In the aftermath of nursing home abuse and neglect, victims and families may not know what to do. You have a right to recover compensation through a nursing home abuse lawsuit. However, these cases are complex. It’s best to work with an experienced nursing home neglect lawyer.
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When it comes to filing a lawsuit against a nursing home or other disabled care facility, you shouldn’t do it alone. These facilities are usually backed by large corporations and their insurance companies that will do anything to limit their liability.
Nursing Home Justice isn’t afraid of these corporate goliaths and is determined to make you whole again. Founding attorney Mac Hester has over 35 years of legal experience and approaches each case personally to give victims the respect they deserve.
We’ll hold negligent nursing homes accountable for their actions and get you the compensation you need to recover.
Nursing home abuse lawsuits can help you get financial compensation for the harm that was caused by nursing homes and their staff. They can also work to correct improper nursing home practices and prevent future harm to the victim and other residents.
This is a type of civil lawsuit where victims and family members (the plaintiffs) may be eligible to file a lawsuit against a nursing home and its related corporate entities (the defendants) for injuries and damages caused by abuse or intentional wrongdoing.
A lawsuit can help you get the compensation you need to cover the damages that were caused by the negligence or intentional wrongdoing of a nursing home or its employees. You should talk to a nursing home abuse lawyer if you or your loved one has experienced any of the following:
When seeking a nursing home settlement or civil lawsuit verdict, you can get financial compensation to cover all of your damages.
Some of the losses you can cover include:
Additionally, you can get damages for wrongful death if the patient passes away due to nursing home malpractice. If your loved one dies in a nursing home, you may be able to get compensation for the following:
designated beneficiary (e.g., decedent was a rehab patient who was going to return to work)
The representative of the decedent’s estate may also be able to file a survival action that will recover damages for medical expenses the victim sustained before death.
In severe nursing home abuse cases, you may be able to recover punitive damages. Punitive damages do not compensate the victim for any type of loss. Instead, they punish the defendant for intentional or severely wrongful behavior.
There are multiple types of nursing home abuse and neglect claims that may apply to your specific situation. You should consult with a nursing home abuse lawyer to determine which type of lawsuit to file. In some cases, you may make more than one claim in a single lawsuit.
Most nursing home neglect cases are tort actions. A tort is an action or failure to act in such a way that harms another person. The victim may file a tort lawsuit against the at-fault person or company to recover any damages they incurred due to the harm.
Examples of tort claims include intentional abuse, nursing home medical malpractice, and neglect cases. To win a tort claim, you must prove that the nursing home or staff committed a harmful act that caused the patient to suffer harm or failed to take an action that would have prevented harm.
Nursing home residents, families, and the facilities typically have a contract that establishes duties and responsibilities of all parties – including terms of adequate care. If a nursing home fails to provide proper medical care to a resident, then there may be in breach of that contract.
A breach of contract claim can help victims and their family members recover expenses that were paid to the nursing home facility. However, damages for personal injury or wrongful death are recovered in a tort action.
A spouse, designated beneficiary, or heir of a nursing home resident that passed away due to abuse or neglect in a facility can file a wrongful death lawsuit to recover economic damages and non-economic damages.
A plaintiff (victim of abuse and neglect) must take specific steps to file a nursing home neglect lawsuit. You can begin that process by contacting a knowledgeable attorney who can guide you through the legal system and relieve you of unnecessary stress.
The steps of a nursing home abuse lawsuit include:
Nursing home lawsuits must be filed within a certain time period after the injury to the resident occurs. Otherwise, you may forfeit your right to compensation, no matter how strong your case is.
For a tort claim, the statute of limitations or “deadline,” to file a lawsuit is typically two years from the date of injury, but other factors may affect the running of the statute of limitations.
For a breach of contract claim against the nursing home, the statute of limitations is three years after the breach.
For a wrongful death claim, you must file the lawsuit within two years after the death of the victim.
There may be other applicable notice periods, deadlines, and factors affecting the statute of limitations, so it is important to consult with an attorney.
Lead attorney Mac Hester and his team at Nursing Home Justice assess every case on an individual and personal basis. They do not take on a huge volume of cases. Instead, they focus their attention on you, your family member, and your unique situation. Nursing Home Justice will evaluate your case with: