Everybody deserves the proper care to thrive, even if they are in an assisted living facility or nursing home. They should be able to enjoy their retirement after contributing to society with their unique talents. Getting the proper care also means being respected.
Unfortunately, even if a facility strives to uphold a good reputation, there are often cases of abuse. For this reason, if you suspect abuse you should consult a nursing home abuse lawyer. In this Guide, we will explain the significance of seeking legal help.
We previously discussed nursing home abuse lawsuits and the different types. This article will explain why you should seek justice for your elderly loved one and how to do it properly. We will also discuss trial v. settlement.
Why Should You File a Lawsuit Against an Abusive Nursing Home?
Reporting abuse in nursing homes and filing a lawsuit can help you get compensation for the victim, hold the abuser accountable, and send a message that you don’t tolerate mistreatment. Legal action can also force the facility to change its policies and help protect other nursing home abuse victims from being abused.
The Legal Procedure for Filing a Nursing Home Abuse Claim
There are things you should know about filing a nursing home abuse claim properly.
1. Gather the Evidence
Gather evidence like medical records, witness statements, and photos of abuse in the nursing home. Present them to your attorney to build a strong case.
2. File a Complaint
Once you have sufficient proof of the abuse in the nursing home, your attorney may file a complaint with the court that outlines the case’s facts and identifies the involved parties. Sometimes you may include administrator along with the nursing center. This puts the Defendants on notice and they have a limited time to respond or they risk losing the suit.
3. Get the Service of Process
After filing the complaint, your attorney will need to send a copy of the complaint and summons to all individuals involved in the nursing home abuse case. This copy will allow the opposing party to respond to the allegations made in the complaint.
4. Await the Defendnat’s Response
The nursing home and its staff will most likely deny the allegations against them and claim that the victim didn’t experience severe injuries. They will argue that the plaintiff should be ineligible for compensation. It is important to hire a skilled nursing home abuse lawyer to create a winning case.
5. Settlement and Negotiation
After the discovery phase, the two parties will sometimes negotiate for a settlement in a nursing home abuse case. This process means that the parties will try to find a mutually beneficial agreement that avoids a trial. Your lawyer will work to secure the best possible settlement for you during these negotiations. If the liable party can’t reach the agreement, they’ll take it to trial.
What to Consider When Determining Whether to Go Trial or Settlement
When deciding whether to go to trial or seek a settlement for nursing home abuse or neglect, you must carefully consider the extent of injuries, evidence and risks involved. Before deciding, always weigh these factors and seek legal advice.
6. Go to Trial
During the trial, a jury will examine the evidence and determine if there is abuse or negligence, who is responsible for the abuse or negligence and what damages the court should award, if any. If the nursing home is liable, damages may cover medical bills, pain and suffering, and other losses.
7. Appeal the Jury Verdict
If a nursing home or its employees are found guilty of neglect or abuse and award is granted against them, they may appeal the verdict. It is important to make sure you have legal guidance by consulting an experienced attorney.
A Safer Space for Elders
Neglect or abuse in nursing homes can negatively affect residents’ overall well-being. You can seek justice for your elderly loved ones and protect other victims by consulting a professional nursing home abuse lawyer.
If you need an experienced lawyer to handle cases of abuse in nursing homes in Tennessee, let Jehl Law Group help! We have over 65 years of experience and are committed to seeking justice for victims of nursing home abuse. Call us now for a free consultation!