Nursing Home Fall Lawyer

Helping Victims of Falls Hold Nursing Facilities Accountable & Recover Compensation 

Falls are one of the most serious and preventable injuries in nursing homes, often resulting from negligence, understaffing, or improper supervision. Many nursing home residents suffer serious injuries due to slip and fall accidents, broken bones, head trauma, and complications from delayed medical care. 

When a nursing home or assisted living facility fails to provide a safe environment, victims and their families may be entitled to compensation for medical expenses, pain and suffering, and long-term care costs. 

At Nursing Home Law Center, our experienced attorneys fight for victims of nursing home neglect and have secured millions in settlements for injured residents, including:

• $1,700,000 for a nursing home fall claim involving a subdural hematoma and hip fracture.
• $735,000 for a fall settlement where a resident suffered a broken leg and spinal compression fractures after falling from an unattended wheelchair.
• $610,000 for a resident dropped by staff due to the improper use of a Hoyer lift.

Contact us today for a free consultation to discuss your legal options. 

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.

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

Under 42 CFR § 483.25(d) – Accident Prevention, 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 – Facility Administration and Safety Policies require nursing homes to implement safety programs to identify and reduce fall risks through risk assessments and proper interventions. 

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

The Omnibus Budget Reconciliation Act of 1987 (OBRA) – Nursing Home Reform Act 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 fall risks, such as sedatives and blood pressure medications. 

Falls in skilled nursing facilities are often classified as nursing home abuse and neglect when facilities fail to assess fall risks, provide assistive devices, or supervise high-risk residents.

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

If a fall results in serious injury or fatality, families may sue the care facility for gross negligence, medical malpractice, or wrongful death damages.

Statistics on Falls in Nursing Homes

Fall injuries in nursing homes occur more than they should. Here are a few vital statistics to know about slip and fall incidents in nursing homes:

Research indicates 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 suffer a severe injury, with approximately 65,000 hip fractures occurring each year. 

Studies further reveal 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.

Fall Risk Factors Among Elderly Nursing Home Residents 

Falls are a serious concern in nursing homes, as many residents have medical conditions, mobility limitations, or cognitive impairments that increase their risk. 

As seniors age, they experience muscle weakness, balance issues, vision impairments, and slower reaction times, all of which increase the likelihood of falling. Chronic pain, foot problems, or quick position changes can also contribute to instability. 

Many nursing home residents rely on mobility aids, and transferring from wheelchairs to beds or navigating bathrooms presents additional fall risks.

Many elderly residents also take prescription medications that can cause dizziness, drowsiness, or balance issues. Certain drugs, such as sedatives, antidepressants, or blood pressure medications, increase the risk of falls. 

Improper dosing, missing medications, or medical negligence—such as prescribing the wrong medication—can further heighten fall risks. Nursing home staff must ensure residents take medications properly to prevent avoidable falls.

Unsafe nursing home facilities can create fall hazards, including cluttered hallways, poor lighting, slippery floors, or broken flooring. Facilities must have strict cleaning, organization, and repair protocols to maintain a safe living environment. Poor emergency planning can also delay medical attention, worsening injuries from falls.

Residents with Alzheimer’s disease, dementia, or other cognitive disorders face an increased risk of falls due to memory loss, confusion, and difficulty judging distances. These conditions affect balance, mobility, and awareness of surroundings, making constant supervision and environmental safety critical in nursing homes and assisted living facilities. 

Consequences of Nursing Home Falls

Falls in nursing homes often result in serious physical and psychological consequences, particularly for elderly residents with existing health conditions. 

Fractures and broken bones are among the most common injuries, as seniors often attempt to break their fall with their arms or hands, leading to wrist, arm, or hip fractures. A severe fall can even cause spinal fractures, significantly reducing mobility and making recovery difficult.

Head injuries and traumatic brain injuries (TBI) are also major risks, as residents may hit their heads during a fall, leading to brain trauma that requires extensive medical treatment. Soft tissue injuries, including sprains, strains, and muscle tears, are common and can worsen existing health conditions, especially when mobility is already limited.

