What Does a Nursing Home Abuse Lawyer Do?
Nursing home abuse attorneys are a subset of personal injury lawyers. They specialize in helping people who suffer from abuse while living in nursing homes, assisted living facilities, or other long-term care facilities.
The best nursing home abuse lawyers have years of experience helping victims of nursing home abuse and neglect. As a result, these specialized elder abuse attorneys may be more qualified to handle nursing home abuse lawsuits than general personal injury attorneys.
An experienced nursing home abuse attorney can handle cases involving:
- Improper maintenance of a care facility that causes serious or repeated falls
- Medical malpractice, such as failing to prevent sepsis
- Neglect, such as allowing stage 4 bedsores to occur
- Negligent hiring or understaffing that leads to preventable injury
- Physical or sexual abuse by staff members or other residents
- Wrongful death of nursing home residents
Nursing home abuse victims can suffer from long-term physical and mental health problems and even permanent disabilities.
Nursing home abuse attorneys can help victims and their loved ones pursue compensation to pay for medical treatment and hold the facility, providers, and staff legally accountable. See if you qualify to work with a nursing home lawyer with a free case review.
Lawyers for Nursing Home Neglect
Some nursing abuse lawyers specialize in cases related to neglect or medical negligence.
Nursing home neglect occurs when a facility or its staff fails to care for the well-being of residents properly. Residents may get hurt, contract illnesses, or even die if an assisted living facility does not meet a basic standard of care.
A skilled nursing home negligence lawyer can help ensure that victims receive compensation. Nursing home neglect attorneys have sometimes been able to secure millions of dollars for victims.
How a Nursing Home Abuse Attorney Can Help
Nursing home abuse lawyers can help you pursue legal compensation by handling much of the work that comes with filing a nursing home abuse lawsuit.
When you file a lawsuit, nursing facilities use their extensive resources during the legal process. Their defense strategy tends to involve large corporate law firms employed by powerful insurance companies. Hiring your own nursing home abuse attorney can help level the playing field.
A skilled nursing home attorney may be able to help you recover money for:
- Emotional distress
- Funeral costs
- Lost wages
- Medical bills
- Mortgage or rent payments
- Pain and suffering
- Physical therapy
- Travel expenses
- Other bills or expenses
Victims and their loved ones deserve the aid, protection, and peace of mind that an experienced nursing home abuse attorney can offer. Working with the best nursing home lawyer possible can help ensure that you receive the maximum case value for your claim.
The legal system is tough to navigate if you are not an attorney. Seeking legal advice from an experienced nursing home abuse lawyer makes the legal process easier for you. Get started now with a free case review.
Signs You May Need a Nursing Home Abuse Lawyer
You might need a nursing home abuse attorney if a loved one was seriously harmed while living in a long-term care facility. You may also need help from a lawyer if you believe a nursing home or its staff is providing a substandard level of care.
Any of the following warning signs could mean that caregivers in a long-term care facility are abusing or neglecting residents.
- Bruising or bleeding around the genitals, indicating sexual assault
- Dehydration or weight loss caused by malnutrition
- Dirty bedrooms or living areas
- Lack of medical care for wounds, bedsores, or infections
- Medication errors
- Negative changes in behavior or appearance
- Serious injuries that go untreated by health care providers
- Staffing issues (understaffing or lack of nursing home staff training)
What to Expect When Working With a Nursing Home Abuse Attorney
Working with a nursing home abuse lawyer can streamline the legal process and provide the victim of abuse with the time and space they need to heal.
Most nursing home lawsuits include the following steps:1. Case evaluation
When you first connect with a nursing home abuse case manager, they will ask you basic questions to determine whether you may have a legal case. If it sounds like you may need legal help, you will be connected to members of the legal team, who will discuss the facts with you in greater detail.2. Claim investigation
The legal team will review relevant medical records and bills during the investigation phase. They will also talk with witnesses and possibly bring in an expert to help evaluate the merits of your claim.3. Lawsuit filing
After completing an initial claim investigation, your lawyer can file a lawsuit. Once the lawsuit has been filed, the defendant — in this case, the nursing home — must respond, or they could automatically lose the case.
It is critical to ensure that your claim is filed correctly. Paperwork errors can derail or prolong a case, costing you time and money.
