West Virginia Nursing Home Lawsuit

Understanding West Virginia Nursing Home Abuse Lawsuits

A West Virginia nursing home abuse lawsuit is a legal claim filed against nursing homes, assisted living facilities, and other long-term care facilities in the state.

West Virginia nursing home lawsuits seek justice for all forms of nursing home abuse, like neglect, physical abuse, and sexual assault.

Nursing homes have a duty to keep residents safe and provide a secure living environment. When they don’t live up to their obligations, a West Virginia nursing home abuse lawyer can work to hold them accountable.

The Nursing Home Abuse Center partners with nursing home lawyers who have secured over $304 million for families impacted by neglect and abuse, including in West Virginia.

The skilled attorneys in our network never charge any upfront costs and can help families across the state. See if a top West Virginia nursing home neglect lawyer can seek compensation for you with a free, no-obligation case review.

Get a Free Case Review by

Fight back against nursing home abuse and neglect — start now with a free case review.

Start My Free Case Reviewor call (855) 264-6310

West Virginia Nursing Home Lawsuit Case Values

Compensation from West Virginia nursing home lawsuits comes from settlements and trial verdicts. In most cases, families access money through out-of-court settlements, which typically provide faster access to funds with less stress.

While West Virginia nursing home abuse lawsuit settlement amounts may vary, some families have gotten life-changing sums of money.

Reported West Virginia nursing home lawsuit case values include:

• $91.5 million for the family of an 87-year-old woman with dementia and Parkinson’s disease who died due to dehydration and kidney failure (later settled for $38 million after an appeal)
• $700,000 for failure to prevent bedsores, a hip fracture, and an infection
• $750,000 to a resident who suffered severe health complications after drinking rubbing alcohol that was not properly secured
• $1.37 million for the family of a resident in Morgantown who passed away from a MRSA infection caused by improper care of a surgical site

Nursing home abuse case values are influenced by factors such as the severity of harm, the amount of medical expenses, and whether punitive damages are awarded to penalize the facility for its wrongdoing.

A skilled lawyer can assess your case to determine the amount of damages you may be entitled to from a West Virginia nursing home abuse lawsuit and fight to secure as much compensation as quickly as possible.

Get started right now by calling us at (855) 264-6310 or Click to Live Chat.

Benefits of Filing a West Virginia Nursing Home Lawsuit

Filing a West Virginia nursing home lawsuit provides several benefits to victims and families, allowing them to seek justice and even prevent future harm in some cases.

If you suspect abuse or neglect, taking legal action may be the most effective way to seek justice and make lasting change.

Benefits of filing a West Virginia nursing home lawsuit include:

• Accessing compensation for medical bills, care costs, and funeral expenses in wrongful death cases
• Holding negligent facilities and staff members responsible for their actions
• Preventing future abuse by exposing dangerous practices and pushing for better care

Families often find a sense of closure in knowing they stood up for their rights and helped bring attention to nursing home abuse.

Types of West Virginia Nursing Home Lawsuits

Nursing home abuse and neglect can take many forms, each with devastating consequences. Families may be eligible to file West Virginia nursing home abuse lawsuits based on the specific type of harm they experienced.

To file a West Virginia nursing home neglect lawsuit, your attorney must collect evidence showing the facility owed you or a loved one a duty of care, violated that duty, and caused harm.

West Virginia nursing home lawsuits may involve:

• Bedrail injuries
• Dehydration or malnutrition
• Fractures or broken bones
• Inadequate diabetic care
• Injuries due to nursing home falls
• Medication errors or overmedication
• Pressure ulcers, like stage 4 bedsores
• Sepsis from untreated infections
• Sexual abuse by staff or other residents
• Wrongful death

Nursing home neglect happens when facilities fail to provide the basic care and attention that residents need to stay safe and healthy. While not always intentional, neglect can be just as harmful as abuse.

Suing a nursing home for negligence is a way for a family to pursue compensation while holding the facility accountable.

Steps in West Virginia Nursing Home Lawsuits

Filing a West Virginia nursing home lawsuit involves several key steps on the path to justice and compensation.​ By knowing how their case will unfold, families may feel more confident about taking legal action.

