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Nursing Home Legal Advice

Understanding Legal Options

Quick Answer

There is no excuse for nursing home abuse and neglect. One of the best ways to hold abusers accountable is to seek nursing home legal advice. Experienced nursing home lawyers and law firms handle the legal process with compassion and expertise, making it as stress-free as possible for those who have already suffered so much. Lawsuits can help families get the justice and compensation they deserve.

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How Do I Get Nursing Home Legal Advice?

An older couple meets with a lawyer to get nursing home legal advice.You can get nursing home legal advice by connecting with a skilled lawyer. Generally, you should look for an attorney who works at a law firm that focuses on nursing home abuse and neglect cases.

With experience handling these legal claims, lawyers at top nursing home law firms can provide comprehensive guidance on a range of issues. Additionally, they will handle the heavy lifting for you if you take legal action.

Legal help for nursing home abuse can mean:

  • Ensuring nursing home residents are kept safe moving forward
  • Getting financial compensation to cover medical expenses or funeral costs
  • Holding abusers accountable for their wrongdoings
  • Sending a message that nursing home abuse is inexcusable

The Nursing Home Abuse Center works with an extensive network of top nursing home law firms across the nation. Together, they have helped families recover over $273 million in nursing home settlements and verdicts.

Our team can match you with an experienced nursing home law firm near you if you qualify.

Get a free case review right now to see if we can help your family.

Free Case ReviewFree Case Review

Get a free legal case review if you or a loved one has suffered abuse or neglect.

Get a Free Case Reviewor call (855) 264-6310

Nursing Home Abuse Lawyers

When you take legal action against a negligent facility, it’s important to work with a skilled nursing home abuse attorney.

Nursing home lawyers are personal injury attorneys who specialize in elder abuse cases. Therefore, they are often better prepared than general lawyers to handle nursing home claims.

They can work with you to build a strong legal case and will serve as your advocate within the court system.

A nursing home abuse lawyer can:

  1. Provide a free consultation: The best lawyers will offer a free case review to see if you may have a valid nursing home claim.
  2. Investigate the neglect or abuse: Next, your nursing home lawyer will carefully evaluate the details to determine if a facility or staff member was negligent.
  3. Collect evidence: Nursing home lawyers will gather medical records and bills, expert opinions, and other relevant evidence to build a strong case.
  4. File your lawsuit: They will handle each step of the legal process, ensuring all documents are filed correctly and within your case’s specific deadlines.
  5. Negotiate on your behalf: Your lawyers will work to secure the highest nursing home settlement without you going to court.
  6. Represent you in court: Finally, if a nursing home settlement isn’t reached, they will take your case to trial to continue fighting for your family.

There are many personal injury lawyers out there. However, working with dedicated nursing home abuse attorneys can be the most beneficial in the long run.

Skilled nursing home lawyers have proven track records handling lawsuits against negligent facilities. Don’t take a chance on getting the best nursing home legal advice.

Connect with a nursing home lawyer now by calling (855) 264-6310. Our team is standing by to help you get started.

Nursing Home Abuse Law Firms

Top attorneys work at nursing home abuse law firms that specialize in handling legal claims that involve neglect and abuse in nursing facilities. For this reason, many families seek nursing home legal advice from these reputable firms.

Did You Know

Nursing home law firms navigate complex federal and state regulations to win settlements for residents harmed in nursing homes, assisted living facilities, and other long-term care facilities.

While there are thousands of law firms in the United States, not all of them are properly equipped to handle nursing home abuse cases. Accordingly, it is important to get legal help for nursing home abuse from a firm with experience.

Nursing home abuse law firms have access to:

  • Databases of resources to help strengthen claims
  • Information from past lawsuits that can help with similar cases
  • The most recent nursing home abuse laws, including statutes of limitations

By working with a nursing home abuse law firm, you can rest assured knowing that a professional team will handle your case. With the right legal help for nursing home abuse, you may be able to get the financial compensation and justice your family deserves.

