Falls are among the most common injuries in nursing homes. When your loved one falls and gets hurt, it can feel like the world has turned upside down. To make matters worse, the nursing home might offer a settlement that is far less than what your family deserves. In many cases, facilities use common excuses to avoid liability for falls, pushing families to accept quick payouts.
Understand Why the Offer is Low
First, know that nursing homes and their insurers rarely offer fair compensation right away. Their initial settlement is often a strategic move to minimize costs. They hope families, overwhelmed by medical bills and emotional stress, will accept without question.
They may argue that the resident was prone to falling due to age, existing conditions, or cognitive decline. While these factors can increase fall risk, they do not remove the nursing home’s duty of care. Facilities must assess fall risks and implement appropriate measures like bed alarms, guardrails, and supervision.
Do Not Accept Right Away
If the offer seems too low, it probably is. Never sign any documents or agree verbally to a settlement without full understanding. Once you accept, you typically give up the right to pursue further legal action, even if your loved one’s injuries worsen later.
Instead, take a step back. Review what expenses the settlement actually covers. Does it include hospital bills, rehabilitation, medications, and future care costs? Does it account for the pain, trauma, and reduced quality of life your loved one is experiencing?
Gather All Evidence
To strengthen your position, gather all possible evidence. This includes medical records before and after the fall, incident reports, witness statements, and staff notes. Obtain photos of injuries, the location where the fall happened, and any hazards like poor lighting or slippery floors.
Review whether the nursing home followed its care plan for your loved one. If they were supposed to assist with walking or transfers and failed to do so, it indicates negligence.
Calculate the True Costs
Work with medical professionals to estimate future medical needs resulting from the fall. Sometimes, injuries like fractures or head trauma lead to long-term disability or require assistive devices. Calculate all costs associated with these outcomes.
Also, consider non-economic damages. Falls often cause significant emotional distress, fear of moving independently, or permanent loss of mobility. These damages deserve compensation too.
Consult an Attorney Specializing in Nursing Home Injuries
One of the most important steps is contacting a lawyer experienced in nursing home fall injury cases. They understand how facilities operate, what safety standards they must meet, and how insurers approach settlements.
An attorney can review the settlement offer, assess the full value of your claim, and negotiate aggressively on your behalf. If necessary, they can file a lawsuit to seek fair compensation through the courts.
Be Prepared for the Nursing Home’s Defenses
Expect the nursing home to continue using tactics to deny or minimize liability. They may blame the resident’s health, claim the fall was unpreventable, or argue that they provided adequate care. These are common defenses, but they are not always valid.
Your attorney will know how to challenge these arguments using records, policies, and expert testimony. They will work to prove the nursing home’s duty of care was breached.
Remember Your Loved One’s Rights
Finally, remember that your loved one has the right to safe and respectful care. Accepting an unfair settlement not only affects their recovery but can also let the facility avoid accountability, putting other residents at risk.
Advocating for fair compensation is not just about money. It’s about dignity, justice, and ensuring the nursing home meets its legal and moral obligations.
Final Thoughts
When a nursing home offers a lowball settlement after a fall injury, pause before responding. Understand your rights, gather evidence, and seek legal guidance. With the right approach, you can secure a settlement that truly reflects your loved one’s suffering and future needs, holding the facility accountable for its negligence.