How Can I File a Nursing Home Abuse Lawsuit?

Many elderly people who live in nursing homes are disabled or frail. While this should mean that they receive the priority care that they need and deserve, it often opens the door for nursing home staff to abuse and take advantage of them. Sometimes, this happens because nursing home employees take their anger and frustration out on their residents, and their residents are too weak or incapacitated to fight back or defend themselves.

If you believe your elderly loved one’s safety is at risk, and that they are being harmed in a nursing home, you may benefit from speaking to a nursing home abuse & neglect lawyer.

What can filing a nursing home abuse lawsuit do?

Filing a nursing home abuse lawsuit can hold the at-fault parties accountable for their harmful actions and negligence. Therefore, if a nursing home has abused your family member, you can file a nursing home abuse lawsuit against them to hold them liable for the physical, mental, and financial hardships they have caused your family member. A successful claim could allow you to recover compensation to help you cover your family member’s medical bills, psychological fees, moving costs, and more. You may also be able to prevent them from putting other residents through the same or similar situations.

Steps to gather evidence

There are certain steps you can take to gather relevant evidence to support your nursing home abuse lawsuit, such as:

• Talk to your elderly loved one about what they have gone through. If they are hesitant to talk about it, you should not push them to do so. Remain patient and let them know you will listen when they are ready.
• Take photos and record videos of the injuries on your loved one’s body, the condition of their room or bedding, or anything that seems out of the ordinary that could be considered neglect or abuse.
• Write down the conversations you have had with your loved one about the abuse. Document statements they have made that signal abuse and any mentions of fear caused by the staff.
• Be sure your loved one receives medical attention if you notice any signs of abuse. Record what the doctor says and ask for copies of your loved one’s medical report.
• Ask for a copy of every report or complaint you have made to the nursing home about your loved one. If you have informed the police about the abuse, you can also ask for a copy of your report from the police department.
• Communicate with other residents or workers who may have noticed abusive acts occurring. Keep their contact information.

Legal requirements for filing a nursing home abuse lawsuit

Before filing a nursing home abuse lawsuit, you should make sure that you meet the legal requirements. A few of the legal requirements include:

• Grounds for a lawsuit: You must have grounds for a nursing home abuse lawsuit. Some of the most common grounds that clients have for this type of lawsuit are physical assault, sexual assault, neglect, financial abuse, fraud, mental anguish, emotional distress, negligent hiring, wrongful death, and more.
• Negligence existed: You must be able to successfully prove that negligence occurred. To show this, you must prove that the nursing home owed your loved one a duty of care, that they breached their duty of care, that the breach directly caused your loved one’s injuries, and your loved one suffered damages as a result.
• Statute of limitations: The statute outlines the time you have to file a claim. If you miss the deadline, the judge will likely dismiss your case, which means you will never have the opportunity to hold the nursing home accountable for their negligent behavior. California typically gives individuals two years to file a lawsuit for physical abuse, Louisiana gives individuals one year to file a lawsuit, and Arizona gives individuals one year to file a lawsuit.

How to choose the right nursing home abuse attorney

It can be difficult to choose the right nursing home abuse attorney for your case. Therefore, to help you out, here are a few things you should look for:

• Experience in nursing home abuse cases
• Proven track record for winning nursing home abuse cases
• Good reviews, ratings, and testimonials from previous clients
• Eagerness to discuss and help you
• Willingness to schedule a free consultation to learn more about your situation
• Having a detailed plan on how to help you achieve justice for your loved one

Once you find a firm you are interested in, you should schedule a consultation to see what they say about your case, learn how they can assist you, and determine how you communicate and interact with one another.

What to expect during the litigation process

The litigation process consists of various phases. Below, we will go over a few of these phases to give you an idea of how to prepare or what to expect going forward.

• Filing the lawsuit: When the lawsuit is officially filed, it will be served to the appropriate parties mentioned in the lawsuit.
• Discovery phase: All parties can ask questions, look at the evidence, and interview witnesses.
• Trial phase: During the trial phase, the judge or jury will listen to both sides of the story, review the evidence provided, and decide if the defendant is liable for the nursing home abuse and what award is appropriate.

It’s worth noting that the case may be resolved at any point through a settlement. Even though it’s important for attorneys to prepare as if they’re heading to trial, most cases will settle.

Contact the nursing home abuse lawyers at Garcia & Artigliere if you believe a loved one has suffered abuse or neglect in their nursing home. Please call our office or submit our contact form to schedule a consultation at no cost today. We are located in Los Angeles, Long Beach, New Orleans, and Phoenix for your convenience.