Everything You Need To Know About A Nursing Home Abuse Lawsuit - Explained

If your loved one was mistreated, abused, or neglected in a nursing home, you have the right to pursue legal action to receive financial compensation for the damages incurred. 

However, even with solid evidence, a nursing home abuse lawsuit can stretch your resilience and resolve. These cases are often complex, so we wholeheartedly recommend informing yourself of different aspects of a nursing home abuse lawsuit before starting the legal process.

What is a nursing home abuse lawsuit?

A nursing home negligence or abuse lawsuit is a legal action taken after an elderly citizen suffers injuries in a nursing facility. It allows residents and their close families to pursue compensation from the staff members or the facility that caused harm. 

The amount of compensation will depend on the facts of the case, but you can generally recover enough money to help pay for the expenses incurred by the abuse. This may include:

• Medical expenses
• Household expenses
• Physical therapy
• Mental health therapy
• Funeral costs (if abuse caused death)
• Other expenses

In addition to providing you with compensation, a lawsuit can be a way of getting justice for your loved one by keeping the nursing home accountable for their actions. For instance, if gross negligence occurs, the facility may be required to pay punitive damages, which is a way to punish the nursing home beyond just paying for regular expenses.

Another reason why you should file a nursing home abuse lawsuit is to inform the public that the particular assisted living facility fell below the accepted professional standards. This can save other residents from experiencing the same treatment or may lead the nursing home to implement changes to avoid a similar outcome. For example, they may fire the caregivers who perpetrated the abuse.

How long does an average nursing home lawsuit take?

Since each lawsuit has unique circumstances, it’s impossible to make any definite claims. Keep in mind that a nursing home lawsuit falls into the category of personal injury, often a lengthy process. 

An average case may take upwards of 24 months, which makes sense when you consider the amount of time it takes to investigate such a matter. An attorney has to collect witness statements, review all documentation, and consult different types of experts. 

Hence, don’t expect a quick resolution, especially if the case goes to trial. 

What is the difference between a civil and criminal nursing home lawsuit?

Lawsuits can be filed in both civil and criminal court systems. There are plenty of differences between the two. 

While you’re free to pursue a civil suit on your own with the help of an attorney, criminal cases are filed by the government if the nursing home broke a law (or a series of laws) as the abuse occurred. 

Furthermore, in criminal cases, the state can provide an attorney to the defendant, while in civil cases, the nursing home and other defendants must hire their own legal counsel. 

The biggest difference lies in the penalties. 

The main goal of criminal cases is to punish the defendant through prison time and hefty fines. If found guilty, they’ll also have to pay restitution to the victim. On the other hand, in civil lawsuits, the defendant may end up paying for the plaintiff’s losses, but there is no prison punishment. 

Depending on the nature of the abuse, a nursing home may be guilty of violating civil and criminal law. For instance, if a staff member assaulted a resident, they have committed a criminal act and can end up in both civil and criminal court. 

Steps in the nursing home abuse lawsuit process

Regardless of the circumstances, most nursing home lawsuits can be broken down into the following steps:

1. Information gathering

As soon as you suspect that abuse took place, you should contact a personal injury attorney. They’ll help collect basic information about the events, as well as explain how a loved one was harmed and what is the best way to seek compensation. 

In addition, they’ll review medical records, nursing home contracts, and other important documents. They’ll also review all the associated medical records and nursing home contracts, and if needed, interview witnesses to strengthen the case.

2. Filing the claim

After compiling the information, the attorney has everything they need to file a lawsuit in court. Upon filing, the defendant will be notified, after which they have to respond. Otherwise, they’ll lose the case automatically.

3. Discovery phase

During this stage, you and the other party exchange case information. This can be an opportunity for your attorney to strengthen the case even further.

4. Settlement

After discovery, the settlement negotiations can begin. Your attorney will attempt to lock down a settlement through an agreement with the nursing home’s defense team. If they’re successful, the case won’t go to trial. A settlement is by far the most common way of resolving a lawsuit, as most defendants want to avoid lengthy litigation. 

5. Trial

If the settlement is off the table, the case moves to the trial phase. Both parties will have the opportunity to present their case in front of the judge or the jury who will decide whether the defendant is guilty or not. 

As we already mentioned, trials are very unpredictable and extend the legal process significantly, which is why most attorneys will try to settle in court. 

6. Appeal

After the verdict, the losing party can appeal the decision by citing a legal error. The decision will be reviewed by a higher court and they can either issue a new verdict or uphold the original decision. 

Initiate the battle for justice ASAP

Although complex in nature, the lawsuit process is a lot easier with an experienced personal injury team at your side. Here at the Law Offices of RITE, we have decades of experience and plenty of clients ready to attest to the quality of our work.

Our attorneys will take over all the arduous aspects of the lawsuit, from researching the case to correctly filing a nursing home abuse lawsuit on your behalf. Since we have the resources, we won’t give up until we secure favorable compensation for you or your loved one, even if we need to take the case to court. 

Get justice by calling (904) 500-RITE (7483) or sending us an email at info@rite4justice.com.

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.