A West Virginia nursing home abuse lawsuit typically involves:

1. A free legal consultation: Top nursing home abuse lawyers offer free case reviews to determine if you may have a case.
2. Evidence collection: Your legal team will gather evidence to show that the facility’s negligence caused harm. This may include medical records, nursing home logs, and eyewitness testimony.
3. Paperwork preparation: Using this evidence, your attorney will build a strong case and file your West Virginia nursing home abuse lawsuit before any state deadlines.
4. Settlement negotiations: Your nursing home lawyer will strive to secure compensation outside of court.
5. Court representation: If your case doesn’t settle, your team can fight for compensation from a nursing home abuse trial verdict.

Navigating a West Virginia nursing home lawsuit can be complex, but with the right legal team by your side, families can focus on caring for their loved one without any distractions.

Who Can File a West Virginia Nursing Home Lawsuit?

Victims of nursing home abuse and their family members may be able to file a West Virginia nursing home lawsuit if a facility caused harm.

These parties may be able to file a West Virginia nursing home abuse lawsuit:

1. Individual victims: If you suffered neglect or abuse in a nursing home or other care facility
2. Family members: Spouses, children, or other relatives of a loved one harmed due to abuse or neglect
3. Estate representatives: Executors or personal representatives, if the abuse led to the resident’s death

In some cases, a resident may be unable to advocate for themselves due to a physical or cognitive impairment.

Immediate family members or legally appointed guardians can take legal action on a resident’s behalf if a power of attorney or other legally binding agreement is in place.

An attorney can review your case and let you know if you may be eligible to file a West Virginia nursing home neglect lawsuit. Get started with a free case review.

When Should I File a West Virginia Nursing Home Lawsuit?

The best time to file a West Virginia nursing home lawsuit is as soon as possible. Laws called statutes of limitations limit how much time you have to take legal action against a nursing home.

The statute of limitations for a West Virginia nursing home abuse lawsuit is typically 2 years from the date of the injury or a loved one’s death.

Delaying legal action can have significant consequences, such as the loss of evidence, making it more difficult to build a strong case.​ Also, failing to file within the statute of limitations can result in the dismissal of your case, even if it’s strong.​

Don’t delay: Reach out to our team to get help filing a West Virginia nursing home neglect lawsuit right now.

Call us at (855) 264-6310 to get started.

Elder Abuse Laws in West Virginia

West Virginia has strict laws to protect incapacitated adults — individuals aged 18 or older who, due to age, physical, mental, or other infirmities, are unable to perform daily activities necessary for sustaining life.

Caregivers, whether individuals or facilities, who assume responsibility for such adults are legally obligated to ensure their safety and well-being.​Those found guilty of neglect or abuse face serious legal consequences, including fines and jail time.

West Virginia law defines several types of mistreatment:

• Abuse: The intentional infliction of bodily injury on an incapacitated adult​
• Neglect: The unreasonable failure by a caregiver to provide necessary care to ensure the physical safety or health of an incapacitated adult
• Bodily injury: Substantial physical pain, illness, or any impairment of physical condition​
• Serious bodily Injury: Harm that risks death, causes lasting disfigurement, or long-term damage to health or organ function

These regulations highlight West Virginia’s commitment to protecting vulnerable adults and ensuring that caregivers are held accountable for their actions.

Anyone who suspects elder abuse is encouraged to report it to the West Virginia Bureau for Social Services at 1-800-352-6513.

An attorney can also help you report abuse in addition to filing a nursing home abuse lawsuit on your behalf.

West Virginia Nursing Home Lawsuit Service Areas

The lawyers and law firms that we have partnered with can help families across the state file West Virginia nursing home abuse lawsuits.

Our West Virginia service areas include:

The attorneys in our network can assist families throughout the state in filing West Virginia nursing home neglect lawsuits. Even if your city is not listed, call the Nursing Home Abuse Center right now at (855) 264-6310 to see if we can help.

Get Help Filing a West Virginia Nursing Home Lawsuit

If you or a loved one has experienced abuse or neglect in a West Virginia nursing home, it’s crucial to act promptly to protect your rights.

Filing a nursing home lawsuit can help hold negligent facilities accountable and provide compensation for medical expenses, pain and suffering, and other damages.​

The Nursing Home Abuse Center works with a team of attorneys who have recovered over $304 million for families affected by neglect and abuse, including in West Virginia.

Our West Virginia nursing home abuse attorneys never charge any upfront costs or hourly fees and can handle all of the legal work for you.

Call us right now at (855) 264-6310 or get a free case review to see if we may be able to help you seek justice.