Beyond physical harm, falls can have lasting psychological effects. Many nursing home residents develop a fear of falling, which leads to anxiety, depression, and a reduced quality of life. Some become withdrawn, avoiding activities they once enjoyed due to fear of future falls. 

In cases where nursing home neglect or abuse is involved, residents may also develop distrust toward caregivers, worsening their emotional distress.

Preventing Falls in Nursing Homes

Nursing homes must take proactive measures to prevent falls and protect vulnerable residents from avoidable harm leading to life-threatening injuries.

• Individualized Fall Risk Assessments – Upon admission and at regular intervals, nursing homes should assess each resident’s fall risk based on mobility, medical conditions, medications, and cognitive function. High-risk residents require personalized fall prevention plans to reduce their chances of falling.
• Adequate Staffing and Supervision – Many falls occur due to understaffing, leaving residents unattended for long periods. Nursing homes must ensure adequate staffing levels so that residents who need assistance with walking, transfers, or toileting receive the help they need.
• Assistive Devices and Safety Equipment – Providing walkers, canes, grab bars, bed rails (when appropriate), and non-slip flooring can help prevent falls. Bed alarms and motion sensors can also alert staff when a high-risk resident tries to get up unassisted.
• Medication Management – Some medications, including sedatives, antidepressants, and blood pressure medications, can cause dizziness or drowsiness, increasing fall risks. Caregivers must monitor side effects, adjust dosages when necessary, and ensure residents take medications correctly.
• Proper Lighting and Hazard-Free Environments – Nursing homes must maintain well-lit hallways, clear walking paths, and non-slip floors to reduce trip hazards. Loose rugs, clutter, or wet floors are common hazards that should be promptly addressed.
• Supervised Transfers and Mobility Assistance – Residents with limited mobility should always receive assistance when moving from bed to chair, using the restroom, or walking. Improper lift techniques or neglecting transfer support often lead to falls and serious injuries.
• Strength and Balance Therapy – Physical therapy and exercise programs can help residents improve strength, coordination, and balance, reducing the risk of falls. Nursing homes should encourage safe movement rather than restricting activity due to fear of falling.
• Frequent Reassessment and Incident Reviews – If a fall occurs, nursing homes should investigate the cause, reassess the resident’s fall risk, and update care plans to prevent future incidents. 

The Legal Process Following 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 abuse 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 and neglect lawyer from our team for a free consultation to discuss your case and explore your legal options. 

Proving Liability for a Nursing Home Fall

To hold a nursing home accountable for a fall, a legal claim must establish four key elements of negligence:

1. Duty of Care – The nursing home had a legal obligation to ensure resident safety, including fall prevention, proper supervision, and a hazard-free environment.
2. Breach of Duty – The facility failed to meet safety standards, such as not assisting residents with mobility, failing to conduct fall risk assessments, or ignoring known hazards.
3. Causation – The nursing home’s failure directly caused the fall, meaning the incident wouldn’t have occurred if proper precautions were in place.
4. Damages – The resident suffered injuries, financial losses, or even death due to the fall.

Liability can fall on multiple parties, including:

• Nursing home administration for failing to implement or enforce fall prevention policies.
• Staff members if they neglected mobility assistance, improperly transferred residents, or ignored signs of distress.
• Third-party contractors if the fall was caused by unsafe conditions due to poor facility maintenance, defective flooring, or improper equipment use. 

Evidence Needed to Support Your Claim

A successful claim requires concrete evidence proving that the nursing home’s negligence caused the fall. Key evidence includes:

• Medical Records – These document the extent of injuries and whether pre-existing conditions made the resident more vulnerable to falls.
• Incident Reports – Nursing homes are required to document falls. These reports may reveal staff errors, delayed medical response, or prior warnings of fall risk.
• Surveillance Footage – If available, video evidence can show whether staff were present, how quickly they responded, and whether environmental hazards contributed to the fall.
• Witness Statements – Testimonies from other residents, visitors, or staff can confirm whether the facility failed to provide necessary care or supervision.
• Staff Training Records – Verifying whether staff members were properly trained in fall prevention and emergency response can support claims of negligence.
• Maintenance and Inspection Records – These help determine if the facility ignored hazards, such as broken handrails, wet floors, or poor lighting.

