Nursing Home Lawsuit

What Is a Nursing Home Lawsuit?

A nursing home abuse lawsuit allows residents of care facilities and their family members to pursue justice if they’ve been harmed. Through a nursing home lawsuit, victims of negligence and abuse seek justice and compensation from the facility and/or staff responsible.

Most nursing home abuse lawsuits award victims money through settlements. Settlements are legal agreements requiring the nursing home to pay the victim a lump sum of money for their injuries.

A small number of nursing home lawsuits may go to trial, where a judge or jury decides the case’s outcome.

Find out if we can connect you with a skilled nursing home abuse lawyer now. You may be eligible to file a nursing home lawsuit and get compensation.

Why File a Nursing Home Lawsuit?

You can file a personal injury lawsuit to get monetary compensation for the pain and suffering that the nursing home resident endured. You can also file a wrongful death nursing home lawsuit if a loved one died from mistreatment or neglect.

Lawsuit compensation can cover:

• Costs associated with changing nursing homes
• Medical bills for treatment
• Mental health counseling
• Physical therapy
• Other expenses

The money awarded for medical bills and related costs is known as compensatory damages. Some nursing home lawsuits may also award extra money to punish the care providers for harming residents (punitive damages).

Besides awarding compensation, nursing home abuse lawsuits hold facilities responsible for harming residents.

Nursing home abuse lawsuits can expose:

• Breaches in the standard of care that led to injuries or wrongful death
• Negligent hiring or supervision of employees
• Poor upkeep of the nursing facility and its equipment
• Understaffing that causes residents to be harmed

Download our Nursing Home Abuse Handbook now to learn more about filing a nursing home lawsuit.

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Common Injuries in Nursing Home Abuse Lawsuits

Typically, residents and families file lawsuits against nursing home negligence or abuse due to an injury or death. This could involve physical abuse, sexual abuse, or neglect that caused harm.

Some injuries or harm that may lead to a nursing home lawsuit are:

• Bedsores (pressure ulcers), especially stage 4 bedsores
• Broken bones or fractures from nursing home falls
• Dehydration or malnutrition
• Medication errors or overmedication
• Poor diabetic care
• Sepsis from infections

When Should I File a Nursing Home Abuse Lawsuit?

Finding out if you can file a nursing home abuse lawsuit as soon as possible is essential. Laws known as statutes of limitations prevent legal action from being taken after a certain period of time, and they can differ for each state.

Many states only allow one or two years after the harm to take action.

Additionally, it may be easier to gather evidence for more recent cases. For example, witnesses’ memories may be clearer if less time has passed. Physical evidence may also be easier to obtain right after the injuries occurred rather than if months or years have passed.

Experienced attorneys understand applicable state laws and statutes of limitations and can help you file a nursing home lawsuit on time.

Contact an experienced nursing home lawyer immediately to discuss your legal options.

Who Can File Nursing Home Abuse Lawsuits?

Victims of abuse or neglect in a care facility can file nursing home lawsuits. However, some victims may not be of sound mind due to conditions such as Alzheimer’s disease, so a loved one with power of attorney may file a nursing home lawsuit on their behalf.

Or, if the victim dies due to their injuries, a close relative may be able to file a nursing home wrongful death lawsuit on the victim’s behalf.

Parties who may be able to file a nursing home abuse lawsuit include:

• The nursing home resident’s spouse
• The resident’s children or other dependents
• The resident’s parents
• A deceased victim’s close family members
• An estate representative

Nursing Home Abuse Justice partners with some of the best nursing home law firms in the country. Connect with us now to see if we can help you file a nursing home lawsuit.

Nursing Home Lawsuit Process

While it can seem intimidating, the nursing home litigation process is relatively simple, especially if you secure top-quality legal help. Learn about the steps to file a nursing home abuse lawsuit below.

1. Filing the Nursing Home Lawsuit

First, personal injury lawyers with experience in nursing home abuse cases will gather basic information. They will perform a case evaluation to see if a nursing home lawsuit can be filed.

If so, they will file a complaint that explains the injuries and why the nursing home or its staff members are at fault.

