Getting Nursing Home Legal Help
Nursing homes are supposed to provide high-quality care for vulnerable older people. Sadly, some nursing homes betray the trust of elders and their loved ones by abusing or neglecting residents. Cases of nursing home abuse can leave an elderly person traumatized, permanently injured, or dead.
If you or a family member suffered from nursing home abuse or neglect, it’s your right to explore your legal options. There are many benefits to taking legal action in the wake of nursing home abuse.
With nursing home abuse legal help, you can:
- Get financial compensation to cover medical expenses or funerals
- Help ensure nursing home abuse residents are kept safe moving forward
- Hold abusers accountable for their wrongdoings
- Send a message that nursing home abuse is inexcusable
If you’re looking for legal help after nursing home abuse, we’re here to help. Our team can connect you with a skilled nursing home abuse law firm if you qualify. Nursing home lawyers and law firms can help you through the legal process so you can pursue compensation.
Get a free case review now to see if you can get legal help for nursing home abuse.
Nursing Home Abuse Lawyers
To take legal action against nursing home abuse, it’s key to work with a skilled attorney. Nursing home lawyers are personal injury attorneys that specialize in elder abuse cases. Because of their expertise, they are often more prepared than general lawyers to handle nursing home cases.
Nursing home abuse lawyers can work with you to build a strong legal case and will serve as your advocate within the court system.
Experienced attorneys can:
- Build a case showing how a nursing home and its staff violated the standard of care
- Note what documents may be needed to prove your case (such as medical records)
- See when and where your lawsuit needs to be filed
- Negotiate strong financial settlements on your behalf
- Represent you in court if the lawsuit goes to trial
Our team can connect you with nursing home abuse and neglect attorneys that have handled other cases with success.
Call (800) 896-7040 right now to see if you can work with a nursing home abuse lawyer.
Nursing Home Abuse Lawsuits
A nursing home abuse lawsuit can hold a long-term care facility and on-staff caregivers accountable if they did not provide proper care. These lawsuits demand financial compensation for the harm done to elderly residents.
You may be able to file a nursing home abuse lawsuit if:
- You or a loved one was neglected, injured, or abused while living at a nursing home
- You need financial help to cover medical care costs after being abused
- You or your loved one had to move from an assisted living facility due to abuse
- You suffered long-term or permanent disabilities from the abuse
Compensation from a successful lawsuit can cover the costs of medical treatments and damages caused by neglect or abuse, such as pain and mental suffering.
The vast majority of nursing home abuse lawsuits are resolved through out-of-court settlements. Through a nursing home abuse settlement, you will receive a lump sum of money and the lawsuit will end.
If a settlement cannot be reached between your lawyers and the lawyers for the nursing home, the case may go to trial. Here, a judge or a jury will decide the case.
Trials are typically avoided because they add more time to the legal process and they are risky — there’s no way to guarantee that a jury will side with you. Further, if you lose a trial you might not get any compensation.
Statute of Limitations on Nursing Home Abuse Lawsuits
Each state limits how much time you have to sue a nursing facility through laws called statutes of limitations. Although these laws vary by each state, the average statute of limitations for nursing home abuse is 2-3 years.
If the statute of limitations passes in your case, you will not be able to file a lawsuit or pursue compensation through the legal system.
You can find peace of mind by connecting with a nursing home abuse law firm as soon as you suspect abuse has taken place. Lawyers at these firms understand the statutes of limitations in each state and can help you file your case in time.
Nursing Home Abuse Law Firms
While there are thousands of law firms in the United States, not all of them will be properly equipped to handle nursing home abuse cases. It is important to find a firm that has secured compensation for others who suffered from nursing home abuse.
When choosing a nursing home law firm, make sure it has:
- A proven track record of successes in court
- A national network of attorneys that can file your case no matter where you live
- A compassionate team that treats you like a person, not just a case
Top nursing home abuse law firms will work to build a strong case on your behalf and secure compensation in the shortest amount of time possible.
Get a free case review now to see if you can work with a law firm.
Nursing Home Abuse Laws
The elderly are among the most vulnerable members of our population and, as such, are given special protections under the law. There are both federal and state-specific nursing home abuse laws.
National Nursing Home Abuse Laws
Federal laws and programs establish how the elderly should be treated across the country.
U.S. senior citizens are protected by federal laws like:
- Elder Justice Act
- The Nursing Home Reform Act
- Older Americans Act
- Violence Against Women Act
Some of these laws, like the Nursing Home Reform Act, address things such as proper nutrition, levels of supervision, and maintaining accurate records. Other laws provide guidelines on background checks for nursing home staff members and legal resources for the elderly.
Some states may choose to implement those requirements differently or even create higher standards to protect residents.
Nursing Home Abuse Laws by State
While nursing home abuse laws vary by state, most of the differences are split based on two criteria.
- Who qualifies as an elder?
- What is the legal definition of abuse and neglect?
Generally, someone is a victim of elder abuse if they are an adult aged 60 or older who has suffered mental or physical harm at the hands of another (such as caregiver, loved one, or even a stranger).
When judging whether someone’s actions are abuse, states consider:
- How the elder was harmed
- If the abuser was in a “position of trust”
- The intent of the offender
- The severity of the victim’s injuries
- Whether abandonment qualifies as elder abuse
States also determine whether neglect and elder abuse are treated as separate crimes.
Nursing home abuse law firms can help you understand how local and state laws may affect your case. Get a free consultation to see if you can connect with a law firm today.
How to Choose an Attorney or a Law Firm
Choosing the right law firm is a big decision if you move forward with a nursing home abuse lawsuit.
No law firm can guarantee any particular outcome and if they try to make such claims, it may be a red flag. However, an experienced nursing home abuse attorney has a greater chance of success.
Below, find several questions you can ask when searching for a law firm.
What is your record for successful cases?
A good record starts with wins and fair settlements, but you should also dive into their background. Find out if there are any complaints or misconduct charges on your state’s bar association website.
How do you develop relationships with clients?
The legal process can feel intimidating. A good law firm will make you comfortable and open to sharing sensitive information.
How much experience do you have handling nursing home abuse cases?
Experience helps a law firm anticipate the defense’s strategy and file paperwork in a timely manner. Ideally, they should have experience specifically handling nursing home abuse cases.
What are the terms of contracting your services?
Law firms should be upfront about the cost of their services, fees, and how payment is handled. If you do not think the terms are fair, it may be best to walk away.
Can you provide references?
Do your own research. A law firm can claim they are the best in the industry, but what do their clients say? References are invaluable for gauging a law firm’s trustworthiness.
Get a free case review right now — our team can connect you with trusted law firms if you qualify.