Nursing Home Fall Lawyer

At The Law Offices of John M. McCabe, we understand the devastation families experience when learning that a loved one has suffered a fall in a nursing home. As your trusted nursing home fall lawyer in Raleigh, we combine compassionate client service with aggressive legal representation to hold negligent facilities accountable. Contact us today for a free, confidential consultation to discuss your case and explore your legal options.

Falls in nursing homes are often not simple accidents but the result of inadequate care, staffing shortages, or neglect. If your family member has been injured in a nursing home fall, our experienced legal team is prepared to investigate the circumstances and fight for the compensation your loved one deserves.

How a Nursing Home Fall Lawyer Can Maximize Your Compensation

At The Law Offices of John M. McCabe, our Raleigh nursing home fall lawyers work diligently to secure the maximum compensation possible for victims of nursing home negligence throughout Wake County.

• Thorough Investigation: Our nursing home fall lawyer team conducts comprehensive investigations of the facility, interviewing staff, reviewing medical records, and examining maintenance logs to identify all contributing factors to your loved one's fall.
• Documentation of Injuries: Our nursing home abuse attorney work with medical professionals to thoroughly document all injuries sustained in the nursing home fall, ensuring that both immediate and long-term health impacts are recognized and included in your claim.
• Identification of Multiple Liable Parties: Your nursing home fall lawyer will identify all potentially responsible parties beyond just the facility itself, including management companies, staffing agencies, equipment manufacturers, and individual healthcare providers.
• Calculation of Full Damages: Our nursing home fall lawyer carefully calculates all economic damages including current medical bills, future healthcare needs, rehabilitation costs at facilities like WakeMed, and any necessary home modifications throughout the Triangle area.
• Valuation of Non-Economic Damages: Our nursing home fall lawyers ensure fair compensation for non-economic damages such as pain and suffering, emotional distress, loss of enjoyment of life, and the impact on your loved one's dignity and quality of life in Raleigh nursing facilities.
• Evidence of Regulatory Violations: Your nursing home fall lawyer will document any violations of North Carolina nursing home regulations, using these infractions as powerful evidence of negligence and substandard care.
• Expert Testimony: Our nursing home abuse lawyers collaborate with respected healthcare professionals from Duke Raleigh Hospital and other local institutions who can testify about proper fall prevention protocols and how the nursing home failed to meet the standard of care.
• Detailed Documentation of Neglect Patterns: As both nursing home fall lawyers and nursing home neglect lawyers, we identify and document patterns of understaffing, inadequate training, or systematic problems at facilities throughout Wake County to strengthen your case.
• Strategic Negotiation Tactics: Our nursing home fall lawyer employs sophisticated negotiation strategies informed by decades of experience with local insurance companies and defense attorneys representing Raleigh nursing homes.
• Trial Preparation: Our nursing home abuse attorney will prepare every case as if it will go to trial in Wake County courts, which often motivates defendants to offer fair settlements rather than face our well-documented evidence before a jury.
• Timing of Demands: Your nursing home neglect lawyer strategically times settlement demands to maximize leverage, often waiting until after key evidence has been secured or important depositions have been completed.
• Use of Medical Illustrations: Our nursing home fall lawyer will utilize professional medical illustrations and visual presentations to clearly demonstrate how the nursing home fall occurred and the resulting injuries, making complex medical concepts understandable to insurance adjusters and jurors.
• Calculation of Life Care Plans: For serious injuries, our nursing home fall lawyer works with life care planning specialists to project all future care needs from facilities near North Hills to home health providers throughout Raleigh.
• Documentation of Facility History: Our nursing home abuse attorney investigate the nursing home's history of falls, complaints, and regulatory violations at facilities from Crabtree Valley to Midtown, using this information to establish patterns of negligence.
• Application of Relevant Legal Precedents: Your nursing home fall lawyer applies relevant North Carolina legal precedents to strengthen your claim and establish appropriate compensation levels based on similar cases.

Financial Compensation You May Be Entitled to After a Nursing Home Fall Injury

At The Law Offices of John M. McCabe, our nursing home fall lawyers work tirelessly to help families throughout Raleigh and Wake County recover all forms of compensation available after a preventable nursing home fall injury.

