Kaufman & Stigger, PLLC and our Louisville personal injury lawyers can help you or a loved one that’s hurt because of negligence in a rehabilitation facility. Recovery from drug use is hard enough on its own without worrying about negligence from a staff member or the facility itself. Yet, this is something that happens more often than you probably think. Our team can help you and your loved one explore options for moving forward. Set up a free consultation today.
Should I Get a Lawyer?
If you’re facing an injury at a rehab facility in Louisville—whether it happens to you or it happens to your loved one—there’s a lot of different questions. What happened? Who’s responsible? What can I do now? All of these questions are common and can be answered by our team. We can:
- Investigate what happened and why
- Explain your options in plain, understandable terms
- Help gather records, statements, and other evidence
- Handle negotiations with the facility or its insurance company
- Allow you to focus on your loved one’s recovery instead of paperwork and legal stress
Not all injuries take legal action or need a lawyer. Minor injuries that are taken care of right away aren’t usually a reason to go into the claims process. But if the injury is serious, repeated, or unexplained, that is a marker that our team can really help you. Usually, that all stems from the information you can get right after the accident happens.
What Information Can Help My Potential Claim?
Think of building your case like putting together a puzzle. Every piece of information helps complete the picture of what happened. Collecting details early makes a difference. Here’s what can really help a potential claim.
- Pictures or videos of injuries and possible causes. Bruises fade, swelling goes down, and marks disappear. Document injuries when they happen, and continue tracking changes over time. If the injury was caused by an unsafe condition—like a wet floor, broken handrail, or poorly lit hallway—document that too.
- Medical records. Records from the rehab facility and any outside treatment provide a timeline and show how injuries were treated. They can highlight delays or lapses in care.
- Incident reports and written notes. Staff should make incident reports or logs that detail what happened. Keep copies of these, along with discharge summaries.
- Direct statements from your loved one. If your loved one is able to describe what happened, write it down in their own words. Details are clearer when captured soon after the event.
- Witness information. Other patients, visitors, or staff may have noticed unsafe conditions or the incident itself. Even basic information like names and times can be crucial.
You don’t have to collect everything perfectly. Some documents, like internal surveillance footage or staffing schedules, are difficult for families to get. That’s part of why legal help is so valuable—our team knows how to get and keep this information.
What Kinds of Negligence Lead to Injuries in a Drug Rehab Facility?
By design, a rehab facility is pretty tightly controlled. But like any other kind of care facility, there’s always gaps. These gaps often lead to accidents and injuries, mostly through negligence. That sounds a lot more complicated than it is when you look at the different ways your loved one could be injured:
- Lack of supervision. Patients need oversight, especially at night or during staff transitions. Leaving someone alone for long periods can be dangerous.
- Short-staffing. When there aren’t enough trained staff on duty, warning signs get missed and response times slow.
- Medication mistakes. Missed doses, incorrect amounts, or medication administered without proper monitoring can create serious health problems.
- Inadequate training. Staff who aren’t prepared to handle medical emergencies, mental health crises, or conflicts between patients increase risk. High turnover can make this worse.
- Unsafe building conditions. Slippery floors, broken handrails, cluttered areas, or poor lighting all increase the likelihood of falls or other accidents.
As you can see, a lot can go wrong even in a rehab facility. The harsh truth is that it’s like any other hospital or nursing home. Risks lurk constantly, and are almost guaranteed when negligence is factored in. And while the facility is going to explain it away by saying “we can’t catch every mistake,” the reality is that they have an overriding duty to do so. When they don’t, and your loved one gets hurt, it brings in legal options.
How Do I Get Damages After an Injury in a Drug Rehab Facility?
No matter what kind of accident or injury happens in a rehab facility, negligence means one thing: the ability to file an injury claim. But how exactly does it work? It depends on the circumstances, but generally, it’s like any other injury claim:
- Insurance claim. This is usually the first step. The facility’s insurance company may cover the economic losses that come up because of the injury. Insurance claims can resolve matters without going to court, but the facility and their insurance carriers are only going to be worried about paying out as little as possible—if at all.
- Personal injury lawsuit. If an insurance claim stalls out, the next step comes into focus: filing a lawsuit. This is a much more formal, intense process, but it lets the facts come out in open court and puts pressure on the facility to take responsibility.
One way or the other, the goal of a claim is to get “damages.” This usually includes costs for things like:
- Medical care and ongoing treatment
- Lost wages or reduced earning capacity
- Physical pain and suffering
- Emotional distress
- Loss of independence or reduced quality of life
- Wrongful death costs if the injury is fatal
Every situation is different and depends on what actually happened, how strong the evidence is, and how well it’s presented. Then there’s the issue of timing. You only have one year from the date of the injury to file a claim, so it’s vital to move fast. And that can be hard to do in these types of situations—especially when it comes to figuring out who exactly pays for your damages.
Who Has to Pay For My Damages After an Injury in a Drug Rehab Facility?
There’s a good reason why figuring out who’s responsible for negligence in a rehab facility injury is so difficult: the number of moving parts. There’s not just nurses and doctors around. There’s security guards, janitors, maintenance staff, food staff, and even other patients. Basically, there’s a lot of people around.
Ultimately, though, responsibility for negligence falls on the facility itself—specifically the management. They have the overriding responsibility when your loved one is hurt, but again, others might be involved depending on what happened:
- The company that owns or operates the facility
- Individual staff members
- Medical providers or contractors
- Maintenance or security personnel
- Medication or equipment makers
It’s hard to try to figure all of this out on your own—but it’s a vital step in the process of holding the rehab facility accountable and moving on with your treatment (or your loved one’s ability to recover.)
Frequently Asked Questions
What if I don’t know exactly how the injury happened?
That’s common. Rehab facilities have many moving parts, and patients—rehab in particular—aren’t always able to recall details. Our lawyers can investigate, review records, and identify who was responsible.
Will filing a claim affect ongoing treatment?
Not necessarily. Many claims are handled through insurance quietly. The goal is accountability and recovery. If your loved one experiences retaliation, that could be grounds for a different claim.
What if the facility says the injury was unavoidable?
Facilities often claim that injuries are part of recovery. But many are preventable. Lack of supervision, medication errors, or unsafe conditions are not “unavoidable” and can support a legal claim.
Talk to Our Louisville Drug Rehab Facility Injury Lawyers
When your loved one is going through drug rehab, their everyday struggles are always at the front of your mind. But when they’re injured in an accident that results from the facility’s negligence, it adds a whole new layer of stress and uncertainty to things.
At Kaufman & Stigger, PLLC, our Louisville drug rehab facility injury lawyers can guide you through the process, explain your options, and help you move forward. From gathering evidence to filing claims, we stand by your side so you can focus on what really matters: recovery. Schedule a free consultation today to talk through your next steps.
