Nursing Home Abuse Lawyers

Understanding How Nursing Home Abuse Lawyers Can Help

Quick Answer

In 2019, a woman received $1 Million from a nursing home after her mother died from head injuries she sustained after a fall. With the help of a lawyer, other families affected by abuse and neglect may also receive financial compensation. While there are no guarantees, nursing home abuse lawyers can make the legal process easier and may increase the chances of a financial payout.

What Are Nursing Home Abuse Lawyers?

Nursing home abuse lawyers help victims and their families receive financial compensation if a senior was harmed by staff members or other residents in a nursing home.

Nursing home residents often enter nursing homes when they are no longer able to care for themselves. The nursing home and its staff are expected to keep these seniors as healthy as possible.

Unfortunately, these staff members sometimes harm the seniors they were supposed to protect through physical violence, emotional harm, financial extortion, or sexual molestation. This can leave residents badly injured, emotionally scarred, destitute, or dead.

Families who think a loved one has suffered from nursing home abuse should immediately file a report with local authorities and also contact a lawyer with experience in handling nursing home abuse cases.

Nursing home abuse lawyers have dedicated their careers to specifically helping victims of abuse and have the experience, knowledge, and skillset to help seniors receive financial compensation.

Nursing Home Neglect Lawyers

Almost all nursing home abuse lawyers handle cases of neglect cases as well. Although cases of nursing home neglect and abuse are slightly different, but they have similar outcomes.

When a nursing home resident’s needs are neglected, they can be seriously injured or killed. Lawyers can help victims of nursing home neglect and their families take legal action and receive compensation for their suffering.

Quick Facts About Nursing Home Abuse Lawyers

  • Nursing home abuse lawyers work at national law firms across the country and have resources (such as knowledge of nursing home abuse laws and access to previous cases) to help current clients.
  • Most nursing home abuse lawyers work on a contingency basis. This means they charge no upfront fees for their work and will only get paid if they secure compensation for their clients.
  • Nursing home abuse lawyers handle many different nursing home abuse cases, including those involving physical abuse, financial exploitation, sexual assault, and neglect.
  • In some cases, those who filed a lawsuit with a nursing home abuse lawyer received millions of dollars through settlements and trial verdicts.

What Nursing Home Abuse Lawyers Do

A nursing home abuse lawyer will first meet with the victim and/or their immediate family members and determine if they can take legal action.

During this meeting, the lawyer will discuss: 

  • Circumstances surrounding the allegation of abuse
  • History of the victim’s nursing home care
  • The victim’s mental and physical capacities

From this information, the lawyer can recommend a course of action. The next step is typically to file a lawsuit on the victim’s behalf. When this happens, the victim and their family become the plaintiffs of the case.

Through a nursing home abuse lawsuit, a lawyer will want to show that:

  1. The nursing home had a legal duty to care for the victim (usually through a contract).
  2. The nursing home failed to meet the resident’s needs and harmed the resident either through negligence or intentional acts of violence.
  3. As a result of the harm, the resident suffered from serious, long-term, or permanent injuries.

If the lawyer believes the case can be pursued, they will file the lawsuit against the nursing home company, its employees, and/or another resident. These people become the defendants in the case.

The lawyer will then begin an investigation into the facts and gather evidence to support the victim’s case.

How Nursing Home Abuse Lawyers Help

Overall, nursing home abuse lawyers help victims receive financial compensation for the harm they’ve suffered. They can also make the legal process easier for families who do not have experience dealing with legal procedures.

Nursing home lawyers can help:

  • Gather Information

    This includes medical records, witness statements, or photographic evidence.

  • File the Case

    This is done by filing a claim in the proper court and notifying the defendants (those being sued) with formal documentation.

  • Navigate Federal and State Laws

    Different laws affect how, when, and where someone can file a nursing home abuse lawsuit. Nursing home abuse lawyers are familiar with local, state, and national nursing home abuse laws, allowing them to file cases appropriately.

  • Give Plaintiffs a Fighting Chance

    Many nursing homes are run by large corporations that can afford top-notch defense lawyers. By working with an experienced lawyer, families have a better shot at receiving compensation.

  • Prepare for Discovery

    During the discovery phase, both legal teams collect and organize information to build a strong case. This may involve witnesses making testimonies for each legal team.

  • Negotiate a Settlement

    Most nursing home abuse cases rarely go to trial—  instead, both parties reach a settlement. Through a settlement, the case is dismissed and the plaintiffs receive a financial payout.

  • 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, including how much compensation (if any) will be awarded to the plaintiffs.

  • Resolve the Lawsuit

    Lawyers representing both sides will try to resolve the case in a way that is most favorable to them. A trial will resolve when a judge and/or jury reaches a verdict. In some cases, the side that loses can file an appeal to overturn the verdict.

The best lawyers do the legal heavy lifting so that families can focus on healing. They also update their clients as the case moves forward.

How To Work 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, regardless if they help or hurt the case.
  • Compile all available evidence, including the history and timeline of the abuse.
  • Do some research on their history. Have the lawyers you’re considering successfully handled previous nursing home abuse lawsuits?
  • Have patience — legal proceedings can be slow and time-consuming processes.

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?

The best lawyers will charge no upfront fees when they want to work with you and will not get paid unless you win the case. From there, your legal team usually takes a small percentage of the winnings from a settlement or trial verdict.

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 with the knowledge and experience necessary to file your case in proper correspondence with local and state laws.

States with high rates of nursing home abuse include:

You can connect with attorneys in your state by working with a national law nursing home abuse firm. These firms have the resources to help clients across the country.

Find Nursing Home Abuse Lawyers Near Me

In a perfect world, nursing homes would be secure and safe facilities where senior citizens are treated with respect and get the proper care they deserve. Unfortunately, seniors 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, seniors and their families can recover from the trauma that abuse or neglect brings.

To learn about local nursing home abuse lawyers in your area, get a free case review today. Our team can provide you with important information no matter which state you live in.

Author:Avatar
The Nursing Home Abuse Center Team

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.

Last modified: January 9, 2020

View 1 Sources
  1. Thompson, E. (2019, January 31). Beaumont nursing home in Westboro to pay $1M in wrongful death lawsuit. Retrieved November 25, 2019, from https://www.telegram.com/news/20190130/beaumont-nursing-home-in-westboro-to-pay-1m-in-wrongful-death-lawsuit.
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