• Medical Expenses: Your nursing home fall lawyer can help recover costs for emergency treatment at WakeMed, surgeries, rehabilitation at Duke Raleigh Hospital, medication, medical equipment, and ongoing care needed due to the fall injury.
• Pain and Suffering: This compensation addresses the physical pain and discomfort your loved one has endured following their nursing home fall, which our nursing home fall lawyer will document through medical records and testimony.
• Emotional Distress: Falls often cause significant psychological trauma, including anxiety, depression, and fear of falling again, which your nursing home fall lawyer can include as part of your compensation claim.
• Reduced Quality of Life: When a nursing home resident can no longer participate in activities they once enjoyed at facilities near North Hills or throughout Raleigh due to a fall injury, compensation may be available for this loss.
• Loss of Dignity: Your nursing home fall lawyer understands that falls can lead to humiliation and loss of independence, which deserves recognition in your compensation package.
• Cost of Facility Transfer: If your loved one needs to be moved to a different nursing facility near Crabtree Valley or elsewhere in the Triangle area after a fall, these relocation expenses may be recoverable.
• Additional Care Expenses: Our nursing home neglect lawyer can pursue compensation for any additional caregiving needs that weren't necessary before the fall injury occurred.
• Wrongful Death Damages: In the tragic event that a nursing home fall results in your loved one's death, your family may be entitled to compensation for funeral expenses, loss of companionship, and other damages under North Carolina law.
• Disfigurement Compensation: Falls often result in scarring or permanent physical changes that may qualify for specific compensation, which your nursing home fall lawyer will document through medical evidence.
• Loss of Enjoyment: When a resident can no longer engage in meaningful social interactions or activities at facilities from Five Points to Brier Creek due to fall injuries, compensation may be available.
• Future Medical Costs: Your nursing home fall lawyer will work with medical professionals to project all future healthcare needs related to the fall injury, ensuring these costs are included in your compensation.
• Rehabilitation Expenses: The costs of physical therapy, occupational therapy, and other rehabilitation services at facilities throughout Wake County can be substantial and should be part of your compensation.
• Punitive Damages: In cases of gross negligence or willful misconduct by nursing homes in Raleigh and surrounding areas, your nursing home fall lawyer may pursue additional punitive damages designed to punish the facility.
• Caregiver Compensation: Family members who must provide additional care or take time off work due to their loved one's nursing home fall may be entitled to compensation for these services and lost wages.
• Home Modification Costs: If your loved one returns home after a nursing home fall, your nursing home fall lawyer can seek compensation for necessary modifications like wheelchair ramps, bathroom alterations, or stairlifts.

Common Injuries Associated with Nursing Home Falls

At The Law Offices of John M. McCabe, our nursing home fall lawyers regularly represent Raleigh families whose loved ones have suffered serious injuries from preventable falls in care facilities throughout Wake County.

• Hip Fractures: These devastating injuries often require emergency surgery at WakeMed or Rex Hospital and may permanently impair mobility, with many nursing home fall victims never regaining their previous level of independence.
• Traumatic Brain Injuries (TBIs): Falls are the leading cause of TBIs in elderly residents, which can result in cognitive impairment, personality changes, or even death that our nursing home fall lawyer team has unfortunately seen in cases across Raleigh facilities.
• Spinal Cord Damage: Falls in nursing homes near Crabtree Valley and throughout the Triangle area can cause spinal compression, herniated discs, or even paralysis requiring extensive rehabilitation and lifelong care.
• Broken Wrists and Arms: Elderly residents often instinctively try to catch themselves during a fall, resulting in broken wrists or arms that severely limit independence and require significant assistance with daily activities.
• Shoulder Injuries: Dislocations and rotator cuff tears from nursing home falls are particularly debilitating for elderly residents, often requiring surgery and extensive physical therapy at facilities like Duke Raleigh Hospital.
• Facial and Dental Trauma: Falls forward can result in facial lacerations, broken noses, eye injuries, and dental damage that cause both physical pain and emotional distress that our nursing home neglect lawyer team carefully documents.
• Internal Bleeding: Especially dangerous for residents on blood thinners, falls can cause internal hemorrhaging that may not show immediate symptoms but can become life-threatening if not promptly diagnosed and treated.
• Psychological Trauma: Beyond physical injuries, nursing home falls often cause significant anxiety, depression, and fear of falling again that dramatically reduces quality of life for residents at facilities from North Hills to Midtown.
• Soft Tissue Injuries: Sprains, strains, and contusions may seem minor but can cause significant pain and mobility limitations for elderly residents, often indicating broader nursing home neglect issues our lawyers address.
• Pressure Ulcers: Immobility following a nursing home fall can lead to the development of painful, dangerous bedsores when staff at facilities from Five Points to Brier Creek fail to implement proper repositioning protocols.
• Joint Dislocations: Elderly residents have weaker connective tissues, making falls particularly likely to dislocate knees, hips, or shoulders, often requiring painful reduction procedures and extended recovery.
• Compression Fractures: Osteoporosis makes vertebral compression fractures common during nursing home falls, causing chronic pain and postural changes that our nursing home fall lawyer team has seen in many cases throughout Wake County.
• Lacerations and Bruising: Aging skin is thinner and more vulnerable to tears and bruising during falls, often leading to extensive wound care needs and increased infection risk for nursing home residents.
• Post-Fall Syndrome: This complex condition involves fear of falling, anxiety, depression, and self-imposed activity restriction that significantly diminishes quality of life for nursing home residents across Raleigh.
• Death: In the most tragic cases our nursing home fall lawyer team handles, falls result in fatal injuries either immediately or from complications that develop in the weeks following the incident.

