Lawyers who specialize in nursing home abuse cases represent individuals who have suffered abuse, neglect, or mistreatment in a nursing home or long-term care facility. Their primary goal is to help their clients obtain compensation and hold those responsible accountable for their actions.
Suing a Nursing Home for Negligence or Abuse
If you or a loved one suffered neglect or abuse while in the care of a nursing home, you may be able to sue the facility for damages. Here are some general steps that you may need to take to pursue a lawsuit against a nursing home:
The first step in pursuing a lawsuit against a nursing home is to consult with an experienced attorney who specializes in nursing home abuse cases. They can help you understand your legal rights and options and advise you on the best course of action to take.
2. Gather Evidence
Your attorney will need to collect evidence to support your case. This may include medical records, witness statements, and other documentation that demonstrates the abuse or neglect that occurred.
3. File a Complaint
Your attorney will file a complaint on your behalf, which outlines the details of your case and the alleged damages. The nursing home will have a chance to respond to the complaint.
It is the nursing home attorney’s job to keep the victim and their family informed throughout the legal process and provide guidance and support as needed.
The discovery phase of the lawsuit involves both sides exchanging information and evidence. Your attorney may depose witnesses, request documents, and conduct investigations to support your case.
6. Settlement Negotiations
In many cases, nursing homes may choose to settle out of court rather than go to trial. Your attorney can negotiate a settlement that provides you with fair compensation for your damages.
If a settlement cannot be reached, the case will proceed to trial. Your attorney will present evidence and make arguments to the judge and/or jury, who will ultimately decide whether the nursing home was liable for the abuse or neglect.
If you are unhappy with the trial outcome, your attorney can advise whether an appeal is worthwhile.
Every Case is Different
It’s important to note that the specific steps involved in a nursing home abuse lawsuit can vary depending on the circumstances of your case. Working with an experienced attorney can help you understand the process and increase your chances of success.
Nursing Home Abuse Attorneys and the Care Industry
In addition to these tasks, lawyers for nursing home abuse may also work to raise awareness about the issue of elder abuse and advocate for changes in the law to better protect vulnerable seniors.