Nursing Home Abuse Lawsuit

When you put your loved ones in a nursing home, you trust that they will be cared for properly. But all too often, residents are subjected to physical, emotional, and sexual abuse. Victims of nursing home abuse need legal assistance to get the financial compensation they deserve.

Our personal injury attorneys at Nursing Home Law Center, LLC have years of experience helping victims and their families get the justice they deserve. We understand the complex legal process involved in nursing home abuse cases and are dedicated to bringing you the best possible outcome.

Contact our nursing home abuse lawyers at (800) 726-9565 for a free consultation to see if you have a case. We will review the details of your situation and advise you on the best legal action to take. So don’t suffer in silence – get the legal help you need.

A Nursing Home Abuse Lawsuit: What You Need to Know

Older Americans and their family members harmed in an assisted living facility may file a civil nursing home neglect lawsuit to obtain compensation.

These cases are filed by individuals who have been harmed or mistreated in a nursing facility. People who have suffered neglect or abuse in a nursing home can seek compensation for their suffering from the facility and personnel involved.

To have a valid nursing home litigation opportunity, individuals must prove that the nursing home abuse or neglect occurred due to negligence on the part of the staff. It may require proving that the nursing home staff members did not take reasonable precautions and that this resulted in harm or injury.

Most nursing home lawsuits result in settlements. However, a few nursing home abuse lawsuits may go to trial, where a judge or jury determines the case’s outcome.

Nursing home abuse settlements are binding legal agreements that stipulate that the nursing facility must pay a victim a specific amount in compensation for their injuries.

Types of Nursing Home Abuse Lawsuits

There are various forms of senior home abuse lawsuits. Your circumstances determine the sort of case you can file.

The following are some of the most prevalent forms of nursing home abuse lawsuits:

• Torts
• Breach of contract
• Wrongful death

Tort Nursing Home Abuse Lawsuits

A tort is a civil wrong. In the context of elder abuse, it could be an intentional act or omission by the nursing home staff that harms the elderly resident.

Nursing home negligence lawsuits can be filed against the facility, the individual caregivers, and the nursing home staff.

Types of nursing home tort lawsuits:

• Negligence: The home’s failure to provide a standard of medical care and has resulted in injury to the resident.
• Medical malpractice: When the staff provides a medical treatment that falls below the accepted standard of medical care, this can be considered medical malpractice against the medical professional that attended to the resident.
• Malicious intent or abuse: Intentional act or omission by the home staff that results in harm to the resident.

A personal injury lawyer can help you determine whether you have a valid tort nursing home abuse lawsuit.

Breach of Contract Nursing Home Abuse Lawsuits

If the facility has violated the terms of your contract, you may be able to file a breach of contract lawsuit. It could involve issues such as the nursing home:

• Did not provide the services agreed to in the contract
• Failed to meet the standards of care outlined in the contract
• It was not clean or safe as specified in the contract

Wrongful Death Nursing Home Abuse Lawsuits

If a loved one dies due to elder abuse or neglect, you may be able to file a wrongful death lawsuit. This type of lawsuit can be filed against the facility, the staff, and the individual caregivers if:

• Abuse or neglect was the direct cause of death
• The victim would have survived if they had not been abused or neglected
• The decedent’s estate can file the lawsuit

A wrongful death lawyer can help you determine whether you have a valid nursing home abuse lawsuit.

Do you suspect that you or a loved one has been a victim of nursing home abuse? If so, contact a personal injury lawyer to discuss your options.

The following are some of the damages that may be available in nursing home abuse lawsuits involving wrongful death:

• Medical bills incurred as a result of the nursing home injury or illness that led to the death
• Funeral and burial expenses
• The cost of caring for the loved one before they died
• Pain and suffering endured by the loved one before they died

Criminal vs. Civil Nursing Home Abuse Lawsuits

Nursing home abuse can take many forms, from physical violence and neglect to verbal assaults and financial exploitation. When these incidents occur, the victim’s family may file a criminal lawsuit against the abuser.

However, the family may file a civil claim in some cases. So what’s the difference between these two types of nursing home lawsuits?

