own. The nursing home likely has more resources to cover your damages.

Can You Sue on Behalf of a Loved One Injured in a Fall in a Nursing Home?

Yes. Many people living in nursing homes have cognitive or memory issues that may prevent them from understanding their rights. In such cases, family members may step in and take legal action on behalf of their loved one. An attorney can help you have someone appointed as the victim’s legal guardian for purposes of the lawsuit.

How Long After a Fall in a South Carolina Nursing Home Can You File a Lawsuit?

Lawsuits for injuries from a fall are personal injury cases. In South Carolina, a plaintiff must file a personal injury lawsuit no later than 3 years after the injuries first occurred. If you file the case late, the court will reject your pleadings, and you may be time-barred from bringing your claims.

Claiming Medical Expenses in a Lawsuit for a Fall in a Nursing Home

Nursing home residents often have numerous underlying health issues that make them especially vulnerable. One bad fall could cause major injuries leading to massive medical bills. Make sure you save all the medical bills you receive related to injuries from the fall. If treatment is expected to last long-term, we can calculate future medical expenses and add them to your claims.

Damages for Pain and Suffering in a Lawsuit for a Fall in a Nursing Home

Injuries from a fall in a nursing home may cause painful injuries and take a toll on the victim’s mental health. A bad fall could cause a vulnerable patient’s overall health to nosedive. They may lose quality of life, and their mental health may suffer greatly. If your loved one was hurt, they should speak to a mental health professional so we can claim damages for pain and suffering.

Should You Call the Police if a Loved One Falls in a Nursing Home?

A nursing home resident might fall despite the staff’s best efforts to care for them. However, if your loved one has fallen multiple times, or you notice other injuries that were never reported when your loved one is treated for the fall, you should be concerned. If you suspect abuse, contact the police and report your suspicions. You can also contact state agencies to investigate the nursing home.

Contact Our South Carolina Nursing Home Abuse Lawyers for Help Now

Ask our Allendale, SC nursing home abuse lawyers for a free, private legal assessment when you call Burriss Ridgeway Injury Lawyers at (803) 451-4000.

Related Posts

Get a Free Consultation

Consent to SMS Policy
Yes; I consent to receive communications from Burriss & Ridgeway Injury Lawyers regarding case questions, updates, and service needs. Msg and data rates may apply. Msg frequency varies. Reply HELP for help or STOP to to opt-out at any time. View our privacy policy.

Results

$11 Million
Confidential settlement regarding a father of three that was catastrophically injured at his workplace when he was the victim of negligent acts committed by a corporate defendant that placed him in danger.
Confidential settlement regarding a father of three that was catastrophically injured at his workplace when he was the victim of negligent acts committed by a corporate defendant that placed him in danger.
$8.5 Million
Client’s husband was struck and killed by a speeding driver working for a South Carolina corporation who was in the course and scope of his employment at the time of the crash. The decedent left behind a spouse and three children.
Client’s husband was struck and killed by a speeding driver working for a South Carolina corporation who was in the course and scope of his employment at the time of the crash. The decedent left behind a spouse and three children.
$6.2 Million
Client was struck and killed by a commercial vehicle that was distracted at the time of the crash. The event occurred on a rural South Carolina roadway. Claims were brought against the driver as well as the corporation.
Client was struck and killed by a commercial vehicle that was distracted at the time of the crash. The event occurred on a rural South Carolina roadway. Claims were brought against the driver as well as the corporation.
$6 Million
The Plaintiff was injured as a result of a failing component of a commercial motor vehicle that fell from the vehicle into the roadway. The Plaintiff brought claims against the owner and operator of the tractor trailer as well as the manufacturer of the vehicle.
The Plaintiff was injured as a result of a failing component of a commercial motor vehicle that fell from the vehicle into the roadway. The Plaintiff brought claims against the owner and operator of the tractor trailer as well as the manufacturer of the vehicle.
$5 Million
The client’s child was killed in a crash involving a trucking company. Claims were brought against both the trucking company and the owner of the faulty equipment that was unsafe for use on the roadway.
The client’s child was killed in a crash involving a trucking company. Claims were brought against both the trucking company and the owner of the faulty equipment that was unsafe for use on the roadway.
$4.1 Million
The Plaintiff was injured as a result of a refrigeration system that malfunctioned, spraying ammonia gas into the Plaintiff's face. As a result of this event, the Plaintiff sustained significant vision loss. The Plaintiff brought claims against his employer and the manufacturer of this system.
The Plaintiff was injured as a result of a refrigeration system that malfunctioned, spraying ammonia gas into the Plaintiff's face. As a result of this event, the Plaintiff sustained significant vision loss. The Plaintiff brought claims against his employer and the manufacturer of this system.
$2 Million
The Plaintiff was injured while riding his motorcycle when he collided with another vehicle. This event occurred in the city of Columbia and the Plaintiff sustained significant bodily injury resulting in extensive medical expenses and permanent injury.
The Plaintiff was injured while riding his motorcycle when he collided with another vehicle. This event occurred in the city of Columbia and the Plaintiff sustained significant bodily injury resulting in extensive medical expenses and permanent injury.
$1.8 Million
The Plaintiff was injured when he was rear-ended by a tractor trailer on Interstate 20. The Plaintiff brought claims against the owner and driver of the tractor trailer for his injuries relate to his lower back.
The Plaintiff was injured when he was rear-ended by a tractor trailer on Interstate 20. The Plaintiff brought claims against the owner and driver of the tractor trailer for his injuries relate to his lower back.
$1.5 Million
The Plaintiff sustained significant injury when she was attacked by a dog while performing repairs on a rental property. The Plaintiff was at the rental property as part of her employment with a rental management agency. She was attacked by the animal and sustained permanent nerve damage in her legs.
The Plaintiff sustained significant injury when she was attacked by a dog while performing repairs on a rental property. The Plaintiff was at the rental property as part of her employment with a rental management agency. She was attacked by the animal and sustained permanent nerve damage in her legs.
$1.3 Million
The Plaintiff was killed as a result of a collision with a logging truck that had been improperly loaded by a timber harvester. The proceeds of the settlement were funded by both the timber harvester and the owner of the logging truck.
The Plaintiff was killed as a result of a collision with a logging truck that had been improperly loaded by a timber harvester. The proceeds of the settlement were funded by both the timber harvester and the owner of the logging truck.
$1.5 Million
The Plaintiff underwent surgery to her neck as a result of injuries sustained when she was struck on the head by a piece of loading equipment at her job. The Plaintiff was employed by a national retailer and was engaged in stocking shelves when the piece of equipment failed. After settling her workers' compensation claim, the Plaintiff brought a claim against the manufacturer of this equipment.
The Plaintiff underwent surgery to her neck as a result of injuries sustained when she was struck on the head by a piece of loading equipment at her job. The Plaintiff was employed by a national retailer and was engaged in stocking shelves when the piece of equipment failed. After settling her workers' compensation claim, the Plaintiff brought a claim against the manufacturer of this equipment.
$1.1 Million
The Plaintiff brought a claim against a local medical facility for a false positive HIV reading. As a result of this false positive, the Plaintiff lived for 4½ years believing that she had the virus which leads to what she feared was an eventual AIDS diagnosis.
The Plaintiff brought a claim against a local medical facility for a false positive HIV reading. As a result of this false positive, the Plaintiff lived for 4½ years believing that she had the virus which leads to what she feared was an eventual AIDS diagnosis.
Read More

Recent Posts

Client Reviews