Common Defenses in Birmingham Nursing Home Abuse Cases

There are defenses to Birmingham nursing home abuse claims which may limit or even deny your recovery of damages. The first is the statute of limitations, which bars recovery to plaintiffs who do not file suit within the time limit set by law. Other common defenses include lack of causation and contributory negligence. These and other defenses are briefly discussed below.

• Lack of Causation:  In order to prove causation in nursing home abuse cases, you must demonstrate that the defendant’s conduct was the cause of your injuries. To satisfy this requirement, you must demonstrate that there is a connection between the defendant’s conduct and the injury ,such that the injury would not have occurred without the defendant’s actions. The continuous causal connection between the fault and the injury is the most important element necessary to prove causation in a Birmingham nursing home abuse suit. This means that if it were not for the defendant’s act, the injuries would not have occurred. If there is no causal connection, the defendant will not be held responsible for your injuries.

• Contributory Negligence:  In some instances, you ma accused of contributory negligence in causing your own injuries. In Alabama, if you were in any way at fault for causing your own injuries, then you are not able to recover any damages. Contact the experienced Birmingham nursing home abuse attorneys at The Walker Law Firm to discuss whether contributory negligence bars your personal injury claim.

• Assumption of a Known Risk: If you engage in inherently risky or dangerous activities and suffer injury as a result, you may be deemed to have “assumed the risk” of injury associated with that activity. For legal purposes, assumption of risk may be either express – per written or oral agreement – or implied.

• Open and Obvious Danger:  Another defense that is similar to assumption of risk arises when you engage in an activity that poses an open and obvious danger. Whereas assumption of risk focuses on an array of dangers that are inherently possible, open and obvious conditions deal with one’s knowledge of a specific known threat.
  

An experienced Birmingham nursing home abuse lawyer can evaluate your case and anticipate all possible defenses that may be raised by the other side's attorney. Call 1-877-925-5373 today for a free initial consultation.

The Walker Law Firm is committed to upholding the quality of care in our long-term care institutions by taking swift legal action to compensate Birmingham nursing home residents and their families for injuries resulting from neglect or inadequate care. Only this way will the quality of care for all Birmingham nursing home residents be assured. If you feel that you or a loved one has been victimized by abuse or neglect while in the care of a senior citizen facility, call the Birmingham nursing home lawyers at Walker Law Firm now at  (877) 925-5373 or fill out our FREE CASE EVALUATION FORM. The initial consultation with a Birmingham nursing home injury attorney is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means our Birmingham nursing home attorneys get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensate for your injuries, but a Birmingham nursing home abuse lawsuit must be filed before the statute of limitations expires.