Fort Myers Unexplained Injuries Attorney
Negligence usually causes unexplained nursing home injuries. Especially in the post-coronavirus era, many friends and family members have limited contact with nursing home residents. Infectious diseases like COVID-19 spread so quickly, and are so dangerous, that these facilities often take all necessary precautions, including restricting visits, to stop these infections from spreading.
These periodic lockdowns, which are necessary, often have some unintended consequences. Unexplained injuries, which are often related to nursing home abuse or neglect, are one example. If the physical or mental condition of a friend or loved one drastically and quickly changes, share your concern with the nursing home administrator. If the nursing home fails to do the right thing and investigate the matter, consider taking the next step.
This next step is a partnership with a Fort Myers unexplained injury attorney from Kohn Law. We do not accept answers like “we don’t know what caused it,” as this response is very similar to “we don’t care what caused it.” Instead, we thoroughly investigate the matter, and once the dispute goes to court, we never stop fighting for you.
Burden of Proof in a Negligence Claim
Unexplained mental or physical injuries don’t just happen. Negligence, or a lack of care, usually causes such injuries. The burden of proof in a negligence case is only a preponderance of the evidence (more likely than not). That’s one of the lowest burdens of proof in Florida law.
In contrast, the burden of proof in a criminal case is beyond a reasonable doubt. That’s one of the highest burdens of proof in Florida law. So, lack of evidence is often an issue in criminal court. But lack of evidence is almost never a problem in civil claims, especially nursing home injury claims.
Imagine two stacks of paper are side by side. Both stacks of paper have the same number of sheets. If someone adds a single piece of paper to the stack on the left, it’s taller than the stack on the right. That’s a picture of a preponderance of the evidence. A little proof goes a long way.
Witness statements and medical records are the most common pieces of evidence in nursing home injury claims. Electronic evidence, like video camera footage, may be admissible as well.
Certain legal doctrines, such as res ipsa loquitur (the thing speaks for itself), often come into play as well. Res ipsa loquitur often applies in fall injury claims. Usually, if the defendant had exclusive control over an area and negligence usually causes that kind of injury, jurors may presume that the owner was negligent.
If Bill falls down the stairs, it could be because someone pushed him. Much more likely, however, he missed a step because the lights were low.
Resolving a Negligence Claim
Only a few injury claims go to trial. Usually, a Fort Myers unexplained injury attorney can settle such claims out of court. Sometimes, the two sides can work out the terms on their own. Much more often, however, injury claims settle at mediation.
During informal negotiations, insurance companies usually delay the process as long as possible. They make take-it-or-leave-it offers and otherwise refuse to negotiate openly. Mediation is a court-supervised negotiation session. Both sides have a duty to negotiate in good faith. They must be committed to settling the case, and they must be willing to make some compromises.
Largely because of this additional court supervision element, mediation often succeeds even if informal settlement negotiations have stalled or broken down entirely.
Reach Out to a Diligent Lee County Lawyer
Injury victims are usually entitled to substantial compensation. For a free consultation with an experienced Fort Myers unexplained injury attorney, contact Kohn Law. Attorneys can connect victims with doctors, even if they have no insurance or money.
