Nursing Home Fall Lawyer

Compensation After Preventable Nursing Home Falls

A nursing home fall lawyer plays a critical role in holding facilities accountable when preventable falls harm residents. Falls remain one of the leading causes of serious injury and death in nursing homes, and far too often, they’re the result of negligence, such as ignoring fall risks, failing to assist, or overlooking safety protocols. 

Our law firm represents families nationwide, standing up for those whose trust in a nursing home was betrayed. We’re committed to helping injured residents and their family members pursue the compensation they deserve and protect other residents from similar harm.

Nursing Home Fall Settlements & Verdicts Recovered by Our Law Firm

$1,700,000 Settlement – Margaret suffered a subdural hematoma and hip fracture after falling in her room at a nursing home that failed to implement basic fall prevention measures. Her care plan noted a high fall risk, yet staff left her unattended without supervision or proper bed rails.

$735,000 Settlement – Eleanor was left alone in a wheelchair without brakes engaged and fell, suffering a broken leg along with compression fractures to her lumbar and cervical spine. Her documented need for mobility assistance and the facility’s repeated history of neglect contributed to the settlement value.

Why Choose Nursing Home Law Center

Choosing our law firm means working with a team of top-rated elder abuse attorneys who have recovered millions for injured nursing home residents nationwide. We are recognized by Super Lawyers and the Million Dollar Advocates Forum for securing record-setting results in nursing home negligence and elder abuse cases. With national reach and a proven track record, we hold assisted living facilities and nursing homes accountable for preventable fall injuries.

Types of Nursing Home Fall Cases We Handle

Our top nursing home fall lawyers handle a wide range of cases where preventable falls have caused serious harm to residents. Many cases involve residents left alone during bathroom trips, despite known mobility issues. 

We also see frequent injuries from falls out of beds that lacked proper rails, alarms, or supervision. Unsafe transfers to or from wheelchairs—especially without help from trained staff—are another common cause. Cluttered walkways, wet floors, and poor facility upkeep can also lead to dangerous falls. 

In some cases, residents are overmedicated or given sedatives that increase their risk of falling, without proper monitoring. We also represent clients in cases where repeated falls were ignored or dismissed, even after clear warning signs.

What Are the Most Common Causes of Nursing Home Falls?

Many nursing home falls happen because staff fail to take simple, well-known steps to keep residents safe. One major cause is the lack of proper fall-risk assessments or ignoring individualized care plans that outline a resident’s specific needs. Understaffing is another widespread issue, leaving residents without the help they need for everyday activities. 

Falls also occur due to broken or missing assistive devices, such as walkers, handrails, or wheelchair brakes. Slippery floors, poor lighting, and cluttered hallways further increase the danger. Some nursing home residents are given unnecessary medications or sedatives, making them unsteady and confused. 

In too many cases, nursing home staff simply fail to watch over residents who are known to be at high risk for falls, leading to severe, avoidable injuries.

What Are the Most Common Injuries and Fall Risks in Nursing Homes?

Nursing home falls can lead to serious, sometimes life-threatening injuries. Hip fractures and other broken bones are among the most common, often requiring surgery and extended recovery. 

Many residents also suffer subdural hematoma, especially when they strike their head during a fall. Other frequent injuries include lacerations, bruising, and spinal cord damage, which can result in permanent disability. 

Beyond the physical harm, residents may lose mobility, independence, and confidence. Some develop intense anxiety or depression, fearing another fall. In the most severe cases, these incidents result in wrongful death, especially when negligence delays or denies proper medical treatment.

What Damages Can Nursing Home Fall Victims Recover?

Victims of nursing home falls—and their family members—may be entitled to compensation for a range of losses. These cases often involve significant medical expenses, including surgery, hospitalization, rehabilitation, and long-term care. 

Many residents experience ongoing pain and suffering, both physically and emotionally, especially when the fall results in permanent loss of mobility or independence. Some clients also recover relocation costs when they’re forced to move to a safer facility after a fall. 

In tragic cases, families can pursue damages for their loved one’s suffering, funeral costs, and emotional loss.

What Is the Average Payout for a Nursing Home Fall?

