Caregivers, Need-to-Know Tips for Personal Injury Claims

Guest article by Attorney, Chris Clifford

Caregiving is a full-time job. Supporting a loved one through the ups and downs of daily life requires patience. While anticipating potential dangers; it is impossible to mitigate all the risks. If the person you are caring for slips and falls while running errands or taking a walk, it is common to blame yourself for not protecting them. Today, this could open a case for premises liability, personal injury, or a cause far beyond your scope of care.

Understanding Liability in Slip-and-Fall Cases

If someone slips and falls on property other than their own, it can be considered premises liability.

Premises liability holds a property owner accountable if someone is injured due to unsafe conditions or negligence. Poor lighting, wet floors, or icy conditions are potential causes for premises liability. Ultimately, it is the responsibility of the property owner to proactively mitigate risks, in the same way you do as a caregiver.

If a slip and fall happens on public or private property, two key factors in determining liability are negligence and comparative fault.

Negligence

A negligence claim is most common for slip-and-fall cases, where the property owner’s negligence, or lack of duty of care, led to someone getting injured. These include—

• uneven flooring.
• failure to salt or de-ice exterior surfaces.
• lack of lighting.

Comparative Fault

Another factor for determining liability in slip-and-fall cases is comparative fault. That’s if the person injured is partially at fault for the accident. This can be the case if the injured individual was—

• reckless.
• careless.
• under the influence.

The Caregiver’s Role in Documenting the Injury

Whether or not you were present during the slip and fall incident, you must gather information and relevant documentation following the accident. This is especially important if your loved one is looking at a prolonged recovery or lives with a memory-related condition.

• Medical Records: If the injuries are severe, keep records of any medical appointments, X-rays, diagnoses, and prescribed medications.
• Incident Reports: Keep a copy of the incident report, whether from the location where the incident happened or of your own record keeping.
• Photographic Evidence: Take pictures of the scene, including what may have caused the fall and general conditions.
• Witness Statements: Collect contact information from anyone who witnessed the fall.

Navigating Insurance and Legal Processes

In some cases, you may be able to go through insurance companies for compensation after a slip and fall injury. However, be cautious: insurance companies may not always have your or your loved one’s best interests in mind. It’s best to seek legal advice before a recorded statement to know your loved one’s rights.

Consulting a personal injury lawyer means getting access to more information related to premises liability, including potential compensation available. While you focus on the recovery of your loved one, a lawyer can advocate for you and your care recipient with property owners or insurance companies.

It is also important to note there is a statute of limitations, or amount of time you have to file a claim, after a slip and fall injury. You already deal with a lot as a caregiver, so having trusted counsel to help you through the jargon and paperwork can be invaluable.

Protecting Yourself from Liability as a Caregiver

Being a caregiver comes with numerous roles and responsibilities. While it is uncommon for premises liability cases to reflect on caregivers, it’s critical to uphold a standard of care that is aligned with the needs of your loved one. Here are a few tips to minimize risk and ensure a high standard of care:

• Maintain a Safe Environment: If the care recipient lives in a nursing home, alert the staff if there are any hazards that you are unable to deal with.
• Don’t Exceed Expertise: Don’t make legal or medical guesses. Always seek a doctor for treatment options and an attorney’s advice for liability coverage or legal claims.
• Document Everything: Keep all medical records, incident reports, and communication with lawyers or medical experts.

Key Takeaways

A caregiver’s duty is valuable; caring for someone and ensuring their well-being is an act of incredible selflessness. When a slip-and-fall occurs, a caregiver’s role expands to include filing a claim, seeking medical advice, and navigating the insurance process. By understanding premises liability, a caregiver who documents evidence, ensures fair compensation for the care recipient. When facing a complex injury claim, a personal injury attorney can ensure justice and peace of mind.

Chris Clifford, Founding Partner at Bergeron Clifford, is a Queen’s Law graduate with decades of experience in personal injury law. He has taught at Queen’s and St. Lawrence College, lectured extensively on civil litigation, and appeared before numerous courts and tribunals. Chris actively supports legal and injury advocacy organizations.