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By Paul Benson February 1, 2026
Why Is It Crucial To Reach Out To A Lawyer Soon After An Accident? Contacting a lawyer promptly after an accident is vital to preserve crucial evidence from the accident scene. Evidence like skid marks, surveillance videos, and witness statements can disappear quickly. By involving a lawyer early on, you ensure that all necessary evidence is collected and preserved, which can significantly impact the outcome of your case. Why Do Some People Delay Contacting A Lawyer After An Accident? Many individuals delay contacting a lawyer due to the misconception that they are not "lawsuit people." However, when faced with insurance companies refusing to compensate them fairly, they realize the need to protect their rights. By waiting to involve a lawyer, important evidence may be lost, such as video footage or witness accounts, which can weaken their case significantly. What Are The Potential Problems Individuals Face When Insurance Adjusters Reach Out Early? Insurance adjusters often aim to elicit statements that downplay the severity of injuries or shift blame away from their policyholders. By recording conversations and obtaining seemingly innocuous statements, they can later use discrepancies to undermine a claim. Consulting with a lawyer before engaging with insurance adjusters is crucial to avoid inadvertently harming your case. What Key Evidence Can Be Lost If Individuals Wait Too Long After An Accident To Seek Legal Counsel? Delaying legal representation can result in the loss of crucial evidence such as video footage, debris placement at the scene, and witness recollections. Additionally, timely medical documentation is essential for accurately assessing and documenting injuries. Without early involvement, individuals risk missing out on vital evidence that could strengthen their case. How Does The Timing Of Medical Bills And Documentation Impact An Insurance Company's Evaluation Of A Claim? In Wisconsin, the timing of medical bills and documentation is critical due to the collateral source rule. Health insurance coverage may pay medical bills upfront, but individuals can still recover the full amount from the at-fault party's insurance. However, delays or discrepancies in submitting bills can lead to reduced compensation and financial risks for the injured party. What Tactics Do Insurance Companies Employ To Settle Claims Quickly Without Individuals Fully Understanding The Implications? Insurance companies may use tactics like sending blank medical releases or offering immediate settlement checks to expedite claim resolutions. Individuals may unknowingly sign away their rights or settle their claims prematurely, leading to potential long-term repercussions. It is essential to seek legal guidance to navigate these tactics and ensure fair compensation for injuries. What Steps Should Individuals Take After A Minor Accident To Protect Their Legal Rights? After a minor accident, individuals should document the scene thoroughly, report the incident to their insurance company, and consider seeking a legal consultation. It is crucial to accurately relay their version of events to the police, report any injuries promptly, and consult with a lawyer to understand their rights and potential legal options. Is It Advisable For Individuals To Seek Medical Evaluation After A Minor Accident Even If They Feel Only Minor Discomfort? Yes, it is recommended for individuals to undergo a medical evaluation after a minor accident, even if they experience minor discomfort. Prompt medical assessment can uncover hidden injuries that may worsen over time if left untreated. By seeking timely medical attention, individuals protect their health and establish a documented record of injuries for potential legal claims. What Are Some Early Moves Insurance Companies Make That Individuals Should Be Cautious About Following An Accident? Insurance companies may attempt to obtain blanket medical releases or offer immediate settlement checks to expedite claims processing. These tactics can lead to individuals inadvertently signing away their rights or settling for inadequate compensation. It is crucial to seek legal guidance to navigate such tactics and protect one's legal rights effectively.
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An elderly woman in a wheelchair is sitting in a bedroom next to a chair.

Injuries from Hoyer Lifts in Nursing Homes

Nursing home staff are held to high standards concerning the welfare of residents of the care facility. Residents who are bedridden, paralyzed, disabled, or incapacitated, often require help getting from one place to another. Often, Hoyer lifts are used in nursing homes to help residents overcome such mobility challenges. Unfortunately, transferring patients improperly using the Hoyer lift may result in accidents and injuries, including hematomas, fractures, traumatic brain injury, and other serious injuries.


If your loved one was injured in a nursing home due to using a Hoyer lift, you may be entitled to pursue damages. At Paul Benson Law Firm, I have the experience and resources to assist and guide clients in nursing home neglect and abuse matters. As a knowledgeable Wisconsin personal injury attorney, I can fight diligently to protect your loved one's rights and help seek deserved compensation for their injuries and any additional pain and suffering they had to endure. My firm proudly serves clients in Janesville, Beloit, and Rock County, Wisconsin.

What Is a Hoyer Lift?

A Hoyer lift is a mobility tool designed to help people living with disabilities, bedridden, or having mobility issues move from one place to another safely with the help of caregivers or nursing home staff. Hoyer lifts can also be used to lift patients from the floor or onto a healthcare bed. The resident/patient will be suspended in the air in a sling while being moved using the Hoyer lift.

Common Causes of Injury with a Hoyer Lift

According to the Centers for Disease Control and Prevention (CDC), about 35% of nursing home fall injuries occur in patients who cannot walk. Among those may be residents who were moved using a Hoyer lift that resulted in a fall. Some common causes of injury with Hoyer lifts include:


  • Improper use of equipment (Hoyer lift)
  • Improper placement of the sling and strap 
  • Improperly seating or assembling the Hoyer lift 
  • Inadequate training of staff members on how to use the Hoyer lift 

Liability for Injury

Generally, when a Hoyer lift accident occurs, the liability is with the nursing home. The care facility is required to ensure that:


  • Nursing staff are trained properly on how to use the Hoyer lift
  • The Hoyer lift is operated by two people when necessary
  • The straps are properly washed and stored safely
  • Worn-out straps are replaced as soon as possible


However, if the Hoyer lift accident occurred due to a faulty component, including sling, swivel bar, or malfunctioning lift controls, the product manufacturer may be held liable for injuries. Regardless, an experienced attorney can evaluate the surrounding facts and determine how best to recover damages.

Recoverable Damages

The following damages may be recovered by filing an injury claim:


  • Medical expenses, including hospital bills and prescription medication
  • Physical therapy
  • Pain and suffering
  • Mental anguish
  • Loss of enjoyment of life

Home care or skilled nursing care at another facility

The Paul Benson Law Firm: Experience You Can Trust

Seniors who have been victimized by nursing home neglect and abuse are entitled to recover damages for their injuries. However, proving negligence and seeking fair compensation in nursing home cases involving Hoyer lift accidents can be very complicated. Therefore, if you're considering suing the nursing home for injuries from Hoyer lifts, it is important that you hire an experienced personal injury attorney to protect your loved one's rights and for proper guidance.


At The Paul Benson Law Firm, I have devoted my career to offering experienced legal services and handling nursing home neglect and elder abuse cases. As your legal counsel, I will:


  • Fight compassionately to protect your loved one's best interests and work to hold the responsible party liable
  • Review every last detail of your case and conduct an in-depth investigation
  • Explain your available options to seek damages
  • Help prove fault, establish negligence, and estimate case-value
  • Help negotiate a fair settlement with the insurance provider
  • Take further legal action by filing a personal injury lawsuit, if required


Contact my firm – The Paul Benson Law Firm – today to schedule a simple case assessment with an experienced nursing home neglect attorney. I will fight compassionately on your side to protect your loved one's legal rights and work meticulously to seek rightful compensation for their injuries. My firm proudly represents clients across Janesville, Beloit, and Rock County, Wisconsin.