How to File a Nursing Home Abuse Lawsuit in Colorado

Nursing Home Justice Helps Victims Recover What They Lost

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.

Contact attorney Mac Hester with Nursing Home Justice Today — (303) 775-8128

What is a Nursing Home Abuse Lawsuit?

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.

Why Would You File a Lawsuit Against a Nursing Home?

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:

• Physical, Mental, Sexual, or Financial Abuse by Staff Members
• Neglect Due to Understaffing, Lack of Training, or Inattention
• Unexplained Injuries
• Unnecessary Illness
• Wrongful Death

What Can You Recover When Suing a Nursing Home?

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:

• Physical pain and suffering
• Permanent impairment
• Mental and emotional distress
• Current and future medical bills
• Loss of income (in some cases)
• Long-term care expenses
• Costs of medical equipment

Damages for Wrongful Death

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:

• Loss of financial support that the decedent would have provided to the surviving spouse, heirs or

designated beneficiary (e.g., decedent was a rehab patient who was going to return to work)

• Funeral expenses
• Non-economic damages for grief, sorrow, and loss of companionship

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.

Punitive Damages

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.

Types of Nursing Home Abuse Lawsuits

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.

Personal Injury Tort Claims

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.

Breach of Contract Lawsuits

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.

Wrongful Death Lawsuits

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.

What Is the Process of Filing a Lawsuit for Abuse & Neglect?

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:

1. Gather Information – You should collect as much information about the abuse or neglect as possible and give it to your attorney.
2. Filing the Lawsuit – Your attorney will draft legal documents with specific claims and arguments and file the lawsuit with the proper court.
3. Discovery Process – Once the defendant (nursing home) has been served and they answer, the discovery process begins. This is where both parties exchange information about the case. This information will be used to support your claims.
4. Mediation and Settlement – You will likely attend a mediation before going to court. During this step, both parties make their arguments, and a third party (mediator) uses communication and negotiation techniques to help the parties to agree on financial compensation and settle the claim.
5. Trial – If mediation fails and a settlement is not achieved, the parties will go to trial and argue their case in front of a jury.

When Should You File a Lawsuit?

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.

Nursing Home Justice Will Determine If You Have a Case

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:

• A Thorough Investigation – We will leave no stone unturned and collect as much information as possible from all parties and witnesses. We are not afraid to force the company to give us personnel records, training documents, and policies and procedures.
• Respect & Compassion – Attorney Mac Hester will listen to your story and show you and your loved ones the respect that you deserve.
• Fight to Win – Nursing Home Justice has a passion for fighting against negligent nursing homes and their staff to correct the wrongs done to victims and other residents. We will hold abusive and negligent nursing homes accountable and fight to recover maximum value for your case.