Overview of Cases Handled by a Nursing Home Injury Lawyer
By definition, nursing homes exist to be a place to assist in the recovery of injured people of all ages and from all walks of life. Additionally, nursing homes are designed to assist terminally ill individuals live out the remainder of their lives with appropriate comfort, safety and dignity.
Because nursing homes provide very important services to a class of people with special needs, goals and objectives. These facilities also have unique and very important responsibilities. Sadly, there are instances in which nursing homes do not live up to these expectations and responsibilities. There are situations in which nursing homes, through their staff, cause injuries to your loved ones as the result of reckless conduct or outright elder abuse and neglect.
The reality is that residents of nursing homes oftentimes have physical and mental disabilities. They are not always capable of effectively communicating what has occurred to them at the hands of nursing care facilities. Consequently, these individuals in nursing care centers present very special issues when a claim is filed against them and when preparing for trial.
Even in a situation in which a nursing home victim is too old or is mentally incapacitated to explain how an injury occurred, the attorneys at Hirsch & Lyon Accident Law have other resources available to them. These include the very best medical and forensic investigators who are capable of ascertaining the truth in a particular situation. This is combined with our firm’s extensive knowledge about how nursing homes are supposed to operate. Moreover, our legal team has a clear understanding of how the laws governing those nursing homes are to be employed.
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At Hirsch & Lyon Accident Law, we not only assist with the legalities associated with nursing home abuse, we also understand the need to get your loved one out of harm’s way. We work closely with our clients to ensure that a loved one is able to transfer immediately to a safe, suitable nursing care facility.
Even in less complex nursing home injury cases, if a permanent injury has occurred, settlements can range anywhere from five figures upwards to seven figures or more. Of course, it is impossible to guarantee precisely what a settlement will be a particular case.
In the majority of cases involving nursing home injuries, there are a number of factors that come into play when working to ascertain the amount of a settlement. These factors are based upon such things as the amount of medical bills incurred, pain and suffering of the loved one, life care associated costs and employment damages or wages loses (if the individual was drawing a salary, wage or other type of compensation at the time of the injury).
One only needs to turn on the television, log onto the internet or pick up a newspaper or magazine to see how expensive medical care is in the United States in the 21st century. The reality is that a nursing home care related injury can quickly result in outrageously high medical bills and expenses that top $100,000. Indeed, there are many cases in which medical expenses rise well above this threshold.
In addition to initial and ongoing medical bills, additional costs associated with a nursing home injury can include physical and vocational rehabilitation. These expenses can accumulate over what amounts to an extended period of time.
Ensuring that medical expenses are taken care of oftentimes is a primary objective when a loved one has been injured in a nursing care facility. Keep in mind, that when a nursing home appears to be at fault for causing an injury, a “claims adjuster” from the care center’s insurance company is likely to approach the victim and his or her loved ones quickly. They will offer a settlement along the lines of “taking care of all of the medical bills.”
As a loved one, you may be tempted to sign off on such a settlement. However, a quick settlement of this nature is not likely to take into account all of the losses sustained as the result of the negligence or even wrongful conduct of a nursing care center.
An injured person, or a loved one acting on that person’s behalf, should never accept a proposed settlement without first consulting with a qualified attorney, such as a member of the legal team at Hirsch & Lyon Accident Law.
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Pain and Suffering
Pain and suffering calculations are complex. Many times, pain and suffering is combined with other losses that include such things as employment loses and damage your loved one’s family life. In determining the extent of these types of losses, it usually is necessary to examine like lifelong impact the nursing home related injury will have on your loved one.
In many cases, the amount of money awarded for pain and suffering is more than what an injured person receives for all other types of losses — combined. This is because, in the final analysis, no amount of money ever really compensates a person for never-ending pain or some sort of permanent loss, like a vastly lowered IQ due to brain damage.
Life Care Costs
Medical care and treatment may go one for an indefinite period of time. Indeed, this type of expense may last a person’s lifetime. The same can also be said of life care costs. These include such items as rehabilitative treatment and different types of in-home care and assistance with the tasks of daily living.
In many cases, a majority of in-home and related care is provided by a loved one’s family members or even friends. This does not mean this type of care provided by the family of an injured loved one is without any cost. At Hirsch & Lyon Accident Law, we have access to experienced experts who assist in delineating the nature of these costs to family members who must tend to the needs of an injured loved one.
There are cases in which employment damages are part of the overall array of losses experienced by a loved one because of a nursing home injury. For example, a loved one may have only been slated to be in a nursing home for a short period of time in order to receive rehabilitative care or similar services. An injury caused by the negligence of the nursing home may prevent that loved one from returning to work.
There are other cases in which a person injured because of nursing home negligence is able to return to some kind of work, but not the position of employment previously held. This represents another employment damage scenario.
No matter the nature and extent of damages associated with employment damages and losses arising in a nursing home injury case, a skilled attorney, like a member of the legal team at Hirsch & Lyon Accident Law , is crucial. Calculating the amount of future lost income is vital to ensure that your loved one — and your family — is fully protected.
The tenacious leagal team has been involved with over 200 jury trials in all types of cases. The attorneys in our firm have extensive legal experience representing nursing home injury clients.
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The attorneys of the Hirsch & Lyon Accident Law team are committed to providing truly aggressive, tireless representation to our clients. Our legal team not only fights to secure the highest settlement or judgment possible but to ensure that ancillary matters are addressed properly. These including assisting clients with such matters as doctor’s treatment and medical liens. We take a truly broad approach to ensuring that our client’s needs, interests, goals and objectives fully are satisfied — not only today, but into the future.
We completely understand that the needs of each of our individual clients are unique. We never take a one-size-fits all, cookie cutter approach to any case. Moreover, you will work directly with an attorney at Hirsch & Lyon Accident Law and not be shuffled off to support staff when it comes to handling your important case or the case of a loved one injured in a nursing home.
If you wish to contact us, you can telephone our office at (602) 691-7278 or fill out our Online Contact Us Form to Schedule a Free Consultation. An attorney from our firm stands ready to schedule a no-cost initial consultation with you. During an initial consultation, one of our lawyers will discuss your case with you and provide you some essential information about what can and should be done to protect your rights and interests or those of your loved one.
At Hirsch & Lyon Accident Law, you are not just a client, but a human being in need.