What Does a Nursing Home Abuse Lawyer Do?
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.
These specialized lawyers focus on helping people who suffer from abuse while living in nursing homes, assisted living facilities, or other long-term care facilities.
The best nursing home lawyers have years of experience helping victims of 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.
Nursing home abuse victims can suffer from long-term physical and mental health problems and even permanent disabilities.
See if you qualify to work with a nursing home lawyer to get justice with a free case review.
Types of Cases Nursing Home Abuse Attorneys Handle
An experienced nursing home abuse attorney can handle cases involving the following issues.
- Improper maintenance of a care facility that causes serious or repeated nursing home falls
- Medical malpractice, such as failing to prevent sepsis (a life-threatening reaction to infection)
- Neglect, such as allowing stage 4 bedsores to occur
- Negligent hiring or understaffing that leads to preventable injuries
- Physical or sexual abuse by staff members or other residents
- Wrongful death of nursing home residents
Nursing Home Neglect Attorney
Nursing home abuse lawyers also handle cases related to neglect or medical negligence.
Nursing home neglect occurs when a facility or its staff fails to properly care for a resident’s well-being. Residents may get hurt, contract illnesses, or even die if an assisted living facility does not provide a basic level 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 those harmed.
How a Nursing Home Abuse Attorney Can Help
Nursing home abuse attorneys can help you pursue financial compensation by handling much of the work that comes with filing a lawsuit.
When you file a nursing home abuse lawsuit, nursing facilities will hire powerful corporate lawyers to try and defend their actions. 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
- Medical bills
- Pain and suffering
- Physical therapy
- Rehabilitation expenses
- Travel expenses
- Other bills or expenses
Victims and their loved ones deserve the financial 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 highest case value too.
The legal system is tough to navigate if you are not an attorney. Seeking legal advice from an experienced nursing home abuse attorney makes the legal process easier for you. Find out if you’re eligible to work with a lawyer through a free case review.
Signs You May Need a Nursing Home Abuse Attorney
You might need a nursing home abuse attorney if you or your loved one was seriously harmed while in assisted living, long-term care, or another nursing 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 abuse
- 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 staff training)
What Compensation Can a Nursing Home Abuse Attorney Get?
An experienced nursing home abuse attorney can secure significant compensation for victims, including money for medical expenses, pain and suffering, and more.
As of November 2023, our partner nursing home lawyers have helped families nationwide recover over $256 million for abuse and neglect.
Payouts secured by our legal partners for nursing home abuse and neglect include:
- $2 million for a woman in Pennsylvania
- $1.75 million for a woman in Ohio after her daughter’s passing
- $1.35 million for an Alabama resident with a shoulder injury
- $1.2 million for a woman in Chicago
- $1 million for a California resident living with dementia
- $890,000 for a woman in Kentucky
- $600,000 for an Alzheimer’s patient in Massachusetts
- $500,000 for a New York resident with diabetes
Case values vary based on the severity of the impact on the resident and their family, but these examples show the importance of having experienced nursing home abuse attorneys on your side.
If you believe you have a case for nursing home abuse or neglect, start with a free consultation right now to see what options are available to you.
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 legal professional, they will ask you basic questions to determine whether you may have a case.
If you qualify, 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, bills, and other evidence during the investigation phase. They will also talk with witnesses and possibly bring in an expert to help build your lawsuit.
3. Lawsuit Filing
After completing an initial claim investigation, your nursing home abuse 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.
Nursing home abuse lawyers will make sure your claim is filed correctly, allowing you to avoid any hassles and confusion that would come if you tried to file it yourself.
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 attorney 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, lawyers will negotiate to try to resolve the case without going to trial. This sometimes involves help from a third party (such as a mediator or judge).
Most nursing home abuse and neglect lawsuits are resolved in settlements. 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 court through a trial.
You can reject a settlement offer if you and your legal team do not believe it was fair. The case may then go to trial.
Your nursing home abuse attorney will represent you throughout the trial and present the evidence to a judge or jury.
A trial verdict may result in more money than a settlement offer but will usually take longer. If you lose, you may not get any money at all. Fortunately, your lawyer can help you file an appeal if you lose or try to negotiate a settlement while a trial is ongoing.
