On this page
- Common Causes in Nursing Home and Elder Care Abuse Cases
- Injuries Often Involved
- Residents' Rights and Facility Records
- Evidence That Can Prove Your Claim
- Who May Be Responsible
- What to Do Next
- Compensation You May Be Able to Recover
- Why Acting Early Matters
- How Our Attorneys Can Help
- Attorneys Who Handle These Cases
- Frequently Asked Questions
Unsafe restraint injuries result from improper use of physical or chemical restraints.
Unsafe Restraint Injuries cases are part of our Nursing Home and Elder Care Abuse practice. Our attorneys investigate facility records, staffing and inspection histories to hold care providers accountable and help families protect residents from further harm.
Common Causes in Nursing Home and Elder Care Abuse Cases
- Understaffing and inadequate training
- Failure to reposition residents
- Inadequate fall prevention
- Medication administration errors
- Failure to provide food and water
- Physical, emotional or sexual abuse
Injuries Often Involved
- Bedsores and pressure ulcers
- Fractures from falls
- Dehydration and malnutrition
- Infections and sepsis
- Wrongful death
Residents' Rights and Facility Records
Federal and state laws establish rights for nursing home residents and require facilities to meet care standards. Inspection reports, care plans and staffing records often reveal patterns of neglect. Many admission contracts include arbitration clauses; whether they apply depends on the circumstances.
Evidence That Can Prove Your Claim
Strong cases are built on evidence gathered early. Depending on the facts, we work to obtain:
- Care plans and resident charts
- Staffing levels and schedules
- State inspection reports and citations
- Incident reports and photographs
- Medication administration records
Who May Be Responsible
More than one party may share responsibility, which can increase the insurance coverage available. Potentially liable parties include:
- Nursing homes and assisted living facilities
- Facility owners and management companies
- Home health agencies
- Individual caregivers
What to Do Next
- Get a second opinion and needed follow-up care
- Request copies of your medical records
- Write down dates, providers and what you were told
- Keep medication containers and discharge papers
- Avoid signing releases from the provider
- Speak with an attorney promptly — special deadlines may apply
Compensation You May Be Able to Recover
Depending on the facts and the law that applies, a claim may include:
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Pain, suffering and emotional distress
- Rehabilitation, long-term care and home modification costs
- Property damage and other out-of-pocket losses
Why Acting Early Matters
Every state sets deadlines for filing injury claims, and claims involving government entities can require formal notice within a much shorter time. Video footage, records and physical evidence can be lost quickly. Speaking with an attorney early protects your options.
How Our Attorneys Can Help
We investigate what happened, deal with the insurance companies, document the full extent of your losses and pursue a fair settlement — and we are prepared to go to court when an insurer will not be reasonable. Personal injury cases are handled on a contingency fee basis: you pay no attorney fee unless we recover compensation for you. Consultations are free and confidential.
Attorneys Who Handle These Cases
Frequently Asked Questions
How do I know if I have a case involving Unsafe Restraint Injuries?
If someone else's negligence caused or contributed to your injury, you may have a claim. The answer depends on how the incident happened, the evidence available, your injuries and the law in your state. A free consultation can help you understand your options.
What is a Unsafe Restraint Injuries case worth?
Every case is different. Value depends on the severity of your injuries, medical costs, lost income, long-term effects, the strength of the evidence and the insurance available. We cannot predict an outcome, but we document every element of your losses.
How much does it cost to hire your firm?
We handle personal injury cases on a contingency fee basis. You pay no attorney fee unless we recover compensation for you, and the consultation is free and confidential.
What are signs of nursing home neglect?
Unexplained injuries, bedsores, weight loss, dehydration, poor hygiene, withdrawal and repeated falls.
Can we still bring a claim if we signed an arbitration agreement?
Possibly. Arbitration agreements may still allow a claim to proceed in arbitration, and some may be unenforceable.
This page provides general information, not legal advice. Laws differ from state to state, and every case depends on its own facts. Reading this page does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.