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$1.5 Million Dollar Lawsuit Against Uninsured Assisted Living Facility

By Josh Silverman on April 24, 2017


A scenario that happens all too often: A senior citizen moves in to an assisted living facility because his or her needs exceeds the ability of the family. The family tells the assisted living facility that mom/dad has been falling at home. The assisted living facility says we are equipped to provide all the care he or she needs. Before long the resident starts having falls. So much for promises. For the elderly falls can be fatal! I have had multiple cases that follow that same fact pattern.  

Many people do not know that assisted living facilities in Virginia are not required to have insurance. Until recently they had no obligation to even tell residents and their families that they were uninsured. I was part of a group of attorneys that joined the Virginia Trial Lawyers Association (VTLA) in successfully lobbying the General Assembly to at least require assisted living facilities to notify the residents and prospective residents if they are uninsured. 

What sparks this blog post is a case against Colonial Manor which is an assisted living facility in Williamsburg.  The facility has been sued for $1.5 million for the death of a resident after a serious fall and head injury. The facility lacks insurance and its attorney has withdrawn from the case because of the assisted living facilities' financial difficulties. It appears from the attached article in the Williamsburg Yorktown Daily that the facility is likely to file bankruptcy which may deny justice to the resident's family.

No one goes into an assisted living facility expecting an injury and a lawsuit. However, I have no plans on being in an auto accident today, but I still purchased insurance to protect myself and others.  The fact that an assisted living facility does not have insurance should be a red flag that the facility is not financially responsible or on solid financial footing. In my opinion I would not want to trust a facility to care for a loved one that does not have means to purchase liability insurance. 

My advice: Don't put a loved one in an uninsured assisted living facility! There are better options available. 

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