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Columbia Personal Injury Attorney > Blog > Personal Injury > Special Issues In Nursing Home Fall Claims

Special Issues In Nursing Home Fall Claims


The annual economic costs of elderly falls exceeds $50 billion. Many of these costs are associated with nursing home falls, where about 60 percent of residents fall each year. Many of these victims are repeat fallers, so their injuries are often more severe. These victims also have pre-existing conditions that make them more susceptible to a serious fall. More on these things below.

Even if a pre-existing condition contributed to the likelihood and/or severity of a fall, a Columbia personal injury lawyer can obtain maximum compensation for these injuries in court. Usually, insurance companies cannot use a victim’s vulnerabilities as an excuse to reduce or deny compensation. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Slip-and-Fall Risk

Common physical conditions among older people, such as gait disorders and age-related macular degeneration (AMD), increase the risk of a serious fall.

People with gait disorders don’t lift their feet when they walk. Instead, they shuffle their feet. So, they have a hard time negotiating stairways, even if they’re only a few steps up or down. Additionally, when these victims stumble, they typically cannot regain their balance. Therefore, even a seemingly small hazard that a younger person could easily negotiate often causes a severe fall.

AMD is the deterioration of key eye muscles. This degradation affects the straight-ahead vision that people need for good balance. Additionally, this condition compromises a victim’s overall vision.

Outdoor ice falls are a good example. When older people walk on sidewalks or across parking lots, they often cannot see icy patches, especially at night. That’s especially true if the hazard is black ice. This thin, translucent ice is much slicker than other kinds of ice.

A Columbia personal injury attorney often uses these physical conditions to overcome the open and obvious doctrine, a common fall injury defense in South Carolina. Owner’s usually aren’t responsible for injuries if an open and obvious hazard causes a fall.

To older people, hazards that are open, obvious, and avoidable to most people are often hidden and unavoidable. They cannot avoid hazards because of AMD, and they cannot help but fall because of a gait disorder.

Normally, owners are liable for slip-and-fall injuries if the victim was an invitee (person who had permission to be on the land and whose presence benefited the owner) and the owner knew, or should have known, about the injury-causing hazard.

Injury Severity

When younger people slip and fall, they may only scrape their knees or suffer other minor injuries. But when older people fall, there’s usually no such thing as a minor injury.

Many older adult fall victims are repeat fall victims. Frequently, the injuries they sustained in the first fall, like a broken hip, don’t entirely heal. As a result, they’re prone to reinjury. These reinjuries are much harder to treat than original injuries.

Additionally, many older victims have pre-existing medical conditions, like arthritis, which contribute to injury severity. That’s especially true among nursing home fall victims. Generally, these individuals wouldn’t be in nursing homes if they didn’t have such pre-existing injuries or medical conditions.

Nursing home and other older adult fall injury claims are quite complex. Usually, an out-of-state or offshore holding company owns the property at issue.

Rely on a Thorough Richland County Lawyer

Injury victims are entitled to significant compensation. For a free consultation with an experienced personal injury lawyer in Columbia, contact the Marc Brown Law Firm. Attorneys can connect victims with doctors, even if they have no insurance or money.


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Marc Brown

Marc Brown Law Firm

Meet Attorney Marc Brown

Marc Brown is an experienced personal injury and civil rights attorney serving clients throughout South Carolina and Georgia. Marc is motivated by the challenge of helping his clients solve their complex legal issues, and most importantly, he obtains favorable results. He is a caring and conscientious attorney who brings the experience and resources of a larger firm to his smaller, more personalized practices in Sumter and Columbia, SC.

A Personable & Dedicated South Carolina Attorney

As someone who has always had a keen sense of right and wrong and a desire to achieve excellence and fairness in all things, pursuing law was a natural career choice. After graduating with honors from the prestigious Emory University School of Law, Marc went on to become a dedicated litigator who focuses on personal injury, workers’ compensation, and criminal defense cases.

Why Choose Us?

Choosing an attorney is a very important decision, but it can be difficult. When you choose the Marc Brown Law Firm, we do everything we can to keep you informed, put your needs first, and to make sure justice is served. Here are just a few reasons to choose us:

The Right Experience

Attorney Marc Brown has experience that matters. Prior to opening this law firm, Marc spent nearly a half a decade defending big insurance companies and large corporations in personal injury and commercial litigation matters across the United States. Marc knows exactly how insurance companies and corporations evaluate claims and what they look at when deciding to increase the amount they are willing to pay. He thinks outside the box to find additional or hidden opportunities for favorable results.

We’ll Come To You

After being injured in a serious accident, you need to focus on getting better. Serious accidents can be hard on an individual, physically and emotionally. The Marc Brown Law Firm is dedicated to fight for you while you recover. If you are unable to travel to our office for any reason, we will personally visit you! Just give us a call to talk whenever you may be in need of assistance. We’re here to help.

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At the Marc Brown Law Firm, we choose to put our clients first. Our clients are more than just a case number. We think of each of our clients as extended members of the family. We make sure to inform our clients of all their legal options and provide timely updates throughout the life their case.

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We are available around the clock for our clients. If at any point we are unavailable, we promise to promptly respond to all messages within hours.


We work hard so that our clients receive the justice they deserve! When necessary, Attorney Marc Brown retains investigators, engineers, and other experts to help prove your case. Insurance companies are big, but Marc is experienced and resourceful. We fight for each of our clients so that you can receive the maximum compensation available to you.

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We work on a contingency fee basis, which means there are no upfront cost to clients. You only pay lawyer fees when we win your case. This also means that your attorney is only paid a percentage of what is recovered for you. The Marc Brown Law Firm has a vested interest in ensuring that each of our clients receive the maximum recovery available to them. We are determined to fight tirelessly to recover for you.

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