How Slip and Fall Accidents in Florida Nursing Homes Are Handled

You got the call. Your mother, father, or spouse has fallen in their nursing home. Now, you’re left wondering what went wrong and what to do next. The truth is, slip and fall accidents in Florida nursing homes are not just common. They’re a signal that something might not be right with the care your loved one is receiving. These accidents can lead to broken bones, surgeries, hospital stays, and a long road to recovery. But when it happens in a place meant to keep them safe, you need to ask hard questions. How did this happen? Who is responsible? And more importantly, what can you do?

Why Falls Happen in the First Place

Falls in nursing homes don’t just happen by chance. Often, they’re the result of neglect. Maybe a nurse didn’t respond to a call light in time. Maybe the floor was slippery and no one placed a warning sign. Maybe a patient wasn’t helped out of bed when they asked. These moments can lead to disaster. Under Florida law, nursing homes have a duty to keep their residents safe. That means taking steps to prevent falls—checking in often, providing walkers or wheelchairs, and keeping floors dry. When they don’t follow those rules and someone gets hurt, they can be held responsible.

What the Law Says

Florida has specific rules for how nursing homes must care for their residents. These are part of the Florida Statutes and the Florida Administrative Code. The rules say that staff must help with walking and moving around, must keep things clean and safe, and must check in with residents often to prevent harm. If they don’t follow these rules and a fall happens, it could be seen as negligence. And if negligence caused your loved one’s injury, you have a right to file a claim.

How These Cases Are Investigated

Once a fall is reported, the nursing home is supposed to make a report and alert the family. They also should start an internal review. But you shouldn’t rely on their word alone.

Most families choose to hire a lawyer at this stage. Why? Because nursing homes often protect themselves, not your loved one. An attorney can help you collect medical records, get security footage, and ask the right questions under oath. In some cases, a formal complaint is also filed with the Florida Agency for Health Care Administration (AHCA). This agency watches over nursing homes and can step in to investigate. But their process is slow, and they don’t always find what families already know—something went very wrong.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

What You Have to Prove

In court, your lawyer will need to show that the fall could have been avoided. That the nursing home knew your loved one was at risk but failed to take action. Maybe they didn’t put up guardrails, or failed to follow their own care plan. Maybe they ignored warning signs.

To win your case, you don’t need to prove the fall was on purpose. Just that the home didn’t do what it should have done. You’ll also need to show what the fall cost your family—hospital bills, pain, and the emotional toll of seeing someone you love suffer.

What You Can Expect from a Lawsuit

These cases can take time. Most nursing homes fight back. They may claim your loved one was confused, or that the fall was their own fault. That’s why your lawyer will collect every record, speak with doctors, and bring in other professionals who can explain what should have happened. Some cases settle before going to court. Others need a jury to decide. Either way, the goal is the same—to hold the nursing home accountable and make sure this doesn’t happen to someone else.

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Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

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Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

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I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

Why This Matters

A fall in a nursing home isn’t just a moment. It changes everything. Your loved one may never walk the same again. They may lose confidence. They may decline in health. And you may find yourself carrying a weight you never expected. But taking legal action is about more than money. It’s about answers. It’s about justice. It’s about making sure the people trusted to care for the vulnerable don’t take that job lightly.

What Families Should Watch For After a Fall

Sometimes the signs of neglect don’t stop at the fall. After an injury, your loved one might act different. They may seem scared, withdrawn, or even confused. You might notice bruises that don’t have a clear explanation or wounds that don’t seem to heal. These signs matter. They can point to a bigger problem at the facility.

Families should ask to see the incident report. This is a written account from the staff about what happened. It should include where the fall took place, who was nearby, and what steps were taken immediately after. If the report is vague or missing details, that’s a red flag.

Also, ask for the care plan. Every resident is supposed to have one. It’s a detailed list of their medical needs and how staff should meet those needs. After a fall, the plan should be updated. If it isn’t, or if staff can’t explain it clearly, it might show that the home isn’t following through.

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Time Limits Matter in Florida

In Florida, there’s a time limit for filing a lawsuit over a nursing home injury. It’s called the statute of limitations. Most families have two years from the date of the injury to file a claim. If you wait too long, you could lose your chance to hold the home accountable.

There are some exceptions, like if the facility hid what really happened or gave false information. But it’s always best to act early. The sooner you gather evidence, the stronger your case will be.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

 

How These Cases Help Others

When a family speaks up after a nursing home fall, it doesn’t just protect their loved one. It sends a message to the entire industry. That cutting corners, skipping safety checks, or ignoring care plans is not okay.

These lawsuits help shine a light on bad practices. They force change. And they help make sure other families don’t go through the same pain. In many cases, nursing homes are required to retrain staff, improve safety checks, or add better equipment after a legal case is settled.

You Don’t Have to Do This Alone

If you’re facing this right now, we see you. We know what you’re feeling. The frustration. The worry. The need to do something. At Serrano Law, we’ve helped families across Florida take action after nursing home falls. We guide you every step of the way. We ask the hard questions. We demand real answers. And we fight for what’s right. Call us today. Let’s talk about what happened. Let’s find out what went wrong. And let’s work together to make sure your loved one gets the justice they deserve.

To learn more about this subject click here: Comparing Slip and Fall Cases to Other Personal Injury Claims in Florida