Wheelchair Fall Accident Injury Attorney

Falling down from a hazardous condition is a leading cause of serious injury and accidental deaths in the U.S. In particular, those who use wheelchairs are prone to accidents where they fall out of the chair, usually while they are trying to get in or out of a wheelchair. This can happen with both manual and mechanical wheelchairs, whether the patient is at home or in a nursing facility. Accidents can also happen with broken wheelchairs, meaning there is a design flaw, mechanical issue, or some other defect that makes it unsafe.

If your or your family member ended up with injuries from falling out of a wheelchair, it’s important to explore your rights and legal options, including the right to sue for an accident that was caused by someone else. For a free case review with a wheelchair fall injury attorney, contact the offices of Normandie Law Firm.

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Wheelchair Accident Statistics

According to statistics by the Centers for Disease Control and Prevention, almost 2 million people in the U.S. require some form of mobility assistance every year. Of these patients, around 100,000 require visits to the emergency room because of accidents that cause fractures or brain injury.

The most vulnerable patients are the elderly and disabled in nursing homes. These individuals have 2 fall accidents on average ever years, and many of these accidents involve getting in and out of a wheelchair. This can happen if there is a failure to inspect and maintain the wheelchair, though we find that negligence by the staff is the bigger issue. Lack of supervision is a leading cause of wheelchair accidents, along with improper techniques for helping someone in and out of the chair.

As an example, let’s say that a patient in an understaffed nursing home needs to use the bathroom. After calling for help multiple times and getting no results, he tries to get himself out of the chair without assistance. As a result, the resident falls down and suffers a concussion, along with other injuries.

Failure to Place Patient in Wheelchair Properly

Knowing how to get someone in and out of a wheelchair safely is critical, as mobility challenged patients are at greater risk of catastrophic injury or death from a fall. There are many safety rules that nurses, orderlies, and other professionals must follow when it comes to wheelchair safety. These include, but are not limited to:

• Make sure the wheelchair is locked so that it doesn’t move while you are placing someone in it.
• If the person is weaker on one side, position the chair so that it’s close to their stronger side.
• Be sure to have the wheelchair on a flat surface (not on a ramp, for example)
• Use a transfer belt if needed to help control the person’s balance as they are being moved.
• Have the patient bend towards you and make sure the back of their legs touches the wheelchair before you place them in it.
• For certain patients, two people may be needed to help the person in and out of the chair

The truth is, most accidents where someone falls out of a wheelchair could have been prevented if the staff followed protocols that were in place for assisting people to and from a wheelchair. This includes not using a Hoyer lift, and instead, trying to manually lift someone out of a wheelchair, or failing to follow some other aspect of the care plan.

Wheelchair Transportation Service Accidents

Those with limited mobility, either from age or complications from an accident, may need to hire a transportation service if they are unable to drive. Some people in wheelchairs also have buses that pick them up and transport them to senior citizen centers and special needs schools. Others are transported to and from nursing homes when they need to go to the hospital, supermarket, and many other places. Sadly, wheelchair-bound individuals are 40% more likely to have a fall-related accident when using a private transportation service.

In these instances, there may be a defect with the lifts, brakes, and restraints that are used to get the patient in and out of the vehicle. Once the person is in the van or bus, the driver or another transportation employee must ensure that they are strapped in correctly. Otherwise, the passenger can fall out of the chair if there is a sudden stop or turn.

Lack of training, being careless, and other negligent conduct can result in an accident with severe consequences. As with a medical facility, transportation companies have a legal obligation to prevent injuries to a wheelchair passenger.

Suing for Accidents Caused by Defective Wheelchairs

Some of the cases we handle involve defects with the wheelchair that existed while it was still in the manufacturer’s possession. This can happen for a number of reasons, including:

• Poor quality control at the factory
• Using low quality parts
• Inaccurate labeling, lack of warnings, unclear assembly / usage directions
• Design flaws that compromise the wheelchair’s structural integrity, function, or safety
• Improper maintenance and repairs (these services may be provided by the manufacturer)

There is no denying that a defect with any part of a wheelchair is unacceptable due to the potential for severe, life-threatening injuries. A negligent manufacturer lawsuit attorney can investigate your accident and help you pursue a legal case against the product maker and others that failed in their duty of care.

Statute of Limitations to File a Wheelchair Injury Lawsuit

As a general rule, lawsuits for personal injury have a deadline of 2 years. This window of time, referred to as the statute of limitations, starts from the date of your accident. With that in mind, it’s essential to file a claim as soon as possible, so that you don’t run out of time to sue the other party for monetary damages. If you are more than 2 years from the date of injury, it will be extremely difficult to convince the court that you deserve an extension. That in itself will take away your right to compensation, even if it’s clear that you are a victim of negligence or misconduct.

Contact a Wheelchair Fall Accident Lawyer

The personal injury attorneys of Normandie can help you get results if you or your loved one suffered injuries from a wheelchair accident. The first step is to contact us, so that we can talk to you about your accident and help you determine the best course of action.

Please note that we will never for payment upfront if you wish to hire us. Attorney’s fees are paid by the individual or entity that’s responsible for the accident. Since our payment is based on our ability to win your case, you lose absolutely nothing if we don’t recover compensation on your behalf.

Our legal team is here for you day and night, so reach out to us anytime if you need information on suing for injurie caused by falling out of a wheelchair.

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