Fort Myers Bed Sores Attorney
Anyone, young or old, could develop a bedsore. Turning over in bed every two hours is the only way to prevent pressure ulcers. For most people, changing positions while sleeping comes naturally. In other cases, such activity is impossible. That’s especially true at places like hospitals and nursing homes. Many people at such places are so heavily medicated they’re essentially unconscious. Others are simply too weak to turn over. These individuals depend entirely on facility employees to turn them over in bed. Unfortunately, many employees drop the ball in this area. Some professionals cannot spot early stage bed sores, especially at night. Others simply don’t want to put forth the effort necessary to reposition a patient in bed. As a result, pressure ulcers that start as simply uncomfortable quickly become life-threatening open sores.
The hard-working Fort Myers bed sore attorneys at Kohn Law know what it takes to obtain maximum compensation in these injury claims. We begin every case with a conversation, so we understand your needs and goals in that situation. After we develop a plan of action, we faithfully execute that plan. Because such a strong foundation is in place, we are well-positioned to obtain maximum compensation when your claim goes to court.
Starting a Negligence Claim
Evidence collection might be the most important component of the aforementioned plan. The victim/plaintiff has the burden of production, and the burden of persuasion, in a negligence case. Victims must prove all parts of a negligence case, and this proof must be strong enough to withstand various insurance company defenses.
Medical bills, facility employment records, and eyewitness testimony are usually the three most important kinds of evidence in a bed sore injury claim.
Medical records clearly show the extent of the injury, efforts doctors made to correct that injury, the victim’s prognosis for the future, and the cost of all these procedures. Additionally, medical records usually include treatment notes which indicate the victim’s pain level at various times.
Frequently, bed sores develop because employees didn’t make regular patient rounds. That’s especially common during low census periods, like holidays and weekends. If such records indicate that only a skeleton crew was present when the bed sore appeared, jurors may infer that the facility’s owner was negligent.
Eyewitness testimony gives this documentary evidence a necessary human touch. Reading about an injury is one thing. Hearing someone describe the injury, or better yet, seeing a picture of it, is another thing.
Resolving a Negligence Claim
Most injury claims settle out of court. Victim/plaintiffs benefit from such resolutions. Settlements avoid the inherent risks of a trial. Furthermore, they end cases sooner, so victims receive their compensation sooner.
This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Usually, settlement negotiations begin almost immediately. If these talks stall or break down, most Lee County judges refer such matters to mediation.
After s/he reviews the evidence in the case and hears brief opening arguments from each side, a mediator, who is usually an unaffiliated Fort Myers bed sore attorney, works with both sides and tried to engineer a settlement agreement. These highly-trained professionals know how to bring two sides together on a compromise. As a result, mediation usually succeeds, even if informal settlement negotiations have failed.
Reach Out to an Energetic Lee County Lawyer
Injury victims are usually entitled to substantial compensation. For a free consultation with an experienced bed sore attorney in Fort Myers, contact Kohn Law. Attorneys can connect victims with doctors, even if they have no insurance or money.
