Nursing homes must take measures to protect their residents from avoidable injuries, including falls. The Albuquerque elder abuse lawyers at Parnall Law provide injured nursing home residents with the legal representation they need to hold negligent nursing homes accountable for their injuries. Our seasoned attorneys have years of experience representing individuals and families in nursing home abuse and negligence cases. We can provide you with the advocacy you need to seek the appropriate compensation for your injuries. Contact our office today to see how we can help you.
Falls are a leading cause of injury for older adults, according to the Centers for Disease Control (CDC). One in three adults over the age of 65 suffers a fall each year. Falls in nursing homes are particularly disconcerting. The CDC estimates that 1,800 nursing home residents die each year from injuries related to a fall. Up to thirty percent of individuals who suffer a fall incur moderate to severe injuries, which can increase the risk of death in older individuals. Those that suffer non-fatal injuries are often left with hip fractures, severe head trauma, and other disabilities. Many nursing home residents are already in a frail physical state, and injuries from a fall can further diminish their quality of life.
Pursuant to New Mexico law, a nursing home resident may hold the nursing home liable for their fall-related injuries by filing a tort suit. A defendant can be held liable under various theories of liability, including negligence and negligence per se.
Under a claim based on negligence, the victim of a fall may be able to hold the nursing home liable if it can show that the nursing home owed the victim a duty of care (usually a duty to act reasonably under the circumstances); breached that duty of care; and caused the victim’s injuries as a result of the breach.
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To succeed under a theory of negligence per se, a victim would first have to point to a statute that requires certain actions by the defendant or defines a standard of conduct. He or she must then demonstrate that the defendant violated the statute; that the statute was meant to protect individuals like the victim; and that the resultant injury was the type that the statute was intended to prevent.
Falls can cause very serious and long-term injuries to a nursing home resident. New Mexico has a two-year statute of limitations for personal injury claims. Timely filing of a claim is essential to preserving a victim’s rights and recovering damages for any injuries.
If your loved one is a resident at a nursing home and suffered a fall at the facility, he or she may be able to seek compensation for their fall-related injuries. By filing a personal injury claim, he or she may be able to recover for their medical bills, rehabilitative care, and pain and suffering. Falls can also be fatal to the elderly. If your relative died as a result of a nursing home fall, you may be able to file a wrongful death suit on their behalf.
Bertrand Russell Parnall is an Albuquerque native, salutatorian of the Class of 1988 at Albuquerque High School, and co-captain of the district football champion Bulldogs. He earned his undergraduate degree from Rice University with a double major in history and French, and his law degree from the University of New Mexico School of Law after coming home to Albuquerque.
Years of Experience: 27+ years
Justia Profile: Bert Parnall
The Albuquerque nursing home abuse attorneys at Parnall Law are committed to helping you hold negligent nursing homes and their staff accountable for your injuries. Our lawyers are seasoned trial attorneys who have handled a number of nursing home negligence and other personal injury cases since 1997. We offer comprehensive legal counseling in personal injury matters, and are dedicated to exceptional client service. Call us at 505-514-0230 or complete our online form to schedule a free initial consultation today.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Bertrand Russell Parnall who has more than 20 years of legal experience as a personal injury attorney.
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