When you work with an experienced nursing home abuse lawyer, they will be with you every step of the way, reducing the stress a lawsuit can bring.
See if you can work with an attorney right now.
5 Tips for Choosing 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 highest compensation possible.
To follow are the most important factors to consider when you are looking to hire a nursing home abuse lawyer.
1. Find Out What it Will Cost
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.
2. Ask About Their Experience With Nursing Home Cases
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.
They should also be well-versed in your state’s current nursing home abuse laws.
When speaking with a lawyer, make sure to ask them:
- How long have you been handling nursing home abuse cases?
- What is your success rate?
- What would your former clients say about you?
Find out if you can work with an experienced nursing home abuse attorney right now by calling our team at (855) 630-0464.
3. Determine if You’d Feel Comfortable Working With Them
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, the attorney-client relationship is a significant factor that should not be taken lightly. 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.
4. Assess Their Resources and Support Team
When selecting a nursing home abuse lawyer, it’s crucial to consider not just the attorney but also the team supporting them.
A lawyer backed by a well-resourced team can offer:
- Access to specialists: A strong support team often includes paralegals, medical experts, and investigators who can gather evidence, provide medical insights, and help build a strong case.
- Depth of resources: A well-staffed law firm can dedicate more resources to your case, which is very important in complex cases that may require extensive investigation and expert testimony.
- Efficient case handling: A team with diverse skills ensures your case moves forward efficiently, managing paperwork, court dates, and communication.
Ask about the firm’s support staff and resources during your initial consultation. This will help you determine how well-equipped they are to handle your case.
5. Look for Recognition and Client Testimonials
Look for a nursing home abuse lawyer who is well-regarded in the legal community. Awards, memberships in specialized legal groups, and endorsements from other lawyers can be strong indicators of their expertise and reputation.
Look for these credentials when evaluating a nursing home lawyer:
- Awards and honors: Look for lawyers who have received awards from legal associations, which often reflect their expertise and commitment to their field.
- Peer reviews: Endorsements from other legal professionals can provide insights into the lawyer’s reputation in the legal community.
- Professional memberships: Membership in specialized legal groups can indicate a lawyer’s dedication to nursing home abuse cases.
Client feedback is also important. Testimonials and case studies reflect the lawyer’s ability to empathize, communicate effectively, and secure strong payouts for clients A high number of client referrals also suggests a lawyer’s skill and client satisfaction.
Find a Nursing Home Abuse Lawyer
Nursing home abuse and neglect can be physically, emotionally, and financially devastating. By working with an experienced nursing home abuse lawyer, victims and their families can start healing from the trauma, secure necessary medical care, and seek justice.
Nursing Home Abuse Justice partners with some of the best nursing home lawyers across the country. Together, we have helped families recover over $256 million for nursing home abuse and neglect.
Our team is ready to listen to your story and help you find a skilled nursing home attorney near you if you qualify.
Nursing Home Abuse Lawyer FAQ
What are the responsibilities of a nursing home abuse attorney?
A nursing home abuse lawyer assists victims and their families in seeking compensation for harm caused in nursing facilities.
These specialized attorneys help in recovering damages for medical bills, pain and suffering, and more, often working on a contingency fee basis, which means no legal fees are paid unless the case is successful.
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 the 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?
A common sign that any form of abuse or neglect may be taking place is behavior changes of any kind. If you notice changes in your loved one, do not wait to take action. An experienced nursing home abuse attorney can help you determine what options you may have.
Other signs of nursing home abuse will depend on the type of mistreatment that takes place. For example, warning signs of physical abuse may include bruises and broken bones. Emotional abuse could cause residents to develop new fears.
Who is the best attorney for nursing home abuse?
The ideal nursing home abuse attorney should have a proven track record of successfully handling similar cases and a solid reputation within the legal community.
They should have the ability to connect well with victims and their families, and communicate clearly and kindly with them.
It’s also beneficial if they offer free consultations and work on a contingency fee basis, which means they don’t get paid unless the case is successul.
Choosing a nursing home abuse lawyer is a personal decision that should be based on trust and confidence, ensuring you have the right support to seek justice and compensation.