Based on Law.com’s VerdictSearch, the average payout for a nursing home fall is $6,340,227, with a median award of $450,000. Reported values range from $34,626 to $200 million, depending on the severity of the injury and the circumstances surrounding the fall.

Several key factors can influence the value of a nursing home fall case, including:

• Severity of the injuries 
• Whether the fall resulted in permanent disability or loss of mobility
• Evidence of negligence or staff misconduct
• Repeated or ignored falls, indicating systemic issues
• Availability and strength of evidence and witness testimony
• Whether the case settles or proceeds to a jury verdict
• State laws and local jury trends

Example Cases

$200,000,000 Verdict – Fatal Wheelchair Fall Down Stairwell

Elvira Nunziata, 92, died after falling down a stairwell while strapped into her wheelchair. Despite known dementia and a history of wandering, staff failed to respond to door and chair alarms. Trial evidence showed chronic understaffing, poor supervision, and a pattern of negligence, including malnutrition, dehydration, and infections. 

Her son filed a wrongful death lawsuit citing repeated neglect. The jury awarded $5 million for negligence, $5 million for abuse, $140 million in punitive damages, and $50 million to her son for emotional loss.

$33,900,700 Verdict – Repeated Falls and Untreated Hip Fracture

Cheatum Myers, 89, suffered eight documented falls at a nursing home, most during unsupervised bathroom trips. A final fall led to a hip fracture that went untreated for a week. Despite medical orders, staff forced him to walk, worsening his condition. 

He later developed pressure ulcers, infections, and broken bones. His family claimed the facility prioritized profits over safety and failed to staff adequately. The jury awarded over $4 million in compensatory damages and $29.8 million in punitive damages.

Why You Need a Nursing Home Fall Lawyer

Hiring a nursing home fall attorney is critical when a facility tries to avoid responsibility. Many homes claim falls were “unavoidable” or blame the resident’s age or medical history. Some even withhold incident reports or alter records to protect themselves. 

Our nursing home fall attorneys know how to uncover the truth–through staff depositions, expert medical testimony, and thorough investigation of facility practices. We routinely litigate against major nursing home chains and their corporate owners, holding them accountable for unsafe conditions and poor care. 

Without legal help, families often face delays, denials, or misleading explanations that prevent rightful compensation.

How Common Are Falls in Nursing Homes and Assisted Living Facilities?

Research indicates that as many as half of the approximately 1.6 million residents in the United States nursing homes fall yearly. Around one-third of those who fall in a nursing home each year suffer multiple fall incidents. About one in 10 nursing home residents suffers a severe injury, with approximately 65,000 hip fractures occurring each year. 

Studies further reveal that the average occurrence of falls in nursing homes is 1.5 per bed per year. Gait and balance disorders, weakness, dizziness, and environmental hazards are among the most common causes of nursing home falls. 

According to the CDC, every 11 seconds, a senior is treated in the emergency room following a fall accident with injury. Almost 36% of ER visits involving a fall incident at a nursing home are preventable. They also report that an older adult dies every 20 minutes from a fall, and falls are the leading cause of death by injury in those 65 years and older. 

The average cost of elderly falls per nursing home each year is greater than $17,000.

What Laws Govern Nursing Home Fall Claims?

There are state and federal laws and regulations that set clear safety standards for nursing homes. 

Under 42 CFR § 483.25(d), facilities must ensure residents are free from avoidable accidents, including falls, by providing adequate supervision and assistive devices such as bed alarms, grab bars, and walkers.

42 CFR § 483.70 requires nursing homes to implement safety programs to conduct risk assessments and proper interventions. 

42 CFR § 483.60 mandates that facilities prevent dehydration and malnutrition, as these factors significantly increase the risk of falls. 

The Omnibus Budget Reconciliation Act of 1987 (OBRA) requires individualized fall prevention plans tailored to each resident’s health and mobility needs. Care facilities must also provide staff training to prevent falls and properly respond to incidents.

The Centers for Medicare & Medicaid Services (CMS) Guidelines enforce fall prevention best practices and conduct inspections to ensure compliance. Nursing homes found negligent may face penalties for avoidable falls. 

