Elderly Falls: A Closer Look

Many people over 65 can look forward to at least ten or fifteen more active years. They usually have planned some ways to spend those years. A sudden fall wrecks all those plans in a moment. These injuries are very common, and very serious. A third of adults over 65 fall at least once a year. Because of the severe physical and emotional injuries these falls cause, over half these individuals must reside in an institution for the rest of their lives.

Since the future looks so bleak for these victims and their families, a Sugar Land slip and fall injury lawyer can usually obtain substantial compensation in these cases. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. However, mostly since out-of-state holding companies own the facilities where older people fall, like nursing homes and restaurants, these claims are very complex.

Fall Injuries

As mentioned, mostly because people over 65 often have pre-existing medical conditions, falls often cause serious injuries, such as:

• Broken Bones: The most common over-65 slip-and-fall injury may also be the most severe one. Broken biomes, especially broken leg bones, usually don’t totally heal. So, these injuries severely limit mobility for many years after the fall.
• Head Injuries: The motion of a fall, as opposed to the trauma impact, usually causes a head injury. This motion causes the brain to slam against the insides of the skull. The resulting brain bleeding and swelling causes injuries that are normally permanent.
• Internal Injuries: The same motion causes internal organs to grind and bump against each other. The resulting mild abrasions usually bleed uncontrollably. Internal organs don’t have protective skin layers.

People over 65 have a hard time recovering from one of these serious injuries, let alone all three at the same time.

These injuries have an emotional impact. Many over-65 fall victims are so afraid of falling again that they become shut-ins. This reaction has the opposite effect. Their muscles and bones atrophy, creating a higher risk for a subsequent, and more serious, fall.

How can this process be reversed? We’re glad you asked. Encourage physical and emotional activity. Walk the dog, see the neighbors, sit on the porch, walk in the park, and so on. Such activity has immense physical and emotional benefits.

Liability Issues

Mostly because of the complexities mentioned above, only the most experienced Missouri City personal injury lawyer should handle over-65 fall injury claims.

In terms of liability (legal responsibility for injury), Texas uses a classification system to determine the duty of care, which is the foundation of any negligence case. The three categories are:

• Invitee: Almost all fall injury victims are invitees. If the victim was an invited social or commercial guest, the property owner has a duty of reasonable care to make the premises reasonably safe. The owner also has a duty to frequently inspect the property to ensure continued safety and security.
• Licensee: A licensee has permission to be on the property, but his/her presence doesn’t benefit the owner. A guest of an apartment tenant is a licensee. Usually, the owner has a duty to warn in these situations. So, instead of cleaning a wet floor, displaying a “Caution Wet Floor” sign could be sufficient.
• Trespasser: This category (no permission and no benefit, therefore no duty) rarely applies, except in transient trespasser cases. If Mike goes into Walmart, he’s an invitee, even if he doesn’t buy anything. If he shoplifts, he’s a trespasser, even if he doesn’t get caught.

Texas is also a comparative fault state. If victims don’t maintain a proper lookout or are otherwise partially responsible for injury, the court could reduce their compensation, sometimes down to zero.

Count on a Diligent Fort Bend County Attorney

Injury victims are entitled to significant compensation. For a confidential consultation with an experienced personal injury attorney in Missouri City, contact the Henrietta Ezeoke Law Firm. We routinely handle matters throughout the Lone Star State.

Source:

nfsi.org/nfsi-research/quick-facts/