What to Expect During a Nursing Home Abuse Lawsuit
If your aging loved one has been injured by nursing home abuse, and you’ve brought a lawsuit as a result, you have a good deal with which to contend. Your nursing home abuse lawsuit, however, is an important tool that can help you protect your family member’s rights and help you obtain just compensation for him or her. While every nursing home abuse lawsuit follows its own path, there are some universal basics that you can expect along the way. Finally, if your loved one is the victim of nursing home abuse, you need an experienced Clearwater personal injury attorney in your corner.
The Intent of Your Nursing Home Abuse Lawsuit Is Compensation
Your loved one was injured by someone else’s neglect or abuse, and a civil lawsuit allows you the ability to seek compensation for the damages caused by the defendant (the nursing home and/or a member of the administration or staff). Such abuse can include any of the following:
- Neglect – If the nursing home fails to provide adequate nutrition or hydration; necessary assistance with physical movement, personal hygiene, or repositioning; adequate opportunities for social interaction; and/or a safe living environment, it is considered nursing home neglect. Neglect lacks the intentionality of abuse, but it can be just as damaging.
- Abuse – Abuse can come in many forms, but for it to rise to the level of abuse, it must intentionally cause harm. Such abuse can be physical, emotional, financial, and/or sexual in nature.
- Wrongful Death – If the nursing home abuse or neglect ends in death, the law allows you to bring a wrongful death claim on behalf of your lost relative.
Prevailing in Court
In order to prevail in court – or to reach a satisfactory settlement with the insurance company – you’ll need to prove both of the following:
- The nursing home committed the harmful act or acts (whether they are forms of abuse or neglect) that you claim it did.
- The nursing home’s neglect or abuse caused your loved one to be injured (or otherwise harmed).
The Lawsuit Process
The general steps involved in nursing home abuse lawsuits include the following:
- Pleadings – You file a complaint and the nursing home answers that filing. ● Discovery – Each party requests and receives documentation and information from the other to help strengthen their legal arguments moving forward.
- Trial – Most cases settle out of court, but if you are not able to reach a settlement with the nursing home’s liability insurance provider, you’ll proceed to court where both sides present their arguments to the judge or jury, which will provide a verdict.
- Appeal – If either side disagrees with the verdict, they may appeal the decision via the appeals process.
Turn to an Experienced Clearwater Nursing Home Injury Attorney
The compassionate and committed Clearwater nursing home abuse attorneys at Tragos, Sartes & Tragos have the experience, legal acumen, and fortitude to help guide your case toward a just resolution for your loved one. Your case is important, so please don’t hesitate to contact or call us at (727) 441-9030 for more information today.