The government files a criminal lawsuit on behalf of the victim. This lawsuit seeks to punish the abuser and may result in jail time or a financial penalty.

On the other hand, a civil lawsuit is filed by the victim or their family. This type of lawsuit seeks monetary compensation for the abuse that has occurred.

Which type of lawsuit is right for you? That depends on your goals. For example, a criminal suit is the best option if you want the abuser to be punished.

Why You Should Consider Filing a Lawsuit Against an Assisted Living Facility

If you believe your loved one has been a victim of elder abuse, you may wonder if you should file a lawsuit. There are many reasons why you should consider filing a nursing home abuse lawsuit, including the following:

• You may be able to receive compensation for the abuse your loved one suffered.
• The abuser may be held accountable for their actions and face criminal charges.
• The facility may be forced to change its policies and procedures to prevent future abuse.
• You may be able to send a message that abuse will not be tolerated.

Filing a nursing home abuse lawsuit can help ensure your loved one receives justice. Legal action can also help protect other nursing home residents from being abused.

The Legal Procedure for Nursing Home Abuse Claims

A person injured by abuse may have grounds to file a nursing home lawsuit.

The legal process for nursing home abuse claims can be complicated, and having one of our experienced lawyers on your side is crucial. Here is an overview of the steps involved in filing a nursing home lawsuit:

Gathering Information

The first step in filing a nursing home lawsuit will require you to gather evidence to support your case. It includes:

• Medical records
• Witness statements
• Photos of the abuse

You will need to submit this evidence to your attorney, who will use it to build a strong nursing home neglect case.

Filing a Complaint

Once you have gathered evidence, you must file a complaint with the court. This document will outline the facts of your nursing home abuse case and why you believe you are entitled to damages. The complaint will also be needed to identify the parties involved in the lawsuit, including:

• The nursing center
• The abuser
• Insurance companies associated with the defendants

When a lawsuit is filed against a nursing center and its employees, they must respond by the deadline or risk losing the suit.

Service of Process

Once the complaint is filed, the court will serve a copy to all parties involved in the nursing home abuse case. It is known as the service of process, and it grants the other side an opportunity to respond to the allegations made in the complaint.

The Response

The nursing home and its employees will likely respond to the complaint by denying the allegations against them. They may also argue that you are not entitled to damages because you suffered no severe injuries.

Therefore, it is vital to have an experienced nursing home abuse lawyer who can counter these arguments and build a successful case on your behalf.

Settlement and Negotiation

Nursing home abuse settlement negotiations after the discovery phase. The two sides will try to reach an agreement that allows both parties to avoid going to trial.

During a nursing home abuse settlement negotiation, your attorney will work to get you the best possible settlement. However, the case will go to trial if a settlement cannot be reached.

Trials

Most nursing home abuse lawsuits end up going to trial. The reason is that the parties are often unable to settle. During a trial, the jury will examine the evidence presented by both sides.

The jury will then decide who is responsible for abusing the resident and what damages should be awarded. If the nursing home is found liable, you may be awarded damages to cover:

• Medical expenses
• Pain and suffering
• Other losses

Factors to Consider When Deciding Whether to Go to Trial or Settle

When deciding to go to trial or seek a nursing home abuse settlement, several factors should be considered. Some of the factors include:

• The extent of the nursing home injuries: If you have suffered serious injuries due to the abuse, you may be more likely to want to take the case to trial.
• The amount of evidence you have: You may be more likely to want to go to trial if you have sufficient evidence supporting your nursing home abuse case.
• The risks of going to trial: If the risks and costs are high, it may be in your best interest to take the nursing home settlement.
• The experience of your lawyer: If your lawyer has a lot of experience taking nursing home abuse cases to trial, you may be more likely to want to go to trial.

When deciding to go to trial for a jury verdict or reach a nursing home abuse settlement agreement, it is essential to weigh these factors carefully.

Nursing Home Abuse Lawsuit FAQs

Our nursing home lawyers understand that many families have unanswered questions concerning seeking compensation for abuse or neglect. Our law office has answered some of those questions below.

Call us at (800) 726-9565 for more information or schedule a free case review to discuss how the nursing home’s failure led to your damage.

