Find out what steps you can take if you or a loved one experienced nursing home abuse.
What Are Nursing Home Abuse Lawyers?
A nursing home abuse lawyer is a specialized personal injury attorney. These lawyers can take legal action if an older adult was harmed while living in a nursing home.
Through a lawsuit, a lawyer can show that:
- The nursing facility had a legal duty to care for the victim.
- Nursing home staff members harmed a resident through negligence and/or intentional acts of violence.
- The resident suffered long-term or permanent injuries due to the staff members’ actions.
- The resident and their family need financial compensation to heal or treat the victim.
In some cases, those who filed a lawsuit with a nursing home abuse lawyer received millions of dollars through legal settlements and trial verdicts. See if you can work with one of our trusted partner lawyers today. They’ve recovered over $200 million for victims of nursing home abuse and neglect.
Attorneys that focus on cases of nursing home abuse have dedicated their careers to assisting victims. They can help you access compensation that will cover your medical bills and reimburse you for pain and suffering. Get a free case review today.
Nursing Home Neglect Lawyers
Almost all nursing home abuse lawyers handle neglect cases as well. Nursing home neglect occurs when a basic standard of care is not met, resulting in harm to a resident.
When a nursing home resident’s needs are neglected, they can be seriously injured or killed. Lawyers can help victims of nursing home negligence and their families take legal action and receive compensation for their suffering.
How Nursing Home Abuse and Neglect Lawyers Help
A nursing home abuse lawyer guides victims through the legal process and helps them receive financial compensation for the harm they’ve suffered. By working with an experienced lawyer, families have a better shot at receiving compensation.
Lawyers can file cases for many types of abuse, such as:
- Emotional abuse
- Medical malpractice
- Physical abuse
- Sexual abuse
- Wrongful death
Nursing home abuse lawyers work at national law firms across the country. They have knowledge of elder abuse laws, access to previous cases, and other resources to help current clients.
Ultimately, nursing home lawyers can:
Establish the Facts
A nursing home abuse lawyer will first meet with the victim and/or their immediate family members. During this meeting, the lawyer will discuss the alleged abuse or mistreatment, the history of the victim’s nursing home care, and the victim’s mental and physical capacities.
The lawyer will then begin an investigation into the facts and gather additional evidence to support the victim’s case.
This includes medical records, witness statements, or photographic evidence. Lawyers will use this evidence to support the signs of nursing home abuse that the plaintiffs have reported.
Navigate Federal and State Laws
Different laws affect how, when, and where someone can file a nursing home abuse lawsuit. Skilled lawyers are familiar with local, state, and national nursing home laws that can affect case filings.
File the Case
The next step is to file a nursing home abuse lawsuit on the victim’s behalf. When this happens, the victim and their family become the plaintiffs of the case.
The lawsuit must be filed in the proper court system and the defendants (those being sued) must be notified with formal documents. A nursing home abuse lawyer can make sure both of these are done without mistakes or delays.
Prepare for Discovery
During the discovery phase, both legal teams collect and organize information to build a strong case. This may involve witnesses giving testimonies for each legal team.
Negotiate a Settlement
Most nursing home abuse cases rarely go to trial. Instead, both parties reach a settlement that awards the plaintiff with a financial payout. Nursing home abuse lawyers can negotiate strong settlements on behalf of the victim.
Commence a Trial
If a settlement cannot be reached, the case goes to trial. During a trial, a judge and/or jury will make a decision on the case. This includes how much compensation (if any) will be awarded to the plaintiffs.
Lawyers representing either side will try to resolve the case in a way that is most favorable to them. A trial concludes when a judge and/or jury reaches a verdict. The side that loses the trial can sometimes file an appeal to overturn the verdict if a legal error occurs.
Elder abuse attorneys can prepare a strong case in the event the case goes to trial. They also update their clients as the trial moves forward.
Signs You Need a Nursing Home Abuse Lawyer
If you or a loved one was harmed in a nursing home, you might not know for sure if abuse occurred or if a lawyer is needed. However, it never hurts to look into your legal options.
Common signs that you may need an elder abuse attorney include:
- A resident’s behavior or mood has suddenly changed for the worse
- A resident has unexplained injuries (bedsores, broken bones, genital bruising)
- A resident hasn’t received proper medical treatment for wounds or illnesses
- Staff/caregivers have made serious health care mistakes (medication errors, etc.)
- You notice signs of neglect (malnutrition, weight loss, dehydration) in a loved one
- Your loved one wound up in a hospital after staying in a nursing home
- You and your family now face financial hardship due to a resident’s injuries
When in doubt, get a free case review to see if possible warning signs of nursing home abuse or neglect may warrant legal action. Our patient advocates can see if you can work with a nursing home abuse attorney.
Working With a Nursing Home Abuse and Neglect Attorney
If you’re looking to work with a nursing home abuse lawyer, there are a few different ways to make the process easier.
When working with a nursing home abuse lawyer:
- Be transparent and open about the facts in the case.
- Compile all available evidence, including the history and timeline of the abuse.
- Do some research to see if they have successfully handled past nursing home lawsuits.
Remember, it is much easier to work with an experienced attorney with your best interests at heart than filing a lawsuit yourself. If you try to file a lawsuit on your own, you could make mistakes that delay the case or cause it to be rejected.
How Much Does a Lawyer Cost?
Top nursing home abuse lawyers work on a contingency basis. This means they charge no upfront fees for their services. Further, they won’t get paid unless you win the case.
Nursing home abuse lawyers usually take a small percentage of the winnings from a settlement or trial verdict to cover legal costs.
Nursing Home Abuse Lawyers by State
Nursing home abuse laws vary with each state and can affect how and when you file a lawsuit. Because of this, it is key to get a lawyer who can file your case within the limits set by local and state laws.
States with high rates of nursing home abuse include:
You can find attorneys in your state by working with a national nursing home abuse law firm. These firms have the resources to help clients across the country.
See if you can work with an attorney right now.
Find Nursing Home Abuse Lawyers Near Me
In a perfect world, long-term care facilities would treat all senior citizens with the respect and care they deserve. Unfortunately, older adults who fall victim to nursing home abuse may carry the physical and emotional scars for the rest of their lives.
By working with an experienced nursing home abuse lawyer, elders and their families can recover from the trauma and afford needed medical care.
To learn about local nursing home abuse lawyers in your area, get a free case review today. Our team can provide you with key information right now.
FAQs About Nursing Home Abuse Lawyers
What do nursing home abuse lawyers do?
Nursing home abuse lawyers handle much of the work that comes with a lawsuit. They can file a lawsuit on behalf of a victim or their family and represent their best interests as the case moves forward.
The overall goal of nursing abuse lawyers is to secure compensation from those who harmed an elderly person.
What kind of lawyer can sue a nursing home?
Personal injury lawyers that specialize in handling nursing home abuse cases are the best option for those looking to file. These lawyers have the experience, resources, and dedication needed to maximize the value of your case.
General personal injury lawyers may not know how to build the strongest case possible, meaning victims could wind up with no compensation or less money than their case is worth.
How much does it cost to work with a nursing home abuse lawyer?
Most personal injury lawyers work on a contingency basis. This means they charge no upfront fees for their work. They will only get paid if they secure compensation for their clients.
What types of cases do nursing abuse lawyers handle?
Nursing home abuse lawyers can take on many different nursing home abuse cases. This includes ones involving physical abuse, financial exploitation, sexual assault, and neglect.