If you find yourself dealing with a potential case of nursing home abuse, you will likely have many questions about your legal rights and the process through which you might receive compensation. Learning how to file a nursing home abuse lawsuit can be complicated. But with a nursing home abuse lawyer on your side, you can move towards a verdict and possible compensation.
Signs of Nursing Home Abuse
Before you can pursue a lawsuit, it helps to know the signs of potential nursing home abuse so you can identify them. Nursing home abuse can take many forms. According to the National Institute on Aging, elders in nursing homes often fall victim to:
- Financial abuse
- Emotional or mental abuse
- Physical abuse or neglect
Many individual factors, ranging from financial dependency to medical conditions to lack of family support, can all contribute to the chance that a person may fall victim to abuse in a nursing home. When you visit your loved ones, you will want to keep an eye out for signs of nursing home abuse, including:
- Bruises, cuts, or burns
- Fractured or broken bones
- Damaged belongings
- Torn clothing
- Poor hygiene
- Weight loss or poor eating habits
- Fear and avoidance tactics
If appropriate, you may also want to monitor to your loved one’s funds to ensure they are not being spent in inappropriate ways or that large sums do not go missing.
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When Abuse and Neglect Overlap
Nursing home abuse and neglect often overlap, as neglect begets abuse and vice versa. When filing a nursing home abuse lawsuit, you can discuss the intricacies of your case with your legal team to determine what happened to your loved one and how you will proceed.
Understanding the Legal Process
When you first consider filing a lawsuit against a nursing home and/or its staff, it can be difficult to know where to begin. Following these best practices can help you establish a case and protect your loved ones from further harm.
Find a Nursing Home Abuse Lawyer
If you believe that your loved one in a nursing home may have suffered abuse, you can seek the aid of a lawyer who understands and has experience with nursing home cases. Your lawyer can help you better understand your loved one’s case and determine what evidence will need to be gathered.
Prepare the Appropriate Documents
The evidence you need to establish a nursing home abuse case file will vary, based on the state in which you live and the type of case you want to submit. Common types of evidence include:
- Medical expenses detailing treatment for abuse
- Police records, if applicable
- Your loved one’s previous medical history to compare against their current state
- Eyewitness accounts
- Video footage or photographs of the abuse taking place
File Your Petition
With the help of your nursing home abuse lawyer, you will deliver a complaint—in other words, your case—to a court of law. This document needs to include all parties involved in the suit, the specific complaint, and the facts you wish to present to defend your complaint. You should also note your desired compensation, which you will have determined with your attorney before submitting the document.
Note that when filing a nursing home abuse lawsuit, your compensation may consist of:
- Medical costs to care for the injured party
- Psychological therapy for the injured party and for yourself
- Financial losses involved in removing the injured party from the nursing home’s care
- Pain and suffering
After filing your complaint, you must wait for the Clerk of Court to determine the legitimacy of your claim. If it is approved, you will be called to court to argue your stance.
Go to Court
Should your complaint be approved, you and your attorney will head to court to share evidence, interview eyewitnesses, and otherwise establish the facts surrounding your loved one’s abuse while in a nursing home facility. There is no set length of time for which these cases last, but your attorney can help you determine the most favorable outcome and how to work to achieve it.
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Fighting for Your Loved Ones
Our team at Ben Crump Law, PLLC can help you determine how to best present your nursing home abuse lawsuit in a court of law. If you decide to settle a claim outside of the courtroom, we will walk you through your rights to compensation and help determine how much you may be entitled to.
There is no reason for you to let your loved ones suffer at the hands of negligent caretakers. To learn how a nursing home abuse lawyer can help you file a lawsuit, call Ben Crump Law, PLLC today at 800-959-1444.
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