Premises Liability · Wilmington, NC
A nursing-home fall lawyer who reads the care plan before the lawsuit is filed.
Most facility falls are not random. They are predicted by a fall-risk assessment the staff was supposed to act on. I have worked nursing-home matters in North Carolina for over 36 years, including cases resolved confidentially against long-term-care providers. The consultation is free. No fee unless I win your case.
What this case depends on
Two documents decide most nursing-home fall cases.
The chart and the evidence trail. Both have a shelf life.
The care-plan deviation
Every resident gets a fall-risk assessment on admission, often the Morse Fall Scale, and a care plan keyed to the score. The plan specifies the interventions: bed and chair alarms, hourly rounding, two-person transfer, a low bed. The case turns on what the plan required and what staff actually did on the shift. The chart will say.
The surveillance and records race
Hallway camera footage, the call-light response log, the medication administration record, the staffing schedule, and any prior incident reports degrade quickly. Hallway video often overwrites within 30 days. A preservation letter sent the same week of intake locks them down. Wait six months and a real piece of the case is gone.
Nursing-home falls sit inside the broader premises-liability practice, alongside slip-and-fall, Airbnb and vacation rental, deck collapse, and broken stairs. Each runs on the same NC rule framework. See all premises-liability sub-types.
How I work nursing-home fall cases
A fall the facility planned for is not a fall the facility can blame on the resident.
Nursing-home falls are hard under North Carolina law for the same reason all premises cases are hard. The state still uses contributory negligence, and the facility will argue the resident was non-compliant or unsteady on the day of the fall. What the facility cannot dodge is its own paperwork. The federal CMS and OBRA nursing-home regulations require a documented fall-risk assessment and a care plan keyed to it.
North Carolina premises duty layers on top. When the chart shows the resident was scored high-risk and the planned intervention was not done, the case has a spine.
I work these matters personally. The preservation letter goes out the same week of intake for hallway camera footage, the call-light log, the staffing schedule, the medication administration record, and prior incident reports. I request the full chart and the assessment score, interview the roommate and family while memory is fresh, and bring in a long-term-care nursing expert early. Many nursing-home cases resolve on confidential terms, which is part of the long-term-care industry. The family knows the result. The docket does not. If the fall ended in death, the family is in a different lawsuit: a wrongful death case has a two-year statute of limitations from the date of death, one year shorter than the premises window, which is why the first call matters.
The consultation is free. No fee unless I win your case. If I read the chart and decide the case cannot be defended under NC's rules, I will tell you that honestly. Nursing-home work fits inside the broader premises-liability practice, and I take it on personally, with no associate handoffs because there are no associates.
— Robert L Armstrong
Related under Premises Liability
Other premises sub-types I handle.
Many nursing-home falls share doctrine with the broader premises practice. The notice rule, the open-and-obvious doctrine, and the hip-fracture injury path show up across these pages.
Premises Liability sub-typesIn their words
What clients have said after their case was over.
“I am so thankful to have been represented by Robert L. Armstrong! He is a fantastic listener who really cares. It was so relieving to have him take over all of the chaos of my car accident. He validated me, took control of the situation and brought some peace back into my days.”
“Robert is knowledgeable, professional and friendly to clients. He is tenacious, hard-driving and persistent when dealing with insurance companies. I could not recommend him and his office any more strongly. Go with Robert.”
“Robert Armstrong is not only a great attorney, he has become a good friend. You can call any time and there is always a pleasant greeting as if he has been expecting your call. His determination is relentless and his knowledge of the law is totally remarkable. I feel completely secure with Robert Armstrong handling my affairs, and so will you.”
Common questions
About nursing-home fall cases.
These are the questions that come up most when families call about a fall at a long-term-care facility. Answered the way I would answer them on the phone. For more, see the nursing-home fall lawsuit guide or the broader premises-liability resources hub.
Frequently asked questions
What makes a nursing-home fall a lawsuit and not just an accident?
Every long-term-care resident gets a fall-risk assessment on admission, often the Morse Fall Scale, and a care plan keyed to that score. The plan tells staff what is required for that resident: bed and chair alarms, a low bed, hourly rounding, a two-person transfer, a wheelchair brake check. The case turns on what the plan said and what staff actually did on the shift the fall happened. When the chart shows the resident was scored high-risk and the staff skipped the planned intervention, that is a care-plan deviation, not bad luck. That is the lawsuit.
What records and evidence matter most after a nursing-home fall?
The full chart, the medication administration record, the call-light response log, the staffing schedule for the shift, the hallway camera footage, the incident report, and any prior incident reports for the same resident. Hallway camera footage in many facilities overwrites in 30 days or less. Staffing logs and shift assignments can be hard to reconstruct after the fact. A preservation letter sent the same week of intake locks the records in place. Wait six months and a real piece of the case is gone.
What if the nursing home says my parent was non-compliant or unsteady?
North Carolina contributory negligence does not disappear just because the resident is elderly. The facility will argue the resident tried to stand on their own, ignored the alarm, or pulled the line out. The answer lives in the care plan. If the facility knew the resident was a fall risk and planned for that risk, the facility cannot then turn around and blame the resident for being a fall risk. The chart, the assessment score, and the planned interventions are the documents that decide it.
What if my parent died from the fall? Is that a separate case?
Often, yes. Hip fractures, head strikes, and the cascade that follows a serious fall lead to death more often than families realize. North Carolina wrongful-death claims have a two-year statute of limitations from the date of death, which is one year shorter than the three-year premises window. The case is brought by the estate. I handle nursing-home matters that lead to a fatal outcome through my wrongful-death practice, and I tell families up front when the two-year clock applies.
How long do I have to file, and why are some settlements confidential?
Three years from the date of injury for the premises claim. Two years from the date of death for wrongful death. Many nursing-home matters resolve on confidential terms. That is the long-term-care industry, not the law. The family knows the result. The public docket does not. I have handled nursing-home matters in North Carolina that were resolved on a confidential basis, and I can tell you what the realistic range looks like once I have read the chart. The consultation is free. No fee unless I win your case.
If another firm told you the fall was just an accident, let me read the chart.
Tell me what the facility has said since the fall, and what was in the care plan if you have a copy. I will tell you honestly whether the case can be defended under NC's rules. The consultation is free, and the call goes directly to me or my legal assistant — not a call center.
Contingency-fee representation. Free consultation.