Common Causes of Nursing Home Falls

Our nursing home fall lawyers have investigated hundreds of cases throughout Raleigh and Wake County, identifying several recurring negligent conditions that frequently lead to preventable falls.

• Understaffing Issues: Nursing homes across the Triangle area often operate with insufficient staff-to-resident ratios, leaving residents without necessary supervision and assistance for basic mobility needs.
• Improper Transfer Techniques: Staff at facilities from North Hills to Brier Creek may use incorrect methods when moving residents between beds, wheelchairs, toilets, or showers, creating dangerous situations that our nursing home fall lawyer team frequently identifies.
• Environmental Hazards: Wet floors, poor lighting, uneven surfaces, and cluttered hallways in nursing homes near Crabtree Valley and throughout Raleigh significantly increase fall risks for vulnerable residents.
• Inadequate Fall Risk Assessments: Many facilities fail to properly evaluate residents' fall risks upon admission or after changes in condition, preventing implementation of appropriate preventive measures that our nursing home neglect lawyer team recognizes as a serious form of negligence.
• Medication Errors: Improper medication administration or failure to monitor side effects like dizziness, confusion, or hypotension can dramatically increase fall risks in nursing homes across Wake County.
• Lack of Proper Assistive Devices: Failure to provide or maintain necessary mobility aids such as walkers, canes, wheelchairs, and grab bars is a common finding in nursing home fall cases investigated by our firm.
• Poorly Maintained Equipment: Broken bed rails, malfunctioning wheelchairs, and defective lift equipment at facilities near WakeMed or Rex Hospital can directly cause devastating falls.
• Inadequate Staff Training: Staff members without proper training on fall prevention, resident handling, and emergency response can inadvertently create dangerous situations for residents at nursing homes throughout Raleigh.
• Failure to Address Vision or Balance Issues: Nursing homes often neglect to accommodate residents with sensory or balance impairments, failing to implement simple preventive measures our nursing home fall lawyer team regularly recommends.
• Improper Bed Height: Beds positioned too high make transfers difficult and dangerous, particularly for residents with mobility limitations in facilities from Five Points to Midtown.
• Inadequate Bathroom Safety: Bathrooms without proper grab bars, raised toilet seats, shower chairs, or non-slip surfaces are common sites for serious falls that our nursing home fall lawyer identifies in cases throughout the Triangle.
• Failure to Answer Call Buttons: Residents who need assistance but experience delayed responses to call buttons often attempt to move independently, resulting in falls that could have been prevented with prompt staff response.
• Improper Footwear: Nursing homes that fail to ensure residents wear proper non-slip footwear contribute significantly to fall risks, a simple preventive measure often overlooked at facilities across Wake County.
• Rushed Care Practices: Staff members hurrying through care tasks due to time constraints often fail to take necessary precautions, creating dangerous situations our nursing home neglect lawyer team frequently documents in fall cases.
• Failure to Follow Care Plans: Many nursing homes develop appropriate fall prevention plans but fail to implement them consistently, a form of negligence that directly leads to preventable injuries throughout Raleigh facilities.

