A nursing home abuse lawyer should be one of your first calls when you suspect wrongdoing. If a loved one suffered abuse or neglect in a nursing home, the facility is responsible. An attorney can help you fight for financial compensation and hold the business liable.
Here are the main ways a lawyer will help your family.
Investigating What Happened
When you contact a nursing home abuse attorney, bring as many details as possible. The lawyer will examine everything and determine your rights. If you have a case and choose to work with the lawyer, they’ll start building your claim.
You will need to gather evidence of abuse or neglect. Most of the time, nursing homes and their insurance companies will deny your story. The manager might try to blame the resident or say that you’re overreacting.
A lawyer won’t let the facility or insurer take advantage of you. They’ll do the following.
Gather Proof of Neglect or Abuse
If there are physical signs of abuse, document them as fully as possible. You can take pictures of physical injuries or videos of the loved one’s fearful behavior, for example. A lawyer can help you gather additional proof and examine what you’ve already collected.
Talk to Witnesses
If the loved one can communicate, your lawyer will want to speak with them. The attorney will also interview anyone who may have witnessed the abuse or the victim’s suffering. Witness statements can be beneficial to a personal injury claim.
Interview Other Residents or Employees
Past employees might have a lot to say about the nursing home’s conditions. Your lawyer will speak to anyone who can provide insight into the business’s treatment of residents and care practices.
Other residents might be able to help, too. Your attorney will consider every angle to help build your case and show the nursing home’s negligence.
Review Relevant Records
A lawyer will look over the resident’s medical records and treatment reports. There could be failures to provide proper treatment, falsified documents, or medical errors that contributed to the abuse. Medical records might also support signs of abuse or neglect.
Inspection reports and care manuals might also provide insight. The nursing home could have violated specific regulations or been negligent in standards of care. If you suspect financial abuse, your lawyer will look at bank statements and other financial documents.
Nursing homes must follow laws and regulations from the Georgia Department of Community Health (DCH). If a facility violated the rules, proving so could help support your case.
Concerned family members can report nursing home abuse to different Georgia organizations. A lawyer can help by making sure you file each complaint to the right agency. That might also include contacting the police.
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Negotiating a Settlement
The first step in an injury case is usually sending the demand letter.
This demand letter outlines:
- What abuse or neglect has occurred
- The damages your loved one has suffered
- A fair settlement to compensate your loved one
After sending the demand, you might get an offer from the nursing home’s insurance company. However, the first offer is usually way too low.
An experienced attorney will be ready to negotiate. They’ll go back and forth with the insurer and try to get a fair offer. If you get an offer, you can receive compensation without having to file a lawsuit.
Preparing for Court
Most claims settle outside of court. However, some negotiations don’t end with a reasonable offer. If that happens, your attorney can file a lawsuit against the abuser or facility.
Filing a lawsuit begins the court process. Your lawyer will prepare your case for trial, even if it doesn’t go that far. You’ll have opportunities before the court date to keep negotiating a settlement, too.
Your lawyer will also pay attention to the statute of limitations. After the abuse incident, you have two years to file a lawsuit, according to OCGA §9-3-33. If you miss the deadline, you’ll lose any chance to recover damages.
Talk to a Nursing Home Abuse Lawyer for Free
If you suspect a loved one in a nursing home has been abused or neglected, don’t wait. Talk to an experienced attorney about how you can hold the facility accountable.
At John Foy & Associates, we have been helping victims and their families for over 20 years. We are not afraid to fight for the compensation you deserve. Plus, there is no fee unless we win your case.
To get a free consultation today, call (404) 400-4000 or contact us online. We are available 24 hours a day, seven days a week, to take your call.
For a free legal consultation, call 404-400-4000
How Much Does a Nursing Home Abuse Lawyer Cost?
Our lawyers cost you nothing upfront. We work 100% on a contingency fee.
Here’s what that means:
- We charge nothing upfront to start working with us.
- If we win you a settlement or court award, we get a percentage as our fee.
- If we don’t win your case, you pay nothing.
We use this structure to ensure our lawyers are working for you. It also saves families from the stress of trying to pay a legal team and wait for justice. You can get the legal help you need today without worrying about the cost.
The contingency fee varies depending on the case details. In most cases, the fee is around 33% of what your lawyer wins.
The fee can be higher for cases that go to trial, but that’s because trials are lengthy and require many days, weeks, and months of work. You also have the potential to get much more if you win in court.
Contact a Nursing Home Abuse Lawyer for Free Today
Find out your legal options today. Call our attorneys at John Foy & Associates for a free consultation. Call (404) 400-4000 or contact us online to get your free consultation.