Nursing home abuse can be a traumatic event for both the patient and the patient’s family members. When filing a nursing home abuse lawsuit, there are several vital pieces of information that need to be provided. Furthermore, certain statutes and laws in each state may make the legal process complex and difficult.
If you or a loved one is the victim of nursing home abuse, seek an experienced nursing home abuse attorney as soon as possible. An elder abuse attorney can provide you with insight and guidance during the litigation process.
Nursing Home Misconduct
If a resident is abused, nursing home administrators may attempt to offer compensation to the resident or the resident’s family members. In some cases, this compensation may also be accompanied by a request to sign documents that may release the nursing home from legal responsibility. Before accepting compensation or signing any documents, these residents and their family members should speak with an elder abuse attorney.
An attorney can help review documents and offers to conclude if these options are in the best interest of the client. In some cases, signing a document may waive the victim’s ability to sue the facility. As a result, the patient may never receive the full compensation needed for abuse recovery and medical bills.
In some cases, nursing home facilities may attempt to interfere with efforts to relocate an abuse victim to another facility. If this occurs, an elder abuse attorney can help provide advice and advocacy for the victim. Most nursing homes have legal counsel who protect and pursue the facility’s best interests. For this reason, it is crucial that you have the same.
Statute of Limitations
Each state has a statute of limitations for filing lawsuits. A statute of limitations dictates how much time the plaintiff has to file a lawsuit after the specific injury or incident occurs. The statute of limitation varies based on a number of details of the case. It depends on the type of injury, be it physical, financial, or emotional. It also depends on where the abuse or neglect physically took place.
It is important to speak with an elder abuse attorney as soon as possible after an incident occurs. An elder abuse attorney can help to organize your case and file the lawsuit so that necessary action is taken before it is prevented by the statute of limitations. Additionally, an elder abuse attorney can help discuss the types and amount of damages that you can recover based on the state’s statute of limitations.
The Legal Process
For many, the legal process for filing a lawsuit is a daunting task. An elder abuse attorney can help you and your family to navigate the complexity of this legal process. An experienced elder abuse attorney can handle a majority of the work involved in a nursing home abuse lawsuit. In any nursing home abuse lawsuit, information must be collected.
An elder abuse attorney will request information such as medical records of the victim and testimony from friends, family, and acquaintances. The Orlando nursing abuse attorney will then conduct extensive research regarding medical and legal issues that may be relevant to the lawsuit. The attorney will develop as much evidence as possible to build a solid case for you and your family.
Depending on the nature of the case, you may not be required to attend court. In cases of clear physical abuse such as bed sores, the lawsuit may have the ability to be settled out of court. In any case, an elder abuse attorney can help you and your family to receive the maximum amount of compensation that you deserve.
Sources:
“Criminal Cases.” United States Courts. Administrative Office of the U.S. Courts. Web. 30 May 2013. http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/HowCourtsWork/CriminalCases.asp&xgt
“Statute of Limitations.” Legal Information Institute. Cornell University Law School, 19 Aug 2010. Web. 30 May 2013. http://www.law.cornell.edu/wex/statute_of_limitations