Who is Liable for a Nursing Home Fall and Injury?

At The Law Offices of John M. McCabe, our nursing home fall lawyers conduct thorough investigations to identify all parties whose negligence may have contributed to your loved one's injuries in Raleigh and throughout Wake County.

• The Nursing Home Facility: The facility itself is typically the primary liable party as it has a direct duty to provide safe, adequate care to residents and prevent foreseeable falls in locations from North Hills to Crabtree Valley.
• Corporate Ownership Groups: Many Raleigh nursing homes are owned by larger corporate entities that may establish inadequate policies, impose dangerous staff-to-resident ratios, or prioritize profits over safety, making them liable in fall cases our nursing home fall lawyer team pursues.
• Facility Administrators: Directors and administrators who fail to implement proper fall prevention protocols, ignore staffing shortages, or disregard safety concerns at facilities throughout the Triangle area may bear personal liability for resulting injuries.
• Nursing Staff: Individual nurses who fail to follow care plans, improperly administer medications, or neglect monitoring high-risk residents at facilities near WakeMed or Duke Raleigh Hospital can be held accountable for falls that occur under their watch.
• Certified Nursing Assistants (CNAs): These direct care providers may be liable if they use improper transfer techniques, fail to respond to call buttons, or leave residents unattended in unsafe situations that lead to falls.
• Medical Directors: Physicians serving as medical directors who fail to properly assess fall risks, prescribe inappropriate medications, or neglect to implement necessary precautions can share liability in cases our nursing home fall lawyer investigates.
• Maintenance Personnel: Staff responsible for facility upkeep who neglect to repair broken equipment, address environmental hazards, or maintain safe conditions in nursing homes throughout Wake County may bear liability for resulting falls.
• Equipment Manufacturers: Companies that produce defective wheelchairs, beds, lifts, or other equipment that malfunctions and causes falls can be held liable through product liability claims our nursing home fall lawyer team pursues.
• Contractors and Vendors: Third-party service providers who create hazardous conditions while performing work in nursing facilities from Five Points to Brier Creek may share liability for falls that occur due to their negligence.
• Staffing Agencies: Agencies that provide temporary or contract staff to nursing homes may be liable if they fail to verify credentials, provide adequate training, or ensure their employees are qualified to prevent resident falls.
• Consulting Pharmacists: Pharmacists who review medication regimens but fail to identify dangerous drug interactions or side effects that increase fall risks can share liability in cases our nursing home neglect lawyer investigates.
• Physical Therapists: Therapy providers who incorrectly assess mobility capabilities, provide inappropriate exercises, or fail to communicate fall risks to care staff may bear responsibility for resulting injuries.
• Government Entities: In some cases involving Medicare/Medicaid certified facilities that fail inspections yet continue operations, government oversight agencies may share liability for falls that occur after documented safety violations.
• Architectural/Design Firms: Companies responsible for facility design that created inherently dangerous conditions in nursing homes across Raleigh may bear liability through premises liability principles.
• Food Service Contractors: Third-party providers who create slip hazards through food/liquid spills or contribute to nutritional deficiencies that increase fall risks may share responsibility in cases our nursing home fall lawyer pursues.

What To Do If You or a Loved One Has Been Injured in a Nursing Home Fall

What To Do If You or a Loved One Has Been Injured in a Nursing Home Fall

At The Law Offices of John M. McCabe, our nursing home fall lawyers recommend taking immediate, specific actions following a fall injury to protect your loved one's health and legal rights throughout Raleigh and Wake County.

