Atlanta Assisted Living Negligence Lawyers
Almost nothing is worse than trusting someone else with the care of your loved one, only to discover that your family member has been mistreated. Far too many assisted living facilities in Georgia promise the world when they’re “selling” their facility: glossy brochures and smiling salespeople promising extraordinary levels of care that will be ideal for the potential resident. But when the resident is later catastrophically injured by a fall, or an infected bedsore, those same salespeople will show up in court and say, “It’s not our fault. This patient wasn’t appropriate for our facility, we don’t provide that level of care.”
Are assisted living facility staff really just glorified babysitters?
An attorney defending a personal care home our firm sued in Macon, Georgia, recently stated during a deposition, “Why are you suing us, we’re really just glorified babysitters. That’s all.”
The problem for these facilities, of course, is that the Georgia Department of Community Health issues mandatory regulations that require more than glorified babysitting. And these facilities promise during the sales process care they know they can’t, or just won’t, provide. Yet these fraudulent and unscrupulous businesses continue to operate, continue to provide lousy care, and continue to avoid taking any responsibility — all while gladly collecting exorbitant monthly fees. Their conduct is truly reprehensible.
Like all medical negligence cases, those involving assisted living facility negligence are highly complex in nature and replete with opportunities for negligent parties to avoid taking responsibility. We diligently discover the important facts, retain world-class expert witnesses and methodically prepare nursing home/assisted living facility cases for trial in a way that maximizes the opportunity for a verdict that provides justice for our client.
What is the statute of limitation for assisted living negligence?
Generally, the statute of limitation for assisted living negligence in Georgia is two years from the date of the negligent care. However, certain circumstances can extend the statute of limitation (for example, when a provider conceals negligent care that’s later discovered). Other scenarios can involve shorter time periods within which a case must be pursued (for example, when the negligent provider is employed by a government entity, which can trigger claim notification deadlines as short as six months from the date of the negligent care). Further, some specific types of malpractice, such as when a foreign object is left inside a patient after a surgery, have unique statutes of limitation (for foreign objects, it’s one year from the date the object is discovered).
And to make matters more confusing, assisted living negligence cases are also subject to a five-year statute of repose. This is intended to be a “final deadline,” beyond which a malpractice claim cannot be filed for any reason. But it doesn’t always work that way; their are some exceptions.
So, the best answer: it depends. And our best guidance: don’t try to determine the statute of limitation on your own; contact us and we’ll be more than happy to collect and analyze the facts needed to provide you with the correct answer.
Read what two assisted living negligence clients have to say.
“My mother fell and broke her neck in an assisted living facility. She sat in a chair crying for three days before the staff finally called me. We called an ambulance and met her at the hospital, where she died. When we sued the facility they acted like they’d done nothing wrong. They had no shame. I’m glad we had Davis Adams with us.”
R.G. of Roswell, Georgia
“I needed to put my mother in a personal care home after my father died. We visited [redacted] in Macon, Georgia. They promised us they were the right place for my mother. But after she developed a stage four bedsore that became infected and killed her, their lawyer told us they were just glorified babysitters. The entire sales pitch was a lie. It was just a money grab. During our lawsuit the facility bragged that they’d never lost a lawsuit. Well, they have now.”
E.G. of Byron, Georgia
Our medical malpractice lawyers are assisted living negligence experts.
Tens of millions of dollars in verdicts and settlements validate our commitment to doing medical malpractice litigation—and doing it better than any other law firm. We are immersed in assisted living negligence litigation every day, quickly spotting trends as they develop, pioneering new legal strategies and tactics to combat the ever-changing insurance defense industry, and constantly discussing our clients’ cases with leading medical experts around the country. We are always honing our skills as assisted living negligence attorneys. Nobody does it better.
Our reputation for handling assisted living negligence cases adds value to your case.
Assisted living facility defense lawyers know us. Insurance claims adjusters know us. In fact, most all of the major players in the insurance defense industry in Georgia know who we are, and what we’re capable of doing in a courtroom. They know about our results, because they have seen us in action. And they know that when we pursue a case, we will never settle for anything less than fair treatment for our client in the form of full financial compensation. Choosing Davis Adams means leveraging our years of experience, and our reputation for excellence, to help maximize your recovery in an assisting living negligence case.
Having an experienced assisted living negligence lawyer matters.
