Can you sue a group home for an injury that occurred at their home and under their care?

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Can you sue a group home for an injury that occurred at their home and under their care?

My brother was in a group home this weekend, and according to the caretaker, he said my brother opened a door and jammed his toe, however, from the looks of the toe, it doesn’t look like it. Also, he is a person that requires 24 hour supervision and this was made and told in the contract with the group home and they said their will be someone to supervise him 24 hrs. Obviously this did not happen. My brother had to be put under and get surgery on the toe to remove the toe nail. Please help.

Asked on August 9, 2011 Wisconsin

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

When your brother completes his medical treatment and is released by the doctor, obtain your brother's medical bills and medical reports.  It may be possible to settle the case with the insurance carrier for the group home.  Your brother's personal injury claim consists of the medical bills and medical reports.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of the injury and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  If you are dissatisfied with settlement offers from the insurance carrier, a lawsuit for negligence against the group home could be filed on behalf of your brother.  If your brother is incompetent, you could be appointed guardian ad litem to file a lawsuit on his behalf.  If the case is settled, no lawsuit is filed.  If the case is NOT settled, the lawsuit for negligence against the group home will need to be filed prior to the expiration of the applicable statute of limitations or your brother will lose his rights forever in the matter.


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