Find a top nursing home abuse law firm near you. Get a free case review right now.

Nursing Home Abuse Lawsuits

A nursing home abuse lawsuit is filed against the facility, on-staff caregivers, and/or other residents. These lawsuits seek financial compensation for the victim’s injuries.

Steps to Filing a Lawsuit

Seeking nursing home legal advice may help you determine if filing a lawsuit is right for your family.

You may be eligible to file a nursing home lawsuit if:

  • Someone you love was abused, injured, or neglected in a nursing facility
  • As a result of the injuries, your loved one suffered from long-term or permanent disabilities
  • Your loved one died as a result of abuse, mistreatment, or neglect
  • You and your family now face extra health care expenses

While suing for nursing home abuse cannot undo the harm done, it can help families receive the compensation they need to navigate life after this trauma.

Nursing Home Abuse Compensation

A top reason for seeking nursing home abuse legal help is that it can lead to financial compensation. Nursing home abuse case values can be worth $1 million or more.

Nursing home compensation can help cover the costs of medical treatments and damages caused by neglect or abuse, including emotional pain and suffering.

Our nursing home legal partners have helped families secure these payouts:

  • $2.2 million for a resident in Rhode Island who suffered a heart attack
  • $2 million for a California woman with dementia who died due to denied care
  • $1.75 million for a Massachusetts man who died in a fire caused by neglect
  • $1.5 million settlement for a Minnesota woman with stage 4 bedsores
  • $1.35 million settlement for an Alabama resident with a shoulder injury
  • $1.2 million settlement for an Illinois nursing home resident
  • $1.18 million settlement for an Indiana nursing home resident
  • $1.11 million settlement for a Florida woman who suffered a heart attack
  • $890,000 settlement for a nursing home resident in Kentucky
  • $500,000 settlement for a New York resident related to diabetic care

The vast majority of nursing home abuse lawsuits are resolved through out-of-court settlements. In a successful nursing home abuse settlement, you will be awarded money, and the lawsuit will end.

A case may go to trial if both sides cannot reach a settlement. In this case, the lawsuit will proceed to court, where a judge or jury will decide the outcome.

For this reason, it’s important to get experienced nursing home legal advice to improve your chances of securing compensation

The lawyers in our extensive legal network have helped families recover over $273 million for nursing home abuse and neglect.

Find out if they can help you, too, by getting a free case review right now.

Free Case ReviewFree Case Review

Get a free legal case review if you or a loved one has suffered abuse or neglect.

Get a Free Case Reviewor call (855) 264-6310

When Should I Seek Nursing Home Legal Advice?

Consider seeking nursing home legal advice as soon as you suspect a facility may be negligent.

Each state limits how much time you have to sue a nursing facility through laws called statutes of limitations. Although these laws vary by state, the average statute of limitations for nursing home abuse is 2-3 years.

If you miss the statute of limitations for your case, you will not be able to file a lawsuit or pursue nursing home abuse legal help.

Find peace of mind by connecting with a nursing home abuse law firm without delay. Lawyers at these firms understand the importance of acting within the statute of limitations. They can help you file your case in time.

Call our team day or night at (855) 264-6310 or Click to Live Chat right now. We may be able to connect you with top legal help for nursing home abuse.

Nursing Home Abuse Laws

Older adults, especially those living in nursing facilities, are among the most vulnerable members of our population. Therefore, they are given special legal protections.

Elder abuse laws outline protections for residents of assisted living facilities, establish programs to help report nursing home abuse, and determine criminal punishments for those who harm elders.

“Residents in a Medicare and/or Medicaid-certified nursing home have certain rights and protections under federal and state law.”

—Medicare.gov

Learn more below about federal and state-specific nursing home abuse laws that are designed to protect the well-being of older Americans and prevent mistreatment.

Federal Nursing Home Abuse Laws

One notable federal nursing home abuse law is the Nursing Home Reform Act of 1987. This law established new standards of care at nursing homes throughout the country.

