Filing a Nursing Home Abuse Lawsuit

After filing a complaint with the nursing home officials and contacting law enforcement, you might wonder about the next legal options. If you feel that the individuals responsible for your loved one’s care were negligent, then you may be able to take legal action.

Let’s look at the process of filing a nursing home abuse lawsuit.

Find a Legal Help

When it comes to choosing a lawyer, experience with nursing home abuse cases is essential.

These legal professionals can help you understand the process and choose the right options for your claim.  You may want to schedule a consultation with the lawyer during this time. Most attorneys offer a free initial consultation, allowing you to discuss the case, understand your options, and decide if the lawyer is a good fit.

With that, you can ask questions, get a sense of the lawyer’s communication style, and determine if they have the necessary expertise to handle your case.

By taking the time to find a qualified lawyer, you can take the next steps for your case. Now comes the time to file a nursing home abuse lawsuit.

Filing a Lawsuit

When a person decides to sue a nursing home for elder abuse or neglect, there are several important steps. Depending on the jurisdiction, you can file a lawsuit on behalf of your loved one. Some areas also allow a personal representative of their estate to take control of these legal matters.

The typical parties eligible to file include:

• Spouses
• Children
• Other family members, such as siblings
• Personal representative

Once again, you will need to reach out to an attorney to determine your next steps. In most cases, you will have two options: a personal injury lawsuit (for sexual, physical, and emotional abuse, along with neglect cases) or a wrongful death (if the abusive treatment resulted in the death of a resident.)

Your legal case will have to prove a few key elements, such as:

• The nursing home had a duty to provide care
• They failed in that duty of care
• The resident’s injuries or death were the direct result of that lack of care

The Filing Process

Preparing a legal document called a complaint starts the process. Within the record, it outlines the allegations of abuse and the damages. You may seek compensation for:

• Medical expenses, including hospital bills, treatment and rehabilitation costs, and other expenses related to the injury.
• Lost wages, especially if you had to take time away from home to resolve this situation.
• Pain and suffering for the emotional harm suffered by the resident.

Once the complaint is prepared, it will be filed with the court. The complaint will then be served to the defendant. In these cases, the defendants can include everyone, from the individual who committed the abuse to the owner of the nursing home.

Each state has a time limit known as the statute of limitations. For example, you have two years to file a personal injury claim in Illinois, while Kentucky has a shorter one-year statute of limitations. You must file a complaint within this period, or the case could be dismissed. Once again, working with an attorney will help you make sure you adhere to all deadlines.

Gathering Evidence

When it comes to a nursing home abuse case, evidence plays a vital role in proving the allegations being made. Everything from medical records to witness testimony can be used to substantiate the claim.

During this process, you will want to keep track of every record, employee interaction, or other contact made with the facility. You will also want to document any signs of the injury through photos, videos, or written documentation.

However, collecting and maintaining evidence can be challenging, which is another reason to hire a lawyer. They may hire expert witnesses or investigators to gather important information. Plus, they can make sure that the evidence you hand over is properly documented.

Once the evidence has been collected, your legal team will present it in court to support the abuse allegations. Witness testimony, physical exhibits, or expert analysis can often help set the foundation for the claim. Your legal team is primarily responsible for convincing the judge or jury that the allegations being made are true and that the defendant is accountable for the damages caused.

Negotiations and Trial

While you might think that the case will automatically go to court, that is not always true.

Often, the parties will try to settle. Throughout the negotiations, there may be several meetings to reach a successful conclusion to the case. Sometimes, a settlement cannot be obtained. In these situations, the case will proceed to trial.  During this time, both sides will present their case to a judge or jury, who will decide your lawsuit.

Whether you agree with the decision or not, the case could go to an appeals process. Once again, both sides will have to present their case to the appeal court. If the case had legal errors, the verdict could be overturned, resulting in a new trial. The appeals courts usually backed the verdict unless there was an egregious issue.

Keep in mind that this is a general guide. Your case’s circumstances will determine how you can proceed with the civil action.

Filing a nursing home abuse lawsuit can help bring closure to these incidents while compensating you for losses and other damages.