Nursing Home Abuse Lawyer

A nursing home abuse lawyer can help residents and family members seek compensation for devastating injuries and trauma in cases involving physical and verbal abuse, neglect, and more. Hiring an experienced attorney can significantly increase the likelihood of a successful settlement.

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What types of cases do nursing home abuse lawyers handle?

A nursing home neglect and abuse lawyer can help you pursue compensation in matters involving:

If you suspect a family member or loved one has been abused or neglected at a nursing home, assisted care facility, or by a qualified caretaker, speak immediately with a lawyer. Your attorney can listen to your story, review facts and evidence, and explain your legal rights and options.

Why should I hire a nursing home abuse attorney?

You may have the right to file a claim and demand compensation, but getting the money you deserve is often more challenging than it should be. A nursing home won’t be quick to admit fault, and its insurance company will work hard to deny or limit a payout.

It is in your best interest to hire a nursing home abuse and neglect lawyer to handle your case.

Put Yourself on a Level Playing Field

Nursing homes tend to have a lot of resources at their disposal. Most assisted care facilities have experienced attorneys waiting in the wings to defend against abuse and neglect allegations. Their insurance companies will work to deny your claim and prevent you from receiving the compensation your family deserves.

By hiring a nursing home abuse lawyer, you take away the facility’s advantage. A lawyer will understand the specific legal requirements of your case, know how to investigate and build a strong case, and have access to resources to support your efforts.

Allow You Time to Focus on Helping Your Family Member Recover

The consequences of nursing home abuse and neglect can be severe, often leaving residents with debilitating physical and emotional injuries. As they recover, they need you by their side.

When you hire an attorney experienced in handling nursing home abuse litigation, you give yourself quality time with your family in their time of need. Your lawyer will handle every aspect of your case on your behalf while keeping you apprised of the progress and details.

Make Your Case More Likely to Succeed

A nursing home or insurance provider would much rather deal directly with you and your family than an experienced litigator. They know that the odds are in their favor when you handle a claim on your own.

Those odds shift the moment you enlist the help of a qualified attorney. Studies suggest that victims who hire attorneys tend to win their cases more often. Hiring a lawyer is also associated with a bigger payout; plaintiffs with attorneys frequently receive more damages than those without attorneys.

Benefit From Experts and Specialists

When you hire a lawyer, you don’t just get a legal advocate to fight for you. You also benefit from everything the law firm has to offer—including its network of nursing home abuse experts and specialists.

Your attorney can consult with medical professionals, individuals with insight into nursing home regulations, caretaker training specialists, forensic accountants, appraisers, and other professionals who can provide critical insight into your case. Expert testimony can make or break a lawsuit, so it pays to have the insight of skilled professionals to back your claim for damages.

What does a nursing home abuse attorney do?

Here is what you can expect when you hire a nursing home abuse attorney to handle your personal injury case.

Provide a Free Consultation

Most nursing home neglect and abuse lawyers provide prospective clients with a free, no-obligation case evaluation. This allows victims and families to discuss their situation and assess available legal options without having to lock into a legal services contract.

Investigate the Alleged Abusive or Neglectful Conduct

Once you hire a lawyer, they will investigate the allegations of abuse or neglect. This investigation allows the attorney to fully understand the underlying cause of the resident’s trauma, how it was allowed to happen, and how it could have been avoided.

Gather Critical Pieces of Evidence

During an investigation, an attorney will obtain a resident’s nursing home and medical records, photographs of the facility and the resident’s wounds (if applicable), copies of the facility’s licenses and inspections, prior ombudsman complaints or reports, and physical evidence from the scene.

File a Claim on Your Behalf

To get compensation, you first have to file a claim for damages (economic and/or non-economic). This involves filing a claim within the appropriate timeframe and serving copies of the complaint to the nursing home and other liable parties, such as a nursing home staff member.

Your attorney will navigate the procedural rules established by applicable state and federal nursing home abuse laws to ensure that your claim is on track.

Prepare Discovery and Represent You During Hearings

Most nursing home abuse cases begin with discovery to gather information relevant to the matter. Here, your attorney can request documents, reports, and video footage and recruit and interview witnesses to provide insight into the case and additional support for your claim.

Negotiate a Settlement

Most nursing home abuse cases are resolved through a private settlement agreement between a resident (or family member) and the facility. Your attorney will prepare a strong case backed by evidence and facts, then enter negotiations to secure a favorable settlement deal for you and your family.

These negotiations may go back and forth until a mutually agreeable settlement is reached. If the nursing home refuses to negotiate or offer a fair deal, your attorney can proceed with the lawsuit and take it to trial.

Argue Your Nursing Home Abuse Case at Trial

Your attorney will prepare your case as if it will go to trial. This puts your best foot forward during settlement talks and ensures that the lawyer is ready to take it to a judge and jury if necessary.

How much does hiring a nursing home abuse and neglect attorney cost?

Nursing home abuse attorneys typically work on what is called a contingency basis. As the client, you pay nothing upfront. Instead, your attorney assumes the costs and risks of litigating your case. You only pay for their legal representation if they win your case.

An attorney’s fee will be established before representation begins. As stated in Rule 1.5 of the American Bar Association, the fee for an attorney can vary depending on the difficulty of the case, the time and labor required, and the attorney’s experience and specialization. Ultimately, the fee must be reasonable.

You can schedule a free consultation with an experienced nursing home abuse attorney to discuss their specific fee process and learn more about representation.

When should I call a nursing home abuse attorney?

Your state has a statute of limitations that limits the amount of time you can file a nursing home abuse lawsuit for damages. Once the deadline expires, so will your opportunity to file a claim and recover much-deserved compensation.

Additionally, hiring an attorney can improve your chances of a full financial recovery. Your lawyer can work to ensure that evidence is preserved, your claim is filed on time and without error, and the nursing home knows you are serious about your allegations.

How can I find a nursing home abuse lawyer?

You have limited time to pursue financial justice for your loved one’s traumatic experience in a nursing home. Contact our team to arrange a free consultation. We can offer preliminary guidance and connect you with an experienced and reputable nursing home abuse lawyer in your area.

Medically Reviewed by:

Dr. Patricia Shelton, MD

Education:

University of Washington, Doctor of Medicine – MD. June 2008
University of Washington, Bachelor of Science – BS, Jun 2003

Background:

Neuroscience and Medicine

Career:

Dr. Shelton primarily writes content for health-related websites, but has also written test prep materials, white papers, published research articles, court documents, and more.
Dr. Shelton teaches anatomy and physiology at the college level for the National Institutes of Health.

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