Another important law is the Older Americans Act (OAA). This law was enacted in 1965 to ensure all seniors receive an adequate level of care.

As part of this act, older adults were given the right to access a network of free legal services to protect their quality of life and well-being. With over 20,000 OAA community service providers nationwide, more than a million hours of legal services are accessed every year.

To supplement these laws, the federal government has established several departments to help protect older adults from abuse.

Programs that fight elder abuse include:

  • Administration of Aging (AoA)
  • Adult Protective Services (APS)
  • Centers for Medicare & Medicaid Services (CMS)
  • Long-Term Care Ombudsman Programs
  • U.S. Department of Veterans Affairs (VA)

Families can keep up with these laws and programs by contacting local government representatives.

Reach out to us directly.

Contact us directly for fast, personalized assistance from our dedicated team.

(855) 264-6310

Nursing Home Abuse Laws by State

Outside of national laws, state laws also protect nursing home residents from abuse and neglect.

Some states try to tackle the problem before it starts. For example, more than a dozen states have laws that allow cameras in nursing homes. These cameras can help catch nursing home abuse and also prevent it from happening in the first place.

Here are examples of state nursing home laws:

  • California has the Elder Abuse and Dependent Adult Civil Protection Act, which outlines who is legally required to report abuse. The state also has laws in place to punish facilities. For example, a California facility received a $20,000 fine after police charged a staff member with attempted sexual abuse.
  • Two notable Florida laws — statutes 400 and 429 — establish residents’ rights and standards for nursing homes and adult day care centers, emphasizing protection and quality of care.
  • Illinois has passed a series of laws to combat elder abuse. The Illinois Elder Abuse and Neglect Act went into effect in 1988 to help social workers and police respond more effectively to abuse and neglect. The Illinois Nursing Home Care Act, which passed in 2011, focused on improving the quality of life at nursing homes.

Get Legal Help for Nursing Home Abuse

When seeking nursing home legal advice, consider the experience and reputation of the lawyers and law firms you work with.

The team at the Nursing Home Abuse Center understands that your loved one’s safety is your top priority. Every action you take is geared toward ensuring that they live with dignity and joy.

Choosing the right legal help for nursing home abuse can make a big difference in the outcome of your case and, ultimately, in your loved one’s quality of life.

Nursing home cases are complex and require a lawyer who is not only experienced in the law but also dedicated to advocating for your family’s unique needs.

Top nursing home lawyers with the right experience can guide you through the legal process with clarity. They work hard to uphold your rights and fight for the compensation your family deserves.

We partner with some of the nation’s best nursing home abuse lawyers. Our team can help you find answers and advise you on the next steps to take.

Contact us right now at (855) 264-6310 or fill out this form for a free case review.

Nursing Home Legal Advice FAQs

What can you sue a nursing home for?

You may be able to sue a nursing home for a variety of issues.

Past nursing home lawsuits have been filed for:

  • Bedsores
  • Deadly infections
  • Dehydration
  • Physical harm (broken bones, bruises)
  • Sexual assault
  • Wrongful death
  • Other types of nursing home neglect and abuse

If your loved one was seriously injured or died in a nursing home, you may have a case. Contact us right now to get nursing home abuse legal help.

Can you sue for nursing home neglect?

Yes. You may be able to sue for nursing home neglect if serious or deadly harm occurs. Older people are especially vulnerable to neglect, as many have health problems that must be carefully monitored.

For example, a man filed a nursing home wrongful death lawsuit after his wife was swarmed by ants in a nursing home and died shortly after. He claims that the nursing home was extremely neglectful and is responsible for his wife’s death.

How do you prove nursing home negligence occurred?

To prove nursing home negligence occurred, you’ll need to show:

  • That the nursing home did not provide proper care to a resident
  • As a result of improper care, the resident was harmed or died

Nursing home negligence attorneys can help you meet these criteria and sue a facility for neglect.