• Seek Immediate Medical Attention: Ensure your loved one receives prompt evaluation at WakeMed, Duke Raleigh Hospital, or Rex Hospital, even for seemingly minor injuries, as complications from falls can develop gradually and require documentation for both health and legal purposes.
• Report the Incident Formally: File an official report with the nursing home administration detailing how, when, and where the fall occurred, and request a copy for your records as our nursing home fall lawyer will need this documentation to establish timeline and notice.
• Document Everything: Take photographs of any visible injuries, the location where the fall occurred, and any environmental hazards or conditions that may have contributed to the incident at the Raleigh facility.
• Gather Witness Information: Collect names and contact information of any staff members, residents, or visitors who witnessed the fall or its aftermath, as their testimonies may prove invaluable to your nursing home fall lawyer's investigation.
• Request Medical Records: Submit a formal written request for complete medical records from both the nursing home and any hospitals or physicians who treated your loved one following the fall at facilities throughout the Triangle area.
• Preserve Evidence: Keep all torn clothing, broken eyeglasses, damaged mobility aids, or other items involved in the fall as they may serve as important physical evidence of the incident and conditions.
• Maintain a Detailed Journal: Record daily observations about your loved one's pain levels, emotional state, recovery progress, and any statements made by staff about the incident at nursing homes from North Hills to Crabtree Valley.
• Avoid Recorded Statements: Decline requests from the nursing home's insurance representatives to provide recorded statements without first consulting a nursing home fall lawyer who understands North Carolina's contributory negligence laws.
• Refuse Quick Settlement Offers: Be wary of early settlement proposals from the facility or their insurance company, as these initial offers rarely reflect the true value of nursing home fall cases throughout Wake County.
• Contact North Carolina DHHS: File a complaint with the North Carolina Department of Health and Human Services, which oversees nursing facilities and can investigate potential regulatory violations related to fall prevention and resident safety.
• Consult with a Nursing Home Fall Lawyer: Schedule a free consultation with our nursing home fall lawyer team to discuss your loved one's rights, evaluate potential claims, and determine the best course of action for seeking justice and compensation.
• Preserve Social Media Privacy: Adjust privacy settings on all social media accounts and refrain from posting details about the incident, your loved one's condition, or interactions with the nursing home that could potentially harm your case.
• Consider Facility Transfer Options: Evaluate whether your loved one should remain at the current facility or be transferred to a safer environment, a decision our nursing home neglect lawyer can help you navigate while protecting legal rights.
• Monitor for Delayed Symptoms: Stay vigilant for signs of worsening or new symptoms in the weeks following the fall, as conditions like subdural hematomas or internal injuries may not be immediately apparent but require prompt medical intervention.
• Adhere to Legal Deadlines: Be aware that North Carolina imposes a three-year statute of limitations for personal injury claims, making timely consultation with our nursing home fall lawyer essential to preserving your loved one's right to compensation.

Take Action Now: Protect Your Loved One's Rights

If you've witnessed the physical and emotional toll of a nursing home fall, don't wait to seek help. The Law Offices of John M. McCabe is standing by to provide the compassionate guidance and powerful representation your family deserves. Our nursing home fall lawyers have helped countless families throughout Raleigh and Wake County secure justice and fair compensation. Contact us today for a free, confidential consultation to discuss your case and explore your legal options.

Nursing Home Fall Lawyer FAQs

How long do I have to file a nursing home fall lawsuit in North Carolina?

In North Carolina, you generally have three years from the date of the fall injury to file a personal injury lawsuit against a nursing home. However, if the fall resulted in death, the wrongful death statute of limitations is only two years. At The Law Offices of John M. McCabe, our nursing home fall lawyers recommend acting quickly to preserve evidence and witness testimonies that are crucial to building a strong case in Raleigh and throughout Wake County.

What makes a nursing home fall case different from other personal injury cases?

Nursing home fall cases involve complex regulations, specialized standards of care, and vulnerable plaintiffs with unique needs. Unlike typical slip and fall cases, nursing homes have heightened legal duties to assess fall risks, implement prevention strategies, and provide adequate supervision. Our nursing home fall lawyers understand these distinctions and the specific federal and North Carolina regulations that govern facilities from North Hills to Crabtree Valley.

How long does a nursing home fall lawsuit typically take to resolve?

Most nursing home fall cases in Raleigh and Wake County resolve within 12-18 months, though complex cases involving severe injuries or multiple defendants may take longer. Factors that affect timeline include the facility's willingness to negotiate, clarity of liability evidence, and the extent of injuries. Our nursing home fall lawyer team works efficiently while never sacrificing thoroughness to secure maximum compensation.

Will my loved one need to appear in court for a nursing home fall lawsuit?

Many nursing home residents have health limitations that make court appearances difficult. In most cases, our nursing home fall lawyers can handle litigation without requiring your loved one's physical presence in Wake County courts. Through video depositions, medical documentation, and witness testimony, our nursing home abuse lawyers can effectively present your case while minimizing stress on your injured family member.

