search
top

Filing A Nursing Home Abuse Lawsuit

For most families, sending an elderly loved one to a nursing home facility can be one of the toughest decisions they can make. As much as possible, the elderly would want to spend their last years living with their families. When they do decide to send the elderly to a facility, they have the assumption that their loved one would be safe and treated well. This has not been the case most of the time.

According to the website of Karlin, Fleisher & Falkenberg, LLC, there has been several reports of abuses in nursing home facilities. And if your elderly loved one has been a victim of nursing home abuse, you can file a case against the facility. Just like any lawsuit, the process can be time consuming but if successful, you could be able to recover damages for your case. Here now are the steps for filing a nursing home abuse:

1. Gather evidence

Before the trial, you need to gather evidence that will solidify your claim of abuse. Among the most important documents you need to gather medical records from doctors or hospitals. These records can contribute in ensuring the success of your case.

2. Filing the case

Once the evidence has been gathered, the next step is to file the case in court and then served to the facility and other defendants. Just like other lawsuits, nursing home abuse lawsuits are covered by a statute of limitation so make sure to file the case within the prescribed time limit.

3. Preparation for trial

After the filing the case, the plaintiff gets ready for the trial. With the documents in hand, the legal team will assemble witnesses who will corroborate the claim of abuse. Doctors will also be invited to be expert witnesses for the medical records.

4. Resolution of the Case

There are several ways the case can be resolved. To avoid trial, the legal representative of the nursing home may opt for an out-of-court settlement. Other possible ways the case will be resolved includes mediation, settlement arbitration, or administrative settlement.

top