A lawsuit against a nursing home must prove that:

• The nursing home was in a legal contract to provide care
• The nursing home failed to uphold its duty of care
• The resident’s injuries or death resulted from a lack of nursing home care

The nursing home (or its insurance company and lawyers) will typically respond to the nursing home lawsuit with counterclaims, or they could automatically lose the case.

Once the case is filed, those suing become known as plaintiffs, and those being sued become known as defendants.

2. Starting the Discovery Phase

The two parties will begin collecting evidence to support their cases. This can include gathering medical records, witness statements, and testimonies from medical experts.

3. Negotiating a Settlement

After each side has built its case, they will usually meet to try and settle the nursing home lawsuit before it goes to trial.

A successful nursing home abuse settlement occurs when the defendant’s lawyers agree to pay the plaintiffs a lump sum of money. If a settlement is reached, the lawsuit will end.

4. Defending the Case at Trial

If the nursing home lawsuit is not settled out of court, it goes to trial with a judge and/or jury.

Each party will have an opportunity to present their case and evidence. The judge or jury will then decide who wins the case through a verdict.

A settlement is still possible even as the trial occurs, however. Some nursing home abuse lawsuits have reached settlements just as a trial was about to conclude.

5. Making an Appeal

Trials do not always end a nursing home abuse lawsuit. Either party may appeal the decision if a legal error occurs. The nursing home lawsuit will then be presented to an appeals court, with each party submitting a record of evidence from the trial.

The court will look for legal errors in pre-trial or trial proceedings. After a review, the appellate court will release an opinion either backing the previous verdict, overturning it, or calling for a new trial to be conducted.

Remember: Trials and appeals are very rare since most nursing home lawsuits end in a settlement. However, your nursing home abuse attorney will give you legal advice and prepare your case so it’s as strong as possible if a trial and appeal occur.

Types of Nursing Home Lawsuits

If a resident suffered any type of harm while living at a long-term care facility, it may be possible to file a personal injury lawsuit.

Personal Injury Nursing Home Abuse Lawsuits

If a resident suffered any type of harm while living at a long-term care facility, it may be possible to file a personal injury lawsuit.

This type of nursing home lawsuit will outline how the resident suffered from abuse or neglect and why the facility is to blame.

Past personal injury lawsuits have been filed for:

• Medical malpractice
• Nursing home neglect
• Physical abuse
• Sexual assaults

Nursing home abuse lawyers can file a lawsuit on behalf of the resident and/or their loved ones, making the process less stressful.

Wrongful Death Nursing Home Lawsuits

If a resident passes away due to nursing home neglect or abuse, their loved ones may still be able to take legal action. A wrongful death nursing home neglect lawsuit can award families with compensation for their suffering.

Nursing home staff members are supposed to keep residents as happy and healthy as possible — not cause them to die. Successful wrongful death lawsuits force nursing homes to pay if staff members contributed to a resident’s death.

Criminal vs. Civil Nursing Home Lawsuits

Criminal and civil nursing home lawsuits are very different. A victim can only file a civil lawsuit, as criminal lawsuits are brought by attorneys acting on behalf of the U.S. government.

Criminal lawsuits involve felonies and misdemeanors, while civil lawsuits involve seeking compensation for harm done.

The main differences between civil and criminal lawsuits are detailed below.

• Guilty parties face jail time and/or fines
• Initiated by U.S. government attorneys
• Require a higher burden of proof as punishments are severe
• Require a jury in most cases

• Defendants must pay money but most likely won’t go to jail if they lose
• Filed by private citizens and their lawyers
• Must show the defendant is most likely at fault for the wrongdoing
• Usually reach settlements before a jury trial occurs

File a Nursing Home Abuse Lawsuit to Get Compensation

No one should have to endure the injustices of elder abuse. Fortunately, a nursing home lawsuit can award you compensation to cover your medical expenses and hold a long-term care facility and its staff accountable.

Get a free case review now to find out if you can file a nursing home abuse lawsuit and pursue compensation. Our team can help you get started.