Find out if we can connect you with a skilled lawyer near you by calling our team at (855) 264-6310 right now.

How much is my nursing home case worth?

Some past cases have awarded millions of dollars to families. In 2020, the family of a nursing home resident received $5.5 million in a jury verdict. The lawsuit claimed that the resident was in relatively good health before she fell at the nursing home and broke her neck.

The case value of a nursing home abuse lawsuit depends on the abuse victim’s injuries and other financial awards for pain, suffering, and emotional damages.

 

Can I take legal action if criminal charges have been filed?

Yes. You may be able to take legal action even if an arrest is made. In a nursing home lawsuit, you take civil legal action against the facility. Conversely, those under arrest face criminal charges, not civil ones.

For example, in June 2019, a family sued a staff member at a skilled nursing facility who was criminally charged with beating a resident.

Is it difficult to take legal action against a nursing home?

Not necessarily. When you work with a skilled nursing home lawyer, the process can be much easier than if you tried to take legal action on your own.

Lawyers can build and file your case within set deadlines without extra hassles for you or your family members. They can then pursue the highest amount of compensation possible for your case.

Nursing Home Abuse Support Team
Julie Rivers HeadshotReviewed by:Julie Rivers, MBA

Eldercare Advocate & Expert

  • Fact-Checked
  • Editor

Julie Rivers is an eldercare advocate with over 15 years of dedicated service to victims of nursing home abuse and neglect. Her journey in this field became deeply personal when she assumed the role of an unpaid caregiver during her mother’s battle with Alzheimer’s disease.

The Nursing Home Abuse Center (NHAC) was founded to bring justice to those affected by nursing home and elder abuse. Our mission is to educate and empower victims of abuse and their families to take a stand against this unlawful mistreatment. We work to return dignity back to those who have been broken down by nursing home abuse and neglect.

  1. California Legislative Information. (2024, January 1). Chapter 11. Elder Abuse and Dependent Adult Civil Protection Act. Retrieved April 1, 2024, from https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=15630.&lawCode=WIC
  2. Gokavi, M. (2019, June 8). Family sues area nursing home, worker for alleged abuse. Retrieved April 1, 2024, from https://www.daytondailynews.com/news/crime–law/family-sues-area-nursing-home-worker-for-alleged-abuse/EhlFgb2Bff4dyHaAcDimpI/
  3. Online Sunshine. (2023). The 2023 Florida Statutes (including Special Session C). Retrieved April 1, 2024, from http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499%2F0429%2F0429.html
  4. Palmer, P. (2020, January 24). Jury awards $5.5M to family over 89-year-old woman’s injuries at Tarzana senior facility. Retrieved April 1, 2024, from https://abc7.com/avantgarde-tarzana-senior-living-facility-lawsuit-sherill-phillips/5874487/
  5. Streicher, B. (2019, May 22). Mount Pleasant nursing home faces wrongful death lawsuit amid history of problems. Retrieved April 1, 2024, from https://www.live5news.com/2019/05/22/mount-pleasant-nursing-home-faces-wrongful-death-lawsuit-amid-history-problems/
  6. Tabin, S. (2019, October 20). Webster House fights $20,000 fine over sexual abuse of patient. Retrieved April 1, 2024, from https://padailypost.com/2019/10/20/webster-house-fights-20000-fine-over-sexual-abuse-of-patient/
  7. USAging. (n.d.) Older Americans Act. Retrieved April 1, 2024, from https://www.usaging.org/olderamericansact#:~:text=This%20infrastructure%20is%20defined%20in,than%2020%2C000%20community%20service%20providers
  8. Woodworth, W. (2019, September 4). $3 million lawsuit alleges elder abuse, wrongful death at Salem senior care home. Retrieved April 1, 2024, from https://www.statesmanjournal.com/story/news/2019/09/04/lawsuit-alleges-wrongful-death-salem-senior-care-home-elder-abuse-oregon/2198576001/