Many state regulations impose additional fall prevention standards. Some states require mandatory reporting of falls that result in serious injury or death, minimum staffing levels for proper supervision, and stricter medication monitoring for drugs that increase the risk of falling, such as sedatives and blood pressure medications. 

How Long Do Victims Have to File a Nursing Home Fall Lawsuit?

Every state has a statute of limitations that sets a time limit for filing a nursing home fall lawsuit. For most claims, the statute of limitations ranges from one to three years, but exceptions may apply in cases of fraud, delayed discovery of injuries, or incapacitated victims.

Who Is Legally Liable for Falls Involving Nursing Home Residents?

In a nursing home fall claim, liability often extends beyond just the staff on duty. While individual caregivers can be responsible in rare situations, most legal claims focus on the nursing home facility, its operators, and parent corporations that failed to ensure proper staffing, supervision, or prevention protocols. 

Medical directors or supervising nurses may also be liable if they ignored fall-risk assessments or failed to act on known hazards. In some cases, third-party contractors–such as maintenance providers–can be held accountable for unsafe flooring, broken equipment, or poor lighting that contributed to the fall.

Common Defenses in Nursing Home Fall Cases

Nursing home fall claims often involve facilities using the same common defenses to avoid liability. They may argue that the resident’s age or medical fragility made the fall “unavoidable,” or claim they didn’t know the resident was at risk of falling. 

Others point to compliance with minimum federal and state laws, suggesting that doing the bare minimum is enough. Facilities also frequently blame pre-existing medical conditions–like dementia or balance issues–as the sole cause of the fall.

Our experienced attorneys know how to challenge these claims. We work with medical experts to show how proper prevention protocols–like supervision, bed alarms, and assistance with mobility–could have prevented the injury. 

We review staff logs, care plans, and prior incident reports to prove the facility had knowledge of the risk and failed to act. When necessary, we depose staff members and bring in expert testimony to expose patterns of negligence.

How to Strengthen a Nursing Home Fall Claim

To strengthen a nursing home fall claim, it’s essential to act quickly and gather as much evidence as possible. Begin by documenting the resident’s injuries with clear photos and requesting all relevant records, including emergency room reports and care notes. Filing a complaint with your state’s regulatory agency or long-term care ombudsman can trigger an outside investigation. 

Statements from other residents or visiting family may support claims of nursing home negligence. Request copies of incident reports and the resident’s care plan, especially if risks were already identified. Most importantly, contact a nursing home fall attorney to help preserve evidence and protect your legal rights.

How a Nursing Home Fall Attorney Can Help

A nursing home fall attorney plays a key role in building a strong case for injured residents and their family members. We begin by investigating the cause of the fall, reviewing records, staff reports, and facility logs to uncover what really happened. Our team works closely with medical experts and safety professionals to show how the fall could have been prevented. 

We also look beyond the incident itself, identifying corporate negligence, understaffing, and cost-cutting decisions made by ownership that put residents at risk. Whether through negotiation or trial, we fight for fair compensation for fall-related injuries and long-term harm.

How to Report a Fall in a Nursing Facility 

If a nursing home fall results from neglect or inadequate supervision, several legal and regulatory agencies oversee investigations and enforcement actions. Reporting these incidents can help hold facilities accountable and prevent future harm.

Here are some federal and state agencies where you can file a report: 

• The Centers for Medicare & Medicaid Services (CMS) investigates nursing homes that fail to meet federal safety standards for fall prevention. Complaints can be filed through your state’s survey agency online.
• The U.S. Department of Health and Human Services (HHS) – Office for Civil Rights (OCR) investigates cases where fall injuries result from neglect or violations of residents’ rights. Complaints can be filed online or by calling 1-800-368-1019.
• The Long-Term Care Ombudsman Program (ACL) advocates for nursing home residents and investigates neglect, falls, and safety violations. Locate your state’s Ombudsman office online to report concerns.
• State Health Departments & Survey Agencies oversee nursing home inspections and ensure compliance with fall prevention guidelines. Complaints can be filed online through your state’s agency.
• Adult Protective Services (APS) investigates elder neglect cases, including preventable falls caused by staff negligence. Find your state’s APS office online to file a report.
• The State Attorney General’s Office – Elder Abuse Unit investigates criminal neglect, including serious fall injuries due to poor supervision. Locate your state’s division online to report misconduct.
• State Elder Abuse Hotlines handle reports of neglect, falls, or wrongful deaths caused by unsafe nursing home conditions. 

