Will my case go to court?
Most assisted living facility claims are resolved through negotiated settlements before trial. However, Hughey Law Firm prepares every case as though it will go to trial, which produces better outcomes at every stage. If a fair resolution cannot be reached, we will take your case to trial.
How long do I have to file an assisted living facility claim in South Carolina?
In most cases, the statute of limitations for assisted living facility negligence claims is three years from the date of injury or discovery. Wrongful death claims arising from assisted living neglect have a three-year limitations period from the date of death. Contact an attorney promptly to ensure all applicable deadlines are identified.
Can I file a claim on behalf of a loved one who cannot do so themselves?
Yes. If you have power of attorney for a loved one who was harmed, you can pursue a claim on their behalf. If a loved one died due to neglect in an assisted living facility, the personal representative of the estate may bring a wrongful death claim under South Carolina law.
Why does assisted living neglect happen?
The most common causes are chronic understaffing, inadequate staff training, high employee turnover, and management-level cost-cutting that reduces the quality of care below required standards. Regardless of the cause, the facility is legally responsible for any harm caused to residents by its staff’s failures.
Should I speak with a facility representative if my loved one is injured?
No, not before consulting an attorney. Representatives and insurers often contact families quickly after an incident. They may attempt to gather statements that reduce the facility’s liability or offer early settlements that do not reflect the claim’s full value. Contact Hughey Law Firm before communicating with any facility representative or insurance adjuster.
Can an Assisted Living Facility Be Held Liable If a Resident Falls?
Yes. Assisted living facilities in South Carolina must assess residents for fall risk, implement prevention protocols, and maintain safe premises. If a facility fails to do so and a resident is injured in a fall, the facility is liable for the resulting harm.
How is an assisted living facility different from a nursing home under South Carolina law?
Assisted living facilities are licensed as community residential care facilities under the South Carolina Code of Regulations, 61-84. They serve residents who maintain a degree of independence and do not require the level of skilled nursing care provided in licensed nursing homes. While the regulatory frameworks differ, both types of facilities owe residents a duty […]
What are the most common signs of neglect in South Carolina assisted living facilities?
The most consistent signs of assisted living neglect are unexplained weight loss, poor hygiene, pressure ulcers, dehydration, behavioral changes (including withdrawal or fearfulness), and unexplained injuries. Any injury that the facility cannot adequately explain warrants immediate attention and documentation.