What to Expect With a Nursing Home Abuse Lawsuit

Nursing home abuse is a prevalent problem resulting in serious trauma or death.

When you put your loved ones in a nursing home, you trust that they will be taken care of 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 nursing home abuse 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 we are dedicated to getting you the best possible outcome.

Contact our law firm 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

To obtain compensation, older Americans and their family members who have been harmed in an assisted living facility may file a civil nursing home neglect lawsuit.

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

To have a valid nursing home litigation opportunity, individuals must prove that the nursing home abuse or neglect occurred as a result of 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 abuse cases 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 of money 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 lawsuits:

• Torts
• Breach of contract
• Wrongful death

Tort Nursing Home Abuse Lawsuits

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

Tort 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 had 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 lawsuit.

Breach of Contract Nursing Home Abuse Lawsuits

If the nursing 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 nursing 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 wrongful death nursing home 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 a wrongful death lawsuit:

• 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
• Loss of consortium (the loss of companionship and support)

If you have any questions about nursing home abuse lawsuits, please don’t hesitate to contact us for a free legal case review. As an experienced nursing home litigation law firm, we would be happy to help.

Criminal vs. Civil Nursing Home 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 choose to file a criminal lawsuit against the abuser.

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

The government files a criminal lawsuit on behalf of the victim. This type of 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. On the other hand, you may need to obtain compensation for the abuse, and a civil suit is the better choice.

Contact a nursing home abuse lawyer to discuss your specific case and determine which type of lawsuit is right for you.

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

If you believe that your loved one has been a victim of elder abuse, you may be wondering if you should file a lawsuit. There are many reasons why you should consider filing a nursing home 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 that 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 who has been injured by abuse may have grounds to file a nursing home lawsuit.

The legal process for nursing home abuse claims can be complicated, and it is important to have one of our experienced lawyers on your side. 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 is gathering 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 will need to 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 need 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 of it 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 made against them. They may also argue that you are not entitled to damages because you did not suffer any serious injuries.

Therefore, it is important to have an experienced nursing home abuse lawyer who can counter these arguments and build a successful nursing home abuse 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, if a settlement cannot be reached, the case will go to trial.

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 the elder abuse and what damages should be awarded. If the nursing home is found liable, you may be awarded damages to cover:

• Medical bills
• Pain and suffering
• Other losses

Appeal

If the nursing home or its employees are found liable, they may decide to appeal the jury verdict. You will need to hire an appellate attorney to represent you if this happens. The appellate process can be lengthy and expensive, so it is important to have a lawyer who can fight for your rights.

It is important to remember that the legal process for nursing home abuse claims can be complicated. Therefore, if you have been injured in a nursing home, it is essential to consult with an experienced attorney who can offer legal help to protect your rights.

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

Several factors should be considered when deciding to go to trial or seek a nursing home abuse settlement. 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 of going to trial 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.

It is essential to weigh these factors carefully when deciding to go to trial or reach a nursing home abuse settlement.

Contact us for a free case review and get additional advice on what to do. We can handle every aspect of your nursing home lawsuit.

Notable Examples of Nursing Home Abuse Settlements and Lawsuits

There are many examples of nursing home claims that have been settled. Often, nursing home settlements happen out of court, but there have been a few high-profile cases where the nursing home has gone to trial. Some notable examples of nursing home settlements include:

$700,000

Sexual Abuse

A nursing home failed to protect a resident from sexual abuse at their facility in Florida. The defendants agreed to pay $700,000 to settle the case.

$2.9 Million

Elder abuse and neglect

An 84-year-old nursing home resident in Tucson, Arizona, suffered and died from pressure sores after being neglected by staff. The nursing home was later ordered to pay $2.9 million in damages.

$3 Million

Falls

In California, a nursing home patient fell out of her wheelchair and fractured her hip. The facility was later ordered to pay $3 million in damages.

$5 Million

Elder abuse and neglect

The family of a 95-year-old patient residing in one of the assisted living facilities in California sued the nursing home after she was neglected and was suffering infections and pressure ulcers. The facility was ordered to pay $5 million in damages.

$250,000

Neglect

A man’s wife, a nursing patient, died after being neglected by staff. The nursing home was later ordered to pay $250,000 in damages.

These are just a few examples of the many abuse lawsuits settled.

Were you injured due to nursing home abuse or neglect? If so, you may be able to file a compensation claim. Contact our law office for a free case review.

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.

At Nursing Home Law Center LLC, we have years of experience fighting for the rights of nursing home 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 our law firm today for a free legal case review and learn how we can help you.

All confidential or sensitive information is kept safe through an attorney-client relationship.

Resources:

• The Centers for Medicare & Medicaid Services (CMS) – Nursing Home Abuse Lawsuit

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 today at (888) 424-5757 for more information or schedule a free consultation to discuss how the nursing home’s failure led to your damages.