Sue the home health care agency

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Sue the home health care agency

I had a aid that came to my mother house. My mom
needs help in transferring. The aid let her fall on
Friday and then again on Sunday. She only reported
one of the falls to the agency. The agency didn’t
think much about it. I had to call and tell them what
happen.

Asked on May 18, 2017 under Personal Injury, Connecticut

Answers:

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

Answered 3 years ago | Contributor

The agency is liable for the negligence of its employee which occurred during the course and scope of employment.
Prior to filing a lawsuit for negligence against the agency, it may be possible to settle the case with the agency's insurance carrier.
Notify the agency's insurance carrier in writing of your mother's personal injury claim.
When your mother completes her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary, which means  having reached a point in her treatment where no further improvement is anticipated, obtain her medical bills and medical reports. Those items should be included in the personal injury claim filed with the agency's insurance carrier.
Compensation for the medical bills is straight reimbursement.  The medical reports document your mother's injuries and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.
If the case is settled with the agency's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the agency's insurance carrier, reject them and file a lawsuit for negligence against the agency.
If the case is NOT settled, your mother's lawsuit for negligence against the agency must be filed with the court prior to the expiration of the applicable statute of limitations or she will lose her rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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