Jess Davis and Chad Adams cut their teeth handling the most complex, high-stakes medical malpractice cases, typically regarded as among the most complicated of all personal injury matters. Racking up successful results for their clients in cases other medical malpractice lawyers were turning down, they quickly became the “go-to” assisted living negligence attorneys to whom other Georgia lawyers refer tough cases.
How does this tangibly help our clients? We have the unique ability to quickly read and digest volumes of medical records, to pick up the telephone and speak confidently to our clients’ treating physicians about their diagnoses and prognoses, and to instantly reach the top medical experts in almost any field at the best hospitals and universities in the world to consult on our clients’ cases. This rare expertise is a game changer for our clients, and sets us apart from other injury firms who merely dabble in assisted living negligence cases in between handling car accidents.
We can handle your assisted living negligence case wherever you live.
Davis Adams is headquartered in metro Atlanta, but our reach is statewide. We routinely represent assisted living negligence victims in all parts of Georgia, including Macon, Savannah, Columbus, and Albany. Indeed, our geographic reach is evidenced by the fact that our firm’s largest settlement ($17,000,000) came in Fulton County, while our largest verdict ($10,000,000) came in rural Jefferson County. So, wherever you reside in Georgia, selecting the best assisted living negligence lawyer is more important than hiring the closest lawyer. As a client, you have just one opportunity to obtain justice, and we are always honored when that chance it entrusted to us, wherever you happen to be located.
How much is my assisted living negligence case worth?
Most people who contact our firm do so reluctantly. They aren’t excited about the possibility of having to sue an assisted living facility and its staff for malpractice, and they understand that money won’t solve all of their problems—and certainly can’t heal their injury. But financial compensation is the only remedy available through the civil justice system; it’s the only form of justice the law allows under these circumstances. We can only provide our clients with guidance as to the fair value of their cases after the case has been fully investigated. The factors we will consider include:
Economic damages, including:
- past medical bills;
- future/projected medical expenses, including life-care plans;
- past lost income; and
- future lost income.
Non-economic damages, including:
- physical pain and suffering;
- mental or emotional pain and suffering;
- loss of consortium (companionship); and
- the full value of a life (in wrongful death cases).
Often assisted living facility cases are settled at mediation, which allows our clients to avoid the risk and emotional toll associated with trial, and to end their case with certainty. Other times, mediation is unsuccessful, and we proceed to trial and ask a jury to determine our client’s compensation. A significant percentage of our $75 million in recovered funds for our clients is the result of trial verdicts, meaning that the attorneys hired to defend negligent parties know we are fully prepared to meet them in a courtroom if the case cannot otherwise be resolved to our clients’ satisfaction.
Fewer cases, more personal attention, better results.
Davis Adams declines to accept the vast majority of cases presented to our firm. The fit has to be just right: the right client with the right type of case, where we feel like our firm can have the maximum positive impact. And while it may seem counterintuitive to turn down revenue-generating business, we are committed to doing outstanding, hands-on work for a limited number of catastrophically injured clients instead of employing a team of less experienced associate attorneys to churn through a high-volume workload. We simply refuse to become one of those law firms at which the experienced trial lawyers only get involved in the later stages of the case, if at all. From day one, our clients have the collective time, attention, energy, and experience of the seasoned medical malpractice attorneys who will be handling their case at trial, which translates to better representation, and better financial recoveries.
Other lawyers often ask, “Wouldn’t it just be easier to hire some young associate attorneys to handle the unimportant parts of your cases?” That question represents a fundamental misunderstanding of how medical malpractice cases are won or lost, and emphasizes the importance of hiring an experienced medical negligence attorney. There are no unimportant tasks in the cases we handle; victory is always in the details and is never achieved at the maximum level without bringing to bear the full weight of our firm’s substantial experience, dogged determination and blatant refusal to settle for less than our clients deserve.
We do not accept any payment for our work on your assisted living negligence case unless you win.
Davis Adams only represents assisted living negligence victims on a contingency basis, which means that if we do not recover money for our clients, we refuse to accept payment for our services, or even reimbursement for the money we’ve spent. Additionally, our contingency fee, while reflective of our firm’s quality and success, is nonetheless lower than the fee charged by some firms. We believe, and have proven, that building a financially successful law firm and keeping our fees and expenses to a minimum are not mutually exclusive concepts.