If you or a loved one are victims of nursing home abuse, you have grounds for a lawsuit. You can sue the nursing home for the harm they’ve caused. First, you’ll want to speak with a lawyer who is experienced in nursing home abuse cases.
Filing a lawsuit involves several steps. However, the process is the only way to justice for victims. Here’s how it works.
Four Steps to Suing a Nursing Home for Abuse
If a nursing home’s negligence (or carelessness) has caused harm or death, you can take legal action. You probably have a personal injury claim against the business.
Here are the main steps when filing a lawsuit against the nursing home.
1. Talking to an Attorney
First, speak with a lawyer who specializes in nursing home abuse lawsuits. Any lawyer may be willing to take on your case, but you want someone who has hands-on experience.
Abuse and neglect cases are complicated. Talk to an attorney who understands the complexities of the law in this area.
Your lawyer can help you take the best steps towards justice. They’ll know how to proceed through the following steps.
2. Building Your Case
Before you request compensation, you’ll need to build and file your lawsuit.
- Gathering evidence of abuse or neglect
- Talking to and getting statements from eyewitnesses
- Getting picture or video evidence
- Saving medical records and other documents
- Looking at nursing home contracts and laws
Your lawyer will gather everything you need to build your case.
You might first seek compensation through an insurance claim. Nursing homes should carry liability insurance in case of injuries. If the nursing home has caused harm, you can file a claim with the facility’s insurance company.
The insurance company will investigate your claim and determine what happened. Many times, insurers will look for ways to deny liability or reduce what they pay. If you cannot get a fair offer through your claim, the next step may be a lawsuit.
Your lawyer will handle the insurance company and fight for your rights. If you file a lawsuit, you might still reach a settlement before going to court.
3. Filing the Complaint
The first document you file in a lawsuit is the complaint.
The complaint outlines:
- The parties involved in the lawsuit
- Why you are bringing the lawsuit
- Your claims against the nursing home
Your complaint will contain your damages and what you’re requesting in compensation. Your attorney will help you file your case with the appropriate courts.
4. Preparing for Court
After filing the lawsuit, you and your attorney will prepare for the process. You’ll gather additional information and get ready to fight for what you deserve.
You will have opportunities to settle out of court. However, you might decide to go to trial if you cannot get a fair settlement offer. These are details to discuss with an experienced lawyer as soon as possible.
Every case is different. To talk about your options during a free consultation, call John Foy & Associates today. We do not collect a fee unless we win your case, so there are upfront costs.
Call us at (404) 400-4000 or contact us online for a free consultation.
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How Much Can You Sue a Nursing Home for?
The amount you can sue for will depend on your situation. The journal Health Affairs found the average settlement for nursing home lawsuits was $406,000. However, every case is different.
The best way to know your potential settlement is by speaking with a lawyer. A trusted attorney can review the facts and determine what you should receive.
Your settlement should consider damages like:
- Medical treatment costs
- Psychological trauma
- Mental health counseling
- Pain and suffering
- Funeral and burial costs (if the victim died)
Nursing home abuse and neglect cause serious harm. The victim may suffer in many different ways. Some nursing home residents are unable to bring a legal case for themselves. Thankfully, family members may be able to help advocate for the victim.
Discuss your case with a lawyer as soon as possible. Don’t be afraid to ask questions about the type of settlement you might expect. While nothing is guaranteed, an experienced attorney will give you the most accurate estimation.
Types of Nursing Home Abuse
Abusive behavior can happen in many ways.
According to the National Institute of Aging (NIA), elder abuse can include:
- Physical abuse like pushing, slapping, or restraining
- Emotional abuse like threatening, yelling, manipulating, or ignoring
- Neglect like withholding food, healthcare, medications, or other basic needs
- Sexual abuse that forces the resident to participate in or watch sexual acts
- Abandonment like leaving an elder adult without any plans for their care
- Financial abuse like stealing money or using a resident’s money without permission
No type of abuse or neglect is ever okay.
If you suspect or know about abuse, don’t wait to take action. You likely have grounds for a lawsuit. Talk to a lawyer about how you can get started.
How Long Do You Have to File a Lawsuit?
Every state has a statute of limitations for when someone can file a lawsuit. In Georgia, you have two years to file after an injury, according to OCGA §9-3-33.
If you miss the deadline, you’ll be unable to seek compensation. The courts will typically throw out a lawsuit that is past the limitation period. To make sure that doesn’t happen, you should speak with a lawyer immediately.
At John Foy & Associates, we can help you file a nursing home abuse lawsuit as soon as possible. Our team has been helping victims and their families for over 20 years. We don’t back down from complicated claims, and we’re not afraid to fight for your rights.
Talk to a Nursing Home Abuse Lawyer Today
If you or a loved one have suffered abuse, get the power of the Strong Arm on your side. Call our team today for a free, no-risk consultation.
To get your free consultation, call (404) 400-4000 or contact us online. We’re available 24 hours a day, seven days a week, to take your call.