A nursing home attorney plays a critical role in securing this evidence, interviewing witnesses, and proving the nursing home’s liability. Our legal team can subpoena internal facility records, work with medical and safety experts, and ensure the case is strong enough to hold the responsible parties accountable. 

Seeking legal representation early helps prevent nursing homes from covering up evidence or disputing responsibility. 

Damages Awarded in Nursing Home Fall Lawsuits 

Victims of nursing home falls and their families may be entitled to different types of compensation for the harm caused by the facility’s negligence. Damages awarded in nursing home fall lawsuits typically fall into the following categories.

Economic Damages

These cover financial losses or tangible expenses incurred due to the fall, including:

• Medical Expenses – Hospital stays, surgeries, rehabilitation, and ongoing treatment.
• Long-Term Care Costs – Assisted living or home health services needed due to fall-related injuries.
• Physical Therapy – Costs associated with mobility rehabilitation and pain management.
• Lost Financial Contributions – If the resident contributed financially to their family (such as with Social Security benefits).

Non-Economic Damages 

These provide financial recovery for the emotional pain and physical toll of the injury, such as:

• Pain and Suffering – Chronic pain, discomfort, and loss of independence.
• Emotional Distress – Anxiety, depression, or PTSD resulting from the fall.
• Loss of Enjoyment of Life – When injuries prevent the resident from engaging in normal daily activities.

Punitive Damages

If a nursing home’s actions were particularly reckless or intentional, courts may award punitive damages to punish the facility for gross negligence or abuse and deter future neglect. Examples include:

• Repeated failure to address fall risks despite prior incidents.
• Intentional neglect, such as ignoring a resident’s fall warnings.
• Falsifying records to cover up an injury.

Wrongful Death Damages

If a fall leads to a resident’s death, surviving family members may seek:

• Funeral and burial costs
• Loss of companionship and support
• Survivor pain and suffering

Each case is unique, and compensation varies based on the severity of injuries and the nursing home’s level of negligence. A nursing home fall attorney from our team can help recover the full extent of damages to ensure justice for the injured resident and their loved ones. 

You Have Limited Time to Sue a Nursing Home for a Fall 

Families seeking justice for nursing home fall injuries must act quickly, as strict legal deadlines apply. Every state has a statute of limitations that sets a time limit for filing a nursing home fall lawsuit. If the deadline passes, you may lose the right to financial recovery of medical expenses, pain and suffering, and other damages.

For most nursing home lawsuits related to personal injury and wrongful death, 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. 

If your loved one was injured due to nursing home negligence, consult an experienced attorney as soon as possible to ensure your case is filed within the legal time frame. A delay could jeopardize your ability to seek financial compensation and hold the responsible parties accountable. 

Common Causes of Falls Due to Nursing Home Negligence 

Nursing home neglect is one of the most common causes of resident falls. Negligence in nursing homes may occur in the following ways:

• Inadequate Supervision – Nursing home residents should receive 24/7 supervision and monitoring to prevent falls and other injuries. Failing to respond to resident call lights can be considered nursing home abuse and neglect, especially if it results in an injury.
• Medication Errors – Improper dosages or drug interactions can cause dizziness, drowsiness, or sudden drops in blood pressure.
• Understaffing – Failing to hire or schedule enough staff members, thus leaving residents without the help they need for mobility, transfers, or routine car, increases the likelihood of falls.
• Unsafe Environment – Wet floors, poor lighting, cluttered hallways, and broken handrails can be dangerous for elderly residents.

Are Nursing Home Falls Preventable?

Yes, most nursing home falls are preventable when proper fall prevention protocols are in place. 

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

The preventability of a fall depends on several factors, including whether the resident was identified as a fall risk, what precautions the facility had in place, and whether past falls were properly addressed. If a nursing home fails to take necessary precautions, it may be liable for neglect or improper care.

