Wheelchair Fall Accident Lawsuit Attorney

Falling out of a wheelchair is a serious accident that can leave you with devastating injuries. Those who have mobility issues are more likely to sustain injuries from a fall compared to people that do not need mobility assistance devices. That’s why medical facilities, nurses, and other individuals working with the disabled must follow certain rules when it comes to helping someone in and out of a wheelchair. In addition, patients in nursing homes and hospitals must have adequate supervision from trained and experienced staff to ensure that they don’t hurt themselves.

Negligence that results in a wheelchair fall accident can also be traced to manufacturing issues with the wheelchair. As a result, the patient may be injured from a collapsing or broken wheelchair due to a defect that existed before the product left the manufacturer’s possession. No matter the cause, victims of an accident have the right to seek justice in the form of monetary damages. A wheelchair fall accident injury attorney is here to advise you of your rights, so contact us today and schedule a free consultation.

Statistics on Wheelchair Accidents in the United States

In the U.S., around 2 million people require mobility assistance on some level, and approximately 100,000 of these individuals are treated in the emergency room due to a serious injury, like broken bones or traumatic brain injury.

Accidents of people falling out of wheelchairs account for the majority of these incidents, particularly in nursing homes and other medical facilities. Those who use wheelchairs on a regular basis have an average of 2 fall-related accidents every year, so it’s essential that they are supervised and assisted by trained and dedicated professionals. Proper training includes techniques to safely get patients in and out of the chair. Staff must also keep an eye out for signs that something is wrong with a wheelchair. After all, even if all the right techniques are used to assist the patient, they can still get hurt if they are using a defective wheelchair.

One accident we see quite often is patients in nursing homes that are clearly mismanaged. Due to understaffing and other critical failures, residents are left alone for long periods of time. Out of sheer desperation, like being in pain from bed sores or needing to go to the bathroom, the person may try to get up from the chair on their own. This is extremely dangerous, and it’s not hard to see why the person may be injured from a fall.

Accidents from Not Placing a Patient in Wheelchair Properly

Failure to place patients in wheelchairs properly happens more often than you think, and it’s a clear sign of careless or reckless behavior by those who have a duty to protect these people from harm. Procedures for how to safely help someone to and from a wheelchair include:

• Be sure that the brakes / locks are engaged so the wheelchair stay sin place
• If the patient has a weaker side, make sure to place the wheelchair on the side that’s stronger.
• The wheelchair should always be on a flat and level surface, even with the brakes on.
• Use a transfer belt as needed, based on the patient’s level of disability.
• Make sure to have the patient leaning towards you with the back of their legs touching the wheelchair before placing them in it.
• Check the care plan to see if two people are needed to lift / place the patient in the wheelchair, or if a Hoyer lift is needed to get them out of the bed.

Transportation Service Wheelchair Fall Accidents

People using wheelchairs and other mobility assistance devices may not be able to drive, and this is why they rely on transportation services to get them to medical appointments, grocery stores, and other locations. Some of these are private shuttle service companies, while others are contracted with special needs schools or nursing homes.

It’s essential that all parts of the lift system to get the patient into the van or bus are working properly. Otherwise, a patient can end up falling over due to issues with the brakes, restraints, and other parts of the lift system. Once the passenger is safely inside the vehicle, they must be strapped in correctly by a trained employee, or they may fall over if the car comes to a sudden stop or makes a sharp turn.

Unfortunately, rushing through a task, lack of training, and other examples of negligence is the reason why so many people using wheelchair transportation services are needlessly injured. Those who had a wheelchair fall accident under these circumstances can sue the transportation company for monetary damages like medical expenses, pain and suffering, lost income, and emotional distress.

Suing for Accidents Caused by Defective Wheelchairs 

With some of our clients, the injuries they suffered from a wheelchair accident is due to a product defect and other problems that are traced to the manufacturer. Manufacturer liability for a wheelchair fall accident is based on a number of circumstances, including:

• Poor management / quality control at the factory
• Inaccurate labels and /or lack of warnings
• Unclear assembly / usage directions
• Using parts that are substandard (low quality)
• Wheelchairs with design flaws and irregularities that compromise function and safety
• Failure to properly repair and maintain the wheelchair (if manufacturer offers these services to the consumers)

At the end of the day, it only takes one defect to make a wheelchair unacceptable for use by someone with limited mobility. A wheelchair manufacturer negligence lawyer here at Kenmore can help you file a product liability claim and bring you maximum payment for your injuries.

How Much Time Do I have to File a Lawsuit?

Personal injury lawsuits generally have a time limit of 2 years, so this is how long you have to file a wheelchair fall accident case, starting from the incident date. However, it’s in your best interest to file a claim as soon as possible, since it can take quite a long time before your case is settled and you receive payment from the responsible party. It’s also worth noting that it’s easy to miss the deadline for a lawsuit if you don’t take action right away. If you are past the 2-year statute of limitations, there’s little to no chance that you can go ahead with a lawsuit. Thus, we urge you to give us a call and talk to a lawyer with experience in wheelchair accidents.

Contact a Wheelchair Fall Injury Attorney

The legal experts of Kenmore Law Group are here for you 24/7 if you need skilled and aggressive representation on a wheelchair accident fall injury claim. By contacting us, you will receive a free case review, where you can learn about the process of suing for your monetary losses.

As an accident victim, we know that paying for a lawyer upfront is difficult, if not impossible. Kenmore Law Group offers a Zero Fee Guarantee, so you never pay out of pocket to retain our law firm. Our fees are recovered once you receive your settlement, so if we fail to win your case, you owe us $0.

To learn about your rights and legal options, contact our office as soon as possible.