Additionally, there are laws called statutes of limitations that vary by state and prevent you from filing your lawsuit after a certain deadline. A qualified nursing home abuse lawyer can file your claim on time without problems.4. Discovery process
Once your case is filed, both legal teams will request more information from each other during the discovery phase. Your nursing home abuse lawyer might collect statements, records, or other evidence from those being sued to strengthen your case.5. Negotiations and mediation
After each side presents its evidence, mediation will begin. Through mediation, the lawyers will try to resolve the case without going to trial with help from a third party (such as a judge).6. Settlement
Most nursing home abuse and neglect lawsuits resolve in settlements before or even during a trial. Your nursing home abuse lawyer will work to negotiate the highest amount of compensation based on the available evidence.
If a settlement cannot be agreed upon, a nursing home abuse lawyer can fight on your behalf in a court trial.7. Trial
If you and your legal team do not believe a fair settlement amount was offered, you can reject the offer. Sometimes, a settlement may not be reached. In these instances, the case may then go to trial. The trial verdict may amount to more money than a settlement offer but will usually take longer. If you lose, you may not get any money at all.
Your nursing home abuse attorney will represent you throughout the trial and present the evidence to a judge or jury. Your lawyer can also help you file an appeal if needed.
When you work with an experienced nursing home abuse lawyer, they will be with you every step of the way, reducing the stress that a lawsuit can bring.
See if you can work with an attorney right now.
How to Choose the Best Nursing Home Abuse Lawyer
Working with a general lawyer to file a nursing home abuse lawsuit is usually not enough.
Finding a dedicated nursing home abuse or nursing home neglect lawyer with the right skills and experience is typically the best way to proceed. This can help you get the greatest amount of compensation possible.
To follow are the most important factors to consider when you are looking to hire a nursing home abuse lawyer.
The best nursing home abuse lawyers work on a contingency fee basis, meaning you won’t have to pay any money upfront to work with them.
Instead, the lawyer takes a percentage of the settlement or trial award. If the lawsuit is not successful, the lawyer isn’t paid.
Some lawyers expect clients to pay upfront. They may charge an hourly rate or a flat fee. Working with these lawyers can be risky since you still have to pay them even if they cannot secure any money for your case.
You may end up losing money working with a nursing home abuse lawyer who does not represent you on a contingency fee basis.
Expertise can make all the difference in a nursing home abuse lawsuit.
Ideally, you want to find a nursing home abuse or nursing home neglect lawyer with years or decades of experience successfully handling cases similar to yours.
When speaking with a lawyer, make sure to ask them about their experience.
Ask a prospective attorney questions such as:
- How long have you been handling nursing home abuse cases?
- What is your success rate?
- What would your former clients say about you?
The sensitive nature of nursing home abuse cases can make victims feel embarrassed to reveal details of their mistreatment. It’s important to find a trustworthy attorney who makes you feel comfortable.
Remember that the right nursing home attorney will always be happy to answer any questions you have. They can help you fight for the compensation you deserve.
How Can I Find a Nursing Home Abuse Lawyer Near Me?
Nursing home abuse and neglect can be physically, emotionally, and financially devastating. Taking legal action with the help of an experienced nursing home abuse lawyer can help your family pursue justice and compensation.
Get a free case review today if you or your loved one has suffered from medical negligence in a nursing home. Our team will listen to your case and, if you qualify, can help you find a skilled nursing home attorney in your area.
Nursing Home Abuse Lawyer FAQ
How much does a nursing home abuse lawyer cost?
You shouldn’t have to pay any money upfront to work with a qualified nursing home abuse lawyer.
Top nursing home abuse attorneys only take a percentage of any money they secure for you.
Ask a nursing home abuse lawyer how much their services will cost before you agree to work with them. Also, be sure a lawyer you’re interested in working with offers a free consultation.
When can a nursing home abuse attorney help you sue a nursing home?
You may be able to file a lawsuit with a lawyer’s help as soon as you know nursing home abuse or neglect has taken place.
If you or a loved one has suffered neglect or abuse in a nursing home facility, it’s important to act as quickly as possible.
Statutes of limitations vary from state to state. If you wait too long, you might never be able to file a lawsuit and pursue compensation. In most states, you must file a case within 3 years, or you could lose out. A skilled nursing home attorney will ensure your claim is filed on time.
What types of nursing home cases does a nursing home abuse lawyer handle?
Nursing home abuse lawyers can handle cases related to medical malpractice, wrongful death, and physical or sexual assault. Contact our team now to see if a nursing home abuse lawyer can take your case.
What are the signs and symptoms of nursing home abuse?
Signs of nursing home abuse depend on the type of mistreatment that takes place. For example, warning signs of physical abuse may include bruises and broken bones.