Working With a Nursing Home Abuse Lawyer
Families of nursing home residents must make the painful decision to move their loved one to a place that they believe will keep them safe. Unfortunately, nursing home abuse does happen.
When abuse or mistreatment occurs, not only do families have to deal with the devastating emotional impact, but they may also face additional health care expenses. A nursing facility that is deemed unsafe may also cause an expensive and taxing move to a new facility.
Regardless, none of this compares to the crippling grief that comes with an elderly loved one dying because of abuse or neglect.
When abuse or neglect happens, it is in your rights to pursue legal action. Because elder abuse laws can vary in whether they qualify as violations of civil or criminal law, having a personal injury lawyer experienced in nursing home abuse cases can help you understand your loved one’s legal rights.
If you or your loved one has experienced abuse, Nursing Home Abuse Justice can help you find a nursing home abuse attorney in your area. Contact our team today at (855) 802-4093.
Lawyers for Nursing Home Neglect
It is the responsibility of the assisted living facility to prevent injuries and death resulting from abuse or neglect. Failure on the part of the nursing home staff members to provide adequate care constitutes neglect. In some cases, it may even be considered medical malpractice.
While the legal definition of nursing home negligence and neglect can differ from state to state, there do exist across the nation some marked warning signs of neglect.
Neglect is usually defined as the failure to provide:
- Enough food, which can lead to weight loss and/or malnutrition
- Proper diabetic care
- Adequate clothing
- Safe environment
- Proper personal hygiene and bathing services
- Required medicine, which can lead to medication errors
- Necessary medical care
When nursing home neglect occurs, the nursing home can be held liable through various state and federal laws. This is especially true if the neglect led to serious personal injuries like broken bones and bedsores, or even wrongful death.
By making sure the case is filed within the statute of limitations and utilizing resources such as databases and information from past cases, nursing home neglect lawyers can help you build a strong case.
How Nursing Home Abuse Lawyers Help
Nursing home abuse attorneys can help families take legal action against nursing homes. While this may seem simple, many nursing homes are run by corporations that have their own team of lawyers to defend them.
Hiring an experienced nursing home abuse lawyer will facilitate the following:
- Gathering information: Lawyers will help you gather the medical records, photographic evidence, and other important information needed to investigate the abuse or neglect.
- Filing the case: A claim will be filed in the proper court, and the defendant (the nursing home) will be notified with formal documentation.
- Navigating state and federal law: Lawyers that specialize in nursing home abuse are familiar with local, state, and federal laws. They know when and where lawsuits can be filed.
- Preparing for discovery: A lawyer can strengthen your case during the discovery phase by collecting and organizing information including witness testimony.
- Negotiating settlements: Many nursing home abuse cases never go to trial. Instead, settlements are reached. A lawyer can assist you in negotiations and receive a payout.
- Resolving the lawsuit: When a case does go to trial, in the event a settlement cannot be reached, a lawyer will represent your side during the trial and help you file an appeal if needed.
How To Work With a Nursing Home Abuse Lawyer
To establish a relationship with a nursing home abuse lawyer, it is recommended that you do the following to help the process move smoothly.
Working with a nursing home abuse lawyer involves:
- Maintaining transparency and honesty while telling your lawyer all the facts, even if the facts can harm the case
- Staying patient, as the case may take a long time to resolve
- Delivering all available evidence, including witnesses and timelines
When looking for a nursing home abuse lawyer, research whether they have handled nursing home abuse lawsuits in the past. Experienced law firms can help you successfully file your case with minimal errors.
Nursing Home Abuse Attorneys by State
Because laws vary from state to state, you need to find a nursing home abuse and neglect attorney experienced with the federal and state laws governing long-term care facilities.
The following states are known to have higher occurrences of nursing home abuse: Florida, Illinois, and California.
How Much Does a Nursing Home Abuse Lawyer Cost?
The best lawyers will not charge upfront fees and will only get paid when you win the case. Their payment is usually a percentage of the winnings from the settlement or trial verdict.
Find Nursing Home Abuse Lawyers Near Me
When you spot signs of nursing home abuse — whether it’s physical abuse, emotional abuse/mental abuse, financial abuse, sexual abuse, or neglect — it can leave lasting scars.
Hiring a nursing home abuse lawyer can help seniors and family members recover from the trauma and receive the justice and money they deserve.
For help finding a nursing home abuse attorney near you, get a free case review today.