If you or a loved one have suffered abuse in a nursing home, you probably need an experienced lawyer. Abuse cases are complicated and time-sensitive. They’re also emotional for the victim and their family, so having an attorney makes the process easier.
It’s best to work with a lawyer who specializes in nursing home abuse cases. You need a professional who understands the complexities of abuse and neglect claims.
Why You Likely Need a Lawyer
An experienced lawyer can help you and your family fight for compensation after the abuse. Most people don’t have experience with this area of the law, let alone any legal claims.
You probably need help from a nursing home abuse lawyer because:
Lawyers Have Hands-On Experience
The attorney and their law firm will have resources specific to abuse cases. They have connections to local professionals and experts to help your claim.
Nursing home abuse attorneys have usually worked on many different types of cases, including:
- Physical abuse
- Emotional abuse
- Sexual assault
- Neglect
- Financial exploitation
An attorney will handle each case differently, depending on the details. You can speak with a professional who understands your situation. You’ll get the most targeted advice from an expert’s perspective.
You’ll Pay Nothing Upfront
Nursing home abuse lawyers usually work on contingency. That means they only collect a fee if they win you compensation. You won’t have to worry about upfront fees.
Clients often worry about lawyers being expensive. At John Foy & Associates, we believe money shouldn’t stand in the way of you getting the help you deserve. Contact us today for a free consultation. We only get paid if we win for you.
Your Chance of Winning Will Be Higher
Nursing home abuse lawyers know what they’re doing. They have years of education and experience in this area. If you work with an attorney, you have a better chance of winning what you deserve.
Those with attorneys have won hundreds of thousands or millions in abuse cases. While every claim is different, your lawyer can help estimate the value of your damages.
Overall, an experienced attorney will be there for your family. The right lawyer will work with compassion and perseverance for the justice you deserve.
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Five Ways a Lawyer Helps You Prove Abuse
A knowledgeable lawyer knows how to build a strong claim. Here are some ways your attorney will help your case.
1. Documenting Signs of Abuse
Family members should watch for signs of abuse. The resident might have physical marks or have changes in personality, for instance.
Common signs of abuse include:
- Cuts, bruises, or broken bones
- Malnutrition, dehydration, or complaints or hunger
- Becoming emotionally withdrawn
- Isolating from others
- Crying easily or seeming scared or anxious, especially around staff
- Soiled clothes or bedding
A lawyer can help you document these details. They’ll also know how to spot possible abuse or neglect.
Picture evidence can help prove that living conditions are unsafe. Photos can also help document physical abuse. Talk to your lawyer about how to gather evidence best.
2. Getting Medical Records
Sometimes, medical records can uncover signs of abuse or neglect. For example, there could be inconsistencies in treatment or unexplained injuries. A lawyer can help you obtain these records.
3. Talking to Witnesses
You might not be the only one concerned about abuse. Your attorney might speak to other family members or other residents who have seen something suspicious. Witness statements can be crucial for an injury case.
4. Looking at Past Complaints
You might not realize the nursing home has received previous complaints. The Georgia Ombudsman could have records of complaints filed against the facility.
Your lawyer will know how to get this information. They can also help you file a report on the abuse.
5. Evaluating Licensing
Some nursing homes are unlicensed or have a shady past that they try to hide. If there are any skeletons in the closet, your attorney will work to uncover them. This information can help support your case.
According to the National Institutes on Aging (NIA), most nursing home residents live at their facility permanently. Patients often need long-term care and supervision. A nursing home should be a safe place to live, free of abuse, but sometimes that’s not the case.
An experienced attorney can protect your rights from the beginning. At the least, it’s smart to call a trusted attorney for a free consultation.
Is It Difficult to Sue a Nursing Home?
Any lawsuit takes work, but it is certainly possible to sue a nursing home for neglect.
You will need to show that:
- The nursing home (or staff) was careless in the resident’s care.
- The facility’s actions (or inactions) caused harm to the resident.
- The resident suffered injuries and other damages.
Of course, the nursing home will probably deny any wrongdoing. It might even look for ways to blame the resident or family. This is just one of many reasons you’ll probably need a lawyer’s help.
Your attorney can build a strong personal injury claim. You might get an offer from insurance to settle the claim, but it’s rarely enough. Your lawyer will work to negotiate a fair amount.
If you cannot settle, you might need to seek justice in court. Your attorney can help you decide on the best course of action.
What Is the Average Settlement for Nursing Home Neglect?
It’s difficult to give an average because every case is different. However, the average settlement is around $406,000 for nursing home abuse based on the most recent research.
Your potential settlement depends on your damages and the level of abuse. To learn more about seeking compensation, call a lawyer for help.
How Long It Takes to Settle a Lawsuit
Lawsuits take time and money. While every court case is different, lawsuits typically take somewhere between 18 months and two years.
Most injury claims settle before going to court. However, nursing home abuse cases are very serious. The at-fault party might owe money for damages and face criminal charges. Whether you settle or go to trial, you may be entitled to substantial compensation.
To learn your legal options, call John Foy & Associates today. Our attorneys have been helping victims for over 20 years. We are not afraid to stand up for your rights.
Talk to a Nursing Home Abuse Attorney Today
Get the power of the Strong Arm today. Contact us online for a free consultation.
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