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Falls involving the Elderly

Injury Claims for Falls Involving the Elderly

Slips and falls common among the elderly

Slip and falls, and similar are common causes of injury claims for the older population. When another person's fault causes an injury, elderly individuals have a right to claim compensation for their losses.

Age or a preexisting condition shouldn’t prevent the elderly from pursuing personal injury compensation. Their claim can be difficult to prove, but with strong evidence, seniors can still get the compensation they deserve.

Older people, especially older women have significantly weaker bones that fracture easily as the result of a fall. Their suffering from problems such as broken arms, legs, and hips may cause psychological problems as they might think they have lost their all hopes.

The right to claim compensation following a fall

Just like others, older persons also have the full legal right to claim fall injury compensation, if they are the innocent victim of any falls. The amount you receive will allow you to start putting your life back together. You or your loved one can be able to recover damages for:

As an elderly individual, you can be entitled to compensation after becoming the victim of a slip and fall accident. However, to claim for damages, you and your attorney must gather certain proof. A dangerous circumstance must have existed that resulted in your injury and that condition must be the result of the negligence of another party.

To claim for damage, the four elements that must be proven in elderly slip and fall cases include:

Falls in a nursing home

Nursing homes have a duty of care to protect all of their residents from fall hazards. Sadly, fall accidents still occur far too frequently at nursing homes. To hold a nursing home legally responsible for a fall accident, a plaintiff should be able to prove that the facility’s negligence resulted in the fall. Common examples of nursing home negligence that can cause serious fall accidents to include:

The nursing home care facilities have to be registered as ‘service providers’ with the Care Quality Commission, England’s independent regulator of health and social care. 

According to Fundamental Standards:

If you or your elderly had suffered in a nursing home, then clearly these standards have not been met, and the treatment received represents carelessness. Then you are eligible for a claim.

The NHS has an already defined complaints procedure:

Each complaint, regardless of the circumstances, to be centrally logged to build a comprehensive set of national metrics.

A government review of the entire complaints landscape.

Experienced personal injury solicitors have a huge role to play in ensuring that people’s complaints are heard, recognized, and acted upon, against these scenes.

Falls in a public place

The owners of any public space such as shops, bars have a responsibility to make sure that the area they provide is safe and secure. According to the Health and Safety at Work Act 1974 and the Occupiers’ Liability Act 1957, owners of the shop have the duty of care towards the customers and visitors as well as staff and is preserved in legislation.

Every footpath should be cleaned up, should not be any floors wet or, if there is not or the work is in progress, warning signs should have displayed and that obstructions should be cleared away.