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When Can A Senior Citizen File A Slip And Fall Injury Claim?

  • December 9, 2020
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Slip and fall injuries are some of the most common forms of personal injury. While young individuals can successfully recover from a slip and fall injury, the same is not valid for senior citizens. The elderly are particularly susceptible to the devastating consequences of a minor slip and fall, which can range from bone fractures to permanent physical or neurological disability. 

Why Are These Injuries Serious? 

Most of the injuries in elderly individuals can prove fatal. Some of the most common injuries resulting from a minor slip and fall can lead to significant trauma to the brain and harm to the internal organs of the body. Aside from the visceral damage, the most common injuries seen in senior citizens are long bone fractures and spinal injuries. Spinal injuries are dangerous because they can lead to compression of the spinal cord. It may lead to permanent paralysis of one or more parts of the body.

Even if these injuries are not fatal, they take a long time to heal. For senior citizens, it means months or years of incapacitation due to slow healing. It can also lead to dependence on dedicated caretakers and a plethora of mental health issues. Hiring the legal guidance of an experienced slip and fall lawyer at Salamati Law in Los Angeles, CA help injured senior citizens determine who was liable for their injury and obtain the legal compensation that the elderly victims rightfully deserve. 

How Can Compensation Help? 

The compensation can help the elderly in covering the medical expenses, lost income, and the pain and suffering resulting from the accident. It is particularly relevant to the elderly since they can lose their independence due to the injuries and may fall prey to multiple mental health problems in the wake of the accident. 

Although pain and suffering are subjective, there is a multiplier that is calculated based on multiple factors, including the number and severity of the physical injuries. It can significantly increase the monetary value of the compensation obtained through such a lawsuit. 

What Causes These Accidents? 

The slip and fall accidents in a majority of cases occur due to happenstance. The accidents which occur at the place of residence are solely the individual’s fault. It may result from cognitive decline or clumsy behaviour, etc. However, it does not mean that all cases occur due to personal negligence. 

If a slip and fall accident occurs at some other place such as a nursing home, hospital, market, or restaurant, etc., the liability of the injury lies with the entity in question. For example, if a senior citizen slips and falls within the premises of a nursing home, the nursing home administration is responsible for the injury. It is essential to prove that the said entity committed negligence that led to the accident.

Proving Liability

You must prove wrongdoing and negligence successfully in a court of law to win a personal injury claim. Negligence or violation of safety standards by an entity like a nursing home or hospital, etc., should be backed up by evidence. You should prove that the injury was preventable if it had not been for negligent conduct from the entity where the accident took place.

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  • Elderly
  • Legal Help
  • Personal Injury
  • Senior Citizen
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