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

Is a Resident to Blame for Falling While Getting Up Without Assistance?

No, a nursing home resident is not to blame for a fall, even if they attempted to get up without assistance. 

Many nursing home patients suffer from cognitive impairments, mobility issues, or medication side effects that can impact their judgment and coordination. Skilled nursing facilities have a legal duty to assess fall risks, provide supervision, and implement preventative measures to keep residents safe. 

If a resident fell while trying to move independently, it may indicate inadequate supervision, understaffing, or failure to provide necessary mobility aids, making the facility liable for neglect. 

Which Nursing Home Residents Are Most Vulnerable to Fall-Related Injuries? 

Certain elderly residents face a higher risk of fall-related injuries, including those with:

• Mobility impairments (e.g., using walkers, canes, or wheelchairs)
• Neurological disorders such as Alzheimer’s or Parkinson’s disease
• Muscle weakness or balance issues from aging or inactivity
• Medication side effects (e.g., dizziness or drowsiness from sedatives, blood pressure medications, or painkillers)
• Poor vision or hearing loss, making it harder to navigate safely
• Osteoporosis or brittle bones, increasing the likelihood of fractures after a fall

Should I Pursue Legal Action for a Fall in a Nursing Facility?

If a fall resulted from nursing home neglect, inadequate care, or unsafe conditions, you should consider pursuing legal action. Taking legal action can help recover compensation for medical expenses, pain and suffering, and wrongful death damages, while also pushing facilities to improve safety standards. 

What Is the Potential Compensation for a Nursing Home Fall Injury Claim?

The compensation awarded in a nursing home fall case depends on the severity of the injury, medical costs, and the level of facility negligence. Common damages include:

• Medical expenses (hospital bills, surgery, rehabilitation, physical therapy)
• Pain and suffering (physical pain, emotional distress, reduced quality of life)
• Long-term care costs (if the resident requires additional nursing care)
• Lost income (if family members had to take time off to care for the injured resident)
• Wrongful death damages (funeral costs, loss of companionship, financial hardship for surviving family)

A nursing home fall attorney can help calculate the full value of a claim and ensure families receive fair compensation for the harm suffered. 

What Steps Should I Take to Investigate a Nursing Home Fall Incident?

If your loved one has suffered a fall in a nursing home, taking immediate action can help preserve evidence of neglect. Steps to take include:

• Request medical records documenting the injuries and treatment provided.
• Ask for incident reports from the nursing home detailing how the fall occurred.
• Speak with staff and witnesses to gather statements on the conditions leading to the fall.
• Take photographs of the resident’s injuries and any unsafe conditions (e.g., wet floors, poor lighting, lack of safety equipment).
• Request past inspection reports to check if the facility had previous safety violations.
• Contact a nursing home fall attorney to help investigate and determine liability. An attorney can issue subpoenas for internal facility records, video footage, and staff schedules to determine whether negligence played a role in the fall. 

What Kind of Lawyer Do I Need to File a Nursing Home Fall Lawsuit?

To file a nursing home fall lawsuit, you need an experienced nursing home abuse lawyer or elder neglect attorney who specializes in personal injury and wrongful death claims against care facilities. These attorneys understand:

• State and federal nursing home regulations
• How to prove facility negligence and fall-related injuries
• How to secure compensation for medical bills, pain, and suffering
• How to negotiate settlements or take cases to trial

A nursing home negligence lawyer can guide you through the legal process, gather evidence, and hold the nursing home liable for failing to protect your loved one. 

How Much Does it Cost to Hire a Nursing Home Fall Attorney? 

Our elder abuse attorneys work on a contingency fee basis, meaning you pay nothing upfront and only owe legal fees if we help you win your case. The contingency fee will be an agreed-upon percentage of the final settlement or court award. 

This fee structure allows families to pursue justice without financial risk, ensuring that nursing homes face accountability for neglect and unsafe conditions. 

Let an Experienced Attorney Handle Your Case! 

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, emotional distress, 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 online form.