Can I still pursue a claim if my loved one had a history of falls before entering the nursing home?

Yes. Pre-existing fall risks actually increase a nursing home's duty to implement appropriate prevention measures. Facilities throughout the Triangle area are required to conduct fall risk assessments and develop individualized care plans that address known risk factors. Our nursing home fall lawyer team often finds that facilities fail to follow their own care plans, creating clear liability even for residents with prior fall histories.

What if the nursing home claims my loved one's fall was unavoidable?

Nursing homes often attempt to characterize falls as "unavoidable accidents," but our nursing home fall lawyers know that proper care protocols can prevent the vast majority of falls. Through expert testimony, industry standards research, and thorough investigation of facilities from Five Points to Brier Creek, we demonstrate how specific failures in care, supervision, or environment contributed to supposedly "unavoidable" incidents.

How are nursing home fall cases typically valued?

The value of nursing home fall cases depends on factors including injury severity, medical expenses, pain suffering, impact on quality of life, and facility conduct. In Wake County, compensation typically ranges from $50,000 for minor injuries to over $1 million for cases involving paralysis, traumatic brain injuries, or death. Our nursing home fall lawyer team works with medical and economic experts to accurately value the full impact of fall injuries.

What if my loved one signed an arbitration agreement with the nursing home?

Many nursing homes in Raleigh and throughout North Carolina include arbitration clauses in their admission agreements. These provisions can impact your right to sue in court, but they don't eliminate your ability to seek compensation. Our nursing home fall lawyers regularly challenge the enforceability of these agreements, especially when they were signed under duress or by someone without proper authority.

What evidence is most important in nursing home fall cases?

Critical evidence includes incident reports, medical records, facility policies, staffing schedules, witness statements, and regulatory compliance history. Our nursing home fall lawyer team also obtains internal documentation of previous falls at facilities near WakeMed or Duke Raleigh Hospital, as patterns of similar incidents strongly support negligence claims and may justify punitive damages.

Will my loved one's care be affected if we pursue a legal claim against their nursing home?

Federal regulations explicitly prohibit nursing homes from retaliating against residents who exercise their legal rights. Our nursing home neglect lawyer team carefully monitors your loved one's care throughout the legal process and can help facilitate a transfer to another facility if concerns arise. We work discreetly with Raleigh facilities to ensure your family member's wellbeing remains the priority.

How does North Carolina's contributory negligence rule affect nursing home fall cases?

North Carolina follows a strict contributory negligence rule, meaning if a resident is found even 1% at fault for their fall, they may be barred from recovery. This makes experienced legal representation crucial, as nursing homes often attempt to shift blame to residents. Our nursing home fall lawyers counter these arguments by demonstrating how the facility's duty of care extends to protecting residents even from their own limitations or actions.

Can we bring a claim if my loved one has dementia or can't communicate what happened?

Absolutely. Residents with cognitive impairments deserve the same protection from falls as other residents. In fact, nursing homes throughout Wake County have heightened responsibilities to protect these particularly vulnerable individuals. Our nursing home fall lawyer team has extensive experience building strong cases using circumstantial evidence, expert analysis, and facility records even when the injured resident cannot provide their own account.

What should we do with medical bills while a nursing home fall case is pending?

Medical bills should typically be submitted to Medicare, Medicaid, or private insurance while your case is in progress. Our nursing home fall lawyers work with you to ensure proper handling of these expenses and address any subrogation claims from insurance providers. We help families throughout the Triangle navigate these complex financial matters while focusing on their loved one's recovery.

How common are falls in North Carolina nursing homes?

Falls are alarmingly common in nursing facilities across North Carolina. According to state data, approximately 50-75% of nursing home residents fall each year, with many experiencing multiple falls. Facilities in Raleigh and surrounding Wake County communities report hundreds of falls annually, with about 10-20% resulting in serious injuries that our nursing home fall lawyer team has helped families address through legal action.

What if the nursing home has offered to pay medical bills but nothing else?

Offers to cover only medical expenses typically represent a fraction of the true value of nursing home fall cases. These offers often exclude compensation for pain and suffering, diminished quality of life, and future care needs. Our nursing home fall lawyers evaluate all aspects of your loved one's damages to ensure any settlement adequately addresses both economic and non-economic impacts of the fall injury throughout their remaining lifetime.