Is It Difficult to Sue a Nursing Home in 2026?

Suing a nursing home can seem overwhelming at first, especially for families already coping with the emotional toll of neglect or abuse. These cases often involve complex medical records, detailed care plans, and federal and state regulations enforced by agencies like the Centers for Medicare & Medicaid Services.

Nursing homes and their insurers may also attempt to deny responsibility or minimize what happened. Without legal help, it can be difficult for families to know what evidence matters, what deadlines apply, and how to prove that the facility’s failures caused harm.

Experienced nursing home lawyers are trained to handle these challenges and make the process as easy as possible for families. They investigate the facility, obtain medical and staffing records, consult medical experts, and build a clear case showing how the nursing home violated its legal duty of care.

It’s not difficult to sue a nursing home if you work with a top nursing home abuse law firm. The legal process then falls on professionals who understand how to navigate the system successfully.

While nursing home lawsuits can be complex behind the scenes, the right legal team manages the process, keeps families informed, and works to secure compensation and justice. This support allows families to focus on their loved one’s well-being while ensuring the facility is held accountable.

Find a top lawyer near you right now.

What Are the Odds of Winning a Lawsuit Against a Nursing Home?

The odds of winning a lawsuit against a nursing home depend largely on the strength of the evidence, with settlements averaging about $400,000. The stronger the evidence of abuse or neglect, the better the odds of winning a nursing home abuse lawsuit.

Documentation like medical records, internal facility notes, photographs, witness statements, and expert medical opinions can all help establish that the harm was preventable and caused by negligence.

Evidence needed to win a nursing home neglect lawsuit includes:

A documented care plan that was ignored
Covering up negligence or the severity of injuries
Failure to prevent avoidable injuries like bedsores or falls
Delayed medical treatment
Other actions that put a resident at risk

Experienced nursing home lawyers play a critical role in improving the likelihood of success by identifying violations, gathering the right evidence, and presenting a compelling case. The vast majority of claims result in out-of-court settlements, allowing families to get compensation quickly without a trial.

“We can help guide you on how to protect your loved one, preserve evidence, and take the right legal steps without giving the facility a chance to cover up what happened.”

– Ricky LeBlanc, Nursing Home Abuse Attorney at Sokolove Law

While no outcome can ever be guaranteed, families who work with knowledgeable attorneys with the experience needed to build these cases are often in a strong position to hold negligent facilities accountable and secure compensation for the harm their loved one suffered.

How Difficult Is a Nursing Home Abuse Case to Win?

Generally speaking, nursing home abuse cases aren’t difficult to win since evidence can show that care standards weren’t maintained, which resulted in injuries. The difficulty usually comes down to showing that the nursing home failed to provide proper care and that this failure directly caused the resident’s injuries.

Medical records, staffing logs, incident reports, and expert medical opinions can show that harm like bedsores, falls, malnutrition, or untreated infections was preventable and resulted from substandard care — rather than an unavoidable medical condition.

Experienced lawyers for nursing home abuse cases make a significant difference by handling the complex legal and investigative work on behalf of families. They can overcome challenges like residents with cognitive impairments and facilities that are more concerned about their reputation than doing the right thing.

With the right legal team, many cases result in compensation, sometimes in excess of $1 million. While these cases require careful preparation, families who partner with experienced attorneys often find the process far more manageable and place themselves in a strong position to succeed.

How to Sue a Nursing Home in 2026

Suing a nursing home for abuse or neglect begins with determining whether the facility failed to provide proper care and whether that failure caused harm. Families are often the first to notice warning signs like unexplained injuries, bedsores, sudden weight loss, poor hygiene, or emotional withdrawal.

Once concerns arise, an experienced nursing home abuse lawyer can evaluate the situation, explain your legal rights, and guide you through the process.

Suing a nursing home generally includes:

Finding a nursing home abuse lawyer who can determine whether you have a valid claim
Investigating the facility, including collecting medical records, care plans, staffing records, and inspection reports
Working with medical experts to confirm that the harm resulted from neglect or abuse rather than an unavoidable condition
Filing a lawsuit against the nursing home and any other responsible parties
Negotiating a settlement with the facility or its insurance company to seek compensation
Going to trial if necessary, where your attorney presents evidence and argues the case before a judge or jury

With experienced legal representation, families do not have to navigate this process alone. Nursing home abuse lawyers handle the legal burden, keep families informed, and work to hold negligent facilities accountable while pursuing compensation for medical costs, pain and suffering, and more.

Reasons to Sue a Nursing Home

Families choose to sue a nursing home when a facility’s abuse or negligence causes preventable harm to a loved one. These lawsuits are not just about financial compensation — they are about accountability, safety, and protecting other vulnerable residents from similar mistreatment.

When a nursing home fails to meet basic standards of care, legal action can provide answers, secure compensation for medical costs and suffering, and send a clear message that substandard care will not be tolerated.

Common reasons families sue a nursing home include:

Falls resulting in serious injuries, such as fractures or head trauma, due to inadequate supervision
Malnutrition or dehydration from neglecting basic nutritional needs
Medication errors, including missed doses or dangerous overdoses
Physical, emotional, or sexual abuse by staff members or other residents
Severe or preventable bedsores caused by failure to reposition or properly monitor a resident
Untreated infections or medical conditions that were ignored or improperly managed
Wrongful death resulting from neglect, abuse, or inadequate medical care

When these failures occur, experienced nursing home lawyers can investigate what happened, determine who is responsible, and help families pursue justice while easing the legal burden during an already difficult time.

How Long Do You Have to Sue a Nursing Home?

The amount of time you have to sue a nursing home depends on your state’s statute of limitations, which sets a strict legal deadline for filing a lawsuit. In many states, families have between 1 and 3 years from the date of the injury to take legal action.

If the deadline passes, you may lose your right to pursue compensation entirely, regardless of how strong the case is. Because these timelines can vary and certain exceptions may apply, it’s important to speak with an experienced nursing home lawyer as soon as possible.

An attorney can determine the exact filing deadline in your state, preserve critical evidence, and ensure your claim is filed on time, giving your family the best opportunity to seek justice and accountability.

Find Top Lawyers that Sue Nursing Homes Now

At the Nursing Home Abuse Center, we can help families affected by abuse or neglect in a long-term care facility find top lawyers near them with a history of success.

The nursing home attorneys in our network have:

Over 45 years of experience
More than $318 million in results
Helped thousands of families nationwide
No upfront fees or out-of-pocket costs

Get a free case review now to find out if you qualify to sue a nursing home. We’re available 24/7 to answer your questions and explain your legal rights.