How to Sue a Nursing Home?
Nursing home residents and their family members may be able to sue for neglect or abuse in order to hold a long-term care facility accountable for the harm a resident has experienced.
By filing a lawsuit for nursing home abuse, victims may be able to secure compensation and bring attention to issues within the facility, which may prompt changes to prevent other residents from suffering similar mistreatment.
Approximately 94% of nursing homes are understaffed, according to the American Health Care Association and National Center for Assisted Living.
Understaffing can lead to a rise in instances of neglect, but residents or their families may be able to get justice with the help of a compassionate nursing home attorney.
The Fee is Free unless you win.
Evidence You May Need to Sue a Nursing Home
Nursing home abuse and neglect claims require you to prove the financial, physical, and emotional losses as a result of your loved one’s injuries. There are different things that you must prove under the type of claim you have filed. You can understand better what kinds of evidence you need to sue a nursing home by speaking with your lawyer.
Establishing a Nursing Home Injury Claim
Proving your case at trial or negotiation discussions begins by asserting your right to compensation. Claimants accomplish this goal by showing that their allegations are actionable based on certain legal criteria. Actionable is a term that means whether your case has the legal grounds to sue.
Since nursing home abuse and neglect injuries are a part of personal injury law, your case must meet the following specific legal criteria to succeed in court:
- The nursing home was responsible for meeting a general and medical duty of care.
- The nursing home negligently or intentionally breached that duty.
- The breach caused an injury to your family.
- The injuries resulted in financial losses.
Your nursing home abuse or neglect lawyer will gather the necessary evidence to prove this list of criteria.
In addition to personal injury, nursing home abuse or neglect may also fall under the areas of medical malpractice or wrongful death law. The state in which you live has specific regulations and guidelines to comply with the state’s rules of civil procedure.
For a free legal consultation, call (866) 958-4052
Types of Nursing Home Abuse or Neglect
Elder abuse and neglect occur in several ways, and some signs are more obvious than others. You may have a case if your loved one sustains injuries from abuse or neglect in the following areas:
- Social, emotional, and psychological
- Physical or sexual
- Financial
- Medical
- Basic needs
- Personal care
Your loved one has a fundamental right to dignity and respect. A nursing home’s failure to meet the general or medical duty of care outlined under your state’s laws can make you eligible to file a claim for compensation under a settlement or civil court award.
Depending upon the context of the injuries, you can receive money for your or your loved one’s financial, emotional, or physical losses.
Compensation Available After Proving Your Case
Based on the assumption that you can prove your case in court, you can receive a monetary award for your loved one’s injuries. While money cannot restore your loved one completely, it does help in paying for medical care, relocation, and emotional losses.
There are several types of awards that you can pursue, including:
- Current and future medical costs
- Restitution, for financial abuse
- Pain and suffering
- Mental anguish
- Wrongful death awards
- And more
The compensation you can claim is also contingent upon the statute of limitations—or deadline—by which your state governs them.
A nursing home abuse or neglect lawyer is capable of helping you understand your case’s timeline as well as other forms of compensation available. He or she will account for them by documenting your case and gathering evidence over the long-run.
Ways We Can Help
Elder abuse can occur in nursing homes, assisted living, memory care, or in-home services. Our attorneys fight to hold these places accountable.
Nursing Home Abuse
Neglect or harm in nursing homes can be devastating. Our attorneys work to protect victims and secure the support they need.
Assisted Living Abuse
Abuse or neglect in assisted living puts residents at risk. We fight to protect their rights and hold those responsible accountable.
Hospital Abuse
Hospital abuse or neglect can harm patients' health and well-being. We help victims seek accountability and fair compensation.
In-Home Care Abuse
In-home caregiver abuse can cause lasting harm. We hold caregivers and agencies accountable, protecting victims and securing justice.
Memory Care Unit Abuse
Elderly with dementia or Alzheimer’s are vulnerable to abuse in memory care. We advocate for victims, ensuring accountability.
Adult Day Care Abuse
Abuse in adult day care harms elders’ well-being. We uncover wrongdoing and help families seek justice and compensation for their loved ones.