If severe neglect or reckless endangerment led to a fall injury or death, report the incident to local law enforcement. Call 911 for emergencies or file a non-emergency neglect report with your local police or sheriff’s office.

Families may also pursue a nursing home fall lawsuit if negligence caused serious harm. Contact a nursing home abuse lawyer from our team for a free consultation to discuss your case and explore your legal options. 

FAQs

Can you sue a nursing home for a fall?

Yes, if a nursing home’s negligence leads to a fall, you may have grounds for a lawsuit. Facilities are legally required to provide a safe environment, proper supervision, and fall prevention measures. If they fail to do so, resulting in serious injuries or death, they can be held accountable.

Are falls considered nursing home abuse?

Falls may be considered abuse if the facility fails to follow safety protocols or does not take proper precautions for high-risk residents. If a nursing home fails to assess the risks of falling and provide assistive devices, lacks proper supervision, has unsafe conditions, overmedicates, or fails to monitor medication effects, it may be found negligent.

Can I file a wrongful death lawsuit after losing my elderly loved one due to a fall?

Yes. If your loved one died because of a preventable nursing home fall, you may file a wrongful death claim. A nursing home fall attorney can help prove negligence and seek damages for medical costs, emotional loss, and end-of-life care.

Are nursing home falls preventable?

While some falls may be accidental, many occur due to staff negligence, inadequate supervision, or failure to assess risk factors. Nursing homes must implement safety measures such as mobility aids, bed alarms, and regular monitoring to minimize the risk of falling. 

If your loved one suffered a fall in a nursing home, an attorney can help investigate whether a lack of supervision, understaffing, or inadequate prevention measures contributed to the incident.

How can nursing facilities prevent falls?

Nursing homes are required to take proactive steps to prevent falls and protect vulnerable residents from serious harm. This includes performing regular fall risk assessments, ensuring adequate staffing, and using proper assistive devices like bed alarms and grab bars. 

Facilities must also manage medications that affect balance, maintain safe, well-lit spaces, and supervise all transfers and mobility needs. Strength-building therapy and fall prevention plans should be part of daily care, especially for high-risk residents. 

If a fall does happen, the nursing home must review the incident, update the care plan, and take corrective action to avoid repeated fall-related injuries.

How is liability for nursing home falls determined?

Liability for a nursing home fall is based on four legal elements: duty, breach, causation, and damages. The facility has a legal duty to provide care and safety to the resident. If staff or management breach that duty—by failing to supervise, ignoring fall risks, or neglecting safety protocols—and that breach causes a fall resulting in injury, the facility may be held liable. 

A successful claim must show the facility’s negligence caused damages, such as medical expenses, loss of mobility, or other harm.

What evidence is needed to prove a case?

Strong evidence includes medical records, incident reports, fall risk assessments, staffing logs, and witness statements. Photos of fall-related injuries, safety hazards, or prior complaints can also help. A nursing home fall attorney may also use expert testimony to establish negligence and injury severity.

Which nursing home patients are most at risk of falling?

Nursing home patients with limited mobility, cognitive impairments like dementia, balance issues, or those taking sedatives or blood pressure medications face a higher risk of falling. Those with a prior history of falls or unmonitored health conditions also require closer supervision and support.

How much does a nursing home fall lawyer cost?

Our lawyers work on a contingency fee basis, meaning you pay nothing up front. We only get paid if we recover compensation through a settlement or verdict.

Consult Our Nursing Home Abuse Attorneys

At Nursing Home Law Center, we are dedicated to holding nursing homes liable when their negligence causes harm. A preventable fall in a nursing home can cause devastating injuries, mental anguish, and financial burdens. If negligence played a role in your loved one’s fall, you have the right to seek compensation. Contact our law firm today at (800) 926-7565 for a free consultation, or use our contact form.