Guide to a Nursing Home Abuse Lawsuit

Nursing homes should be places where elderly and disabled patients can find rest, care, and competent treatment. Unfortunately, this is not always the case. Neglect and abuse in such facilities are alarmingly common, ranging from physical injuries to emotional trauma.

If you suspect your family member is a nursing home abuse victim, you must take immediate action to protect them and seek justice. You need a dedicated lawyer who is equipped to navigate the complexities of nursing home abuse lawsuits to hold the responsible parties responsible.

Guide to Nursing Home Abuse Lawsuits: Understanding the Legal Process

If you or someone you care about has suffered abuse in a nursing home, you need to understand the legal avenues available to you. The following is a straightforward guide to the legal process involved in nursing home abuse lawsuits:

1.   Identify the Abuse or Neglect

Start by clearly identifying instances of abuse or neglect. This might include physical abuse, emotional abuse, neglect, or financial exploitation. Documenting every detail, with dates and descriptions of each incident, forms the foundation of your legal claim.

2.   Consult a Nursing Home Abuse Lawyer

Engage with an attorney who is knowledgeable in nursing home abuse cases. An experienced nursing home abuse lawyer will provide you with a clear understanding of your rights and help you navigate the complexities of the law. He or she will assess the strength of your case and advise on the best course of action.

3.   Gathering Evidence

Your attorney will help collect crucial evidence to support your case. This includes medical records, eyewitness accounts, and expert testimonies. Photographic evidence of the conditions and injuries can also be powerful in proving your case.

4.   Filing the Lawsuit

Once your attorney has gathered all necessary information, we will file a lawsuit on your behalf. This legal action formally accuses the nursing home of abuse or neglect and seeks compensation for damages caused.

5.   Discovery Phase

During discovery, information and evidence related to the case is exchanged by both parties. This phase allows your attorney to gather more evidence from the other party and clarify the facts of the case.

6.   Initiating Negotiations

Generally, nursing home abuse cases are settled out of court. Your attorney may be able to negotiate a settlement with the defendant that adequately compensates for the damages without going to trial.

7.   Trial

If a settlement cannot be reached, your case will go to trial. Both sides present their arguments and evidence, leaving it up to the judge or jury to make a decision regarding liability and potentially award damages.

8.   Appeal

If you are unsatisfied with the trial’s outcome, you may have the option to appeal the decision. We advise you on whether an appeal is a viable option based on the circumstances of your nursing home abuse case.

Types of Damages You May Recover in a Nursing Home Abuse Lawsuit

When initiating a nursing home abuse lawsuit, understanding the types of damages you may recover is essential. Compensation can address the physical, emotional, and financial impacts of abuse. The following are the common types of damages you may be able to recover:

  • Medical Expenses: Recovering costs for medical care related to the abuse is often a primary goal. This includes hospital stays, doctor visits, medications, physical therapy, and any future medical expenses necessary due to the abuse.
  • Pain and Suffering: Losses for physical pain, which addresses the emotional distress caused by the abuse. This can include compensation for anxiety, depression, and loss of enjoyment of life.
  • Emotional Distress: Abuse often leaves lasting psychological impacts. Damages for emotional distress cover the mental anguish and trauma resulting from the abuse, potentially including costs for counseling and psychiatric care.
  • Loss of Quality of Life: If the abuse significantly diminishes the victim’s quality of life, you may recover damages for this loss. This includes any reduction in the ability to engage in activities or enjoy life as before.
  • Punitive Damages: In cases where the abuse was particularly egregious, punitive damages may be awarded. These are intended to punish the opposing party and deter similar behavior in the future.
  • Wrongful Death: If the abuse leads to the victim’s death, the family may pursue a wrongful death claim. This can cover funeral expenses, loss of companionship, and other related costs.

Pursuing these damages is not just about financial compensation—it’s about ensuring accountability and securing a safer future for your loved ones.

Nursing Home Abuse Lawyers at Eric Ratinoff Law Corp.

At Eric Ratinoff Law Corp., we understand the emotional and physical toll that nursing home abuse can take on families. We have held negligent parties accountable for their injuries for over thirty years.