When Should a Nursing Home Resident File a Lawsuit?

Residents of nursing homes should file a lawsuit as soon as possible if they are the victim of abuse. The longer someone waits to file a nursing home abuse lawsuit, the more difficult it can be to prove that the abuse occurred.

Evidence may disappear, and witnesses may forget what happened. It is also important to quickly file a nursing home abuse lawsuit to ensure that the care facility or the rehabilitation center is held accountable for their actions.

What Should I Do If I Suspect Nursing Home Abuse?

If you suspect a loved one is the victim of abuse, it is essential to notify the authorities immediately. The Centers for Medicare & Medicaid Services (CMS) suggest you first speak with the resident and ask them if they are being mistreated.

If they confirm your suspicions, you should contact an attorney.

How Can I File a Wrongful Death Lawsuit for Negligence in a Nursing Home?

Filing a wrongful death lawsuit for negligence in a nursing home can be a complex and emotionally challenging process. Here are some steps you can take to pursue such a case:

• Contact an attorney: To file a wrongful death lawsuit, you will need to hire an attorney who specializes in this area of law. They can advise you on the strength of your case, the relevant laws and regulations, and the steps you need to take to pursue your claim. Your lawyer can handle the entire process described below.
• Gather evidence: To prove negligence, you will need to gather evidence that shows the nursing home failed to provide an adequate level of care, resulting in your loved one’s death. This process may include medical records, witness statements, and other documentation.
• Identify the parties responsible: In a nursing home negligence case, the responsible parties may include the nursing home itself, individual staff members, or medical professionals who were involved in your loved one’s care.
• File a claim: Your attorney will help you prepare and file a claim with the appropriate court. It will outline the basis for your claim, the damages you are seeking, and the parties responsible.
• Pursue the case: Once the claim is filed, you and your attorney will need to pursue the case through the legal system. This process may involve negotiations with the nursing home’s insurance company, mediation, or even a trial.
• Seek compensation: If your case is successful, you may be awarded compensation to cover medical expenses, funeral costs, and other damages related to your loved one’s death.

It’s important to note that the laws and procedures surrounding wrongful death lawsuits vary by state, so it’s important to work with an attorney who is familiar with the relevant laws in your area.

Can I Sue a Nursing Home for Negligence if My Loved One Died?

Yes, you can sue a nursing home if your loved one dies due to abuse. The deceased’s family can file a wrongful death lawsuit against the nursing home. You can recover damages such as funeral expenses, financial aid for medical bills, and the costs of caring for the deceased person by suing the facility for negligence.

The chances of winning a nursing home abuse lawsuit vary depending on the facts of the case (i.e., negligence, medical malpractice, abuse, preventable pressure ulcers). However, most nursing home abuse lawsuits involving disabled or elderly residents are successful.

Most nursing facilities are responsible for the actions of their employees, and it is often easy to prove that the nursing home was negligent in their care of the resident.

How Much Will It Cost to File a Nursing Home Abuse Lawsuit?

Filing a nursing home abuse lawsuit typically costs between $2,000 and $5,000, including:

• The cost of filing a lawsuit
• Hiring a nursing home abuse attorney
• Court fees

The family of a deceased nursing home resident typically recovers these costs by winning their lawsuit.

Let Our Nursing Home Attorneys Resolve Your Compensation Claim

Are you or a loved one a victim of nursing home abuse? If so, our attorneys can help take legal action and file a nursing home abuse lawsuit against the facility and staff.

At Nursing Home Law Center, LLC, we have years of experience fighting for the rights of disabled and elderly residents. Our attorneys will work tirelessly to ensure that you receive your compensation.

Many nursing homes are motivated by profits and put residents’ safety at risk. You need an aggressive, compassionate advocate on your side. Contact an experienced attorney today at (800) 726-9565 or use the contact form for a free case review and learn how we can help you.

All confidential or sensitive information you share with our personal injury lawyers remains private through an attorney-client relationship.

Resources:

• Resolving Nursing Home Abuse Complaints | CMS
• About the Discovery Phase | United States Department of Justice