If your loved one suffered an injury in a nursing home or assisted living facility because of another’s negligence, you could pursue monetary damages. A personal injury lawyer will investigate your loved one’s accident and prove the cause of their injuries. An attorney can document the at-fault party’s negligence and demand financial compensation.
Most personal injury lawyers will review your case at no cost and explain your loved one’s rights and the at-fault party’s responsibilities. It can be challenging to navigate the financial recovery process on your own. A lawyer can create a comprehensive list of the financial expenses and losses your loved one and your family endured.
What Compensation Can My Loved One Recover?
When you opt for a nursing home or assisted living facility for an older family member, your goal is to monitor and meet their daily needs. If the facility fails to live up to its responsibility to your loved one, your personal injury lawyer can demand the following damages:
- The costs of relocating your loved one to a safer facility
- Compensation for all medical bills related to the injury
- Rehabilitation and therapy, including mental health care
- Physical disability or lasting physical disfigurement
- Ongoing physical, mental, and emotional pain and suffering
An attorney team can help your family obtain the best possible financial outcome. They will avoid a speedy yet flawed offer and avoid having your loved one’s case undervalued or underpaid.
How Long Does Our Family Have to Pursue Damages?
Your lawyer will clarify the time your state allows for filing your lawsuit. They will also explain how important it is to meet the applicable statute of limitations. If it expires, you might lose your opportunity to file it. Representatives for the liable facility can also ask to have your lawsuit dismissed out of hand if the filing deadline expires.
If a lawyer represents you, they will handle the investigation and evidence collection processes for you. Their legal support can give you time to care for your loved one, leading to a strong compensation case.
For a free legal consultation, call,
What Constitutes Elder Abuse and Neglect in a Long-Term Care Facility?
You likely will feel angry and frustrated to learn your loved one suffered harm in a place you chose to take care of them. Not all injuries your loved one suffers will entitle them to financial compensation. Before you can recover damages, you must show their injury resulted from abuse or negligence.
According to National Center on Elder Abuse (NCEA), abuse and neglect include:
According to the Code of Federal Regulations 42 CFR § 483.25, your loved one is entitled to quality care from a nursing home or long-term care facility. Insufficient care could lead to other types of physical injuries for which your loved one could be entitled to compensation, including:
- Broken bones
- Head injuries
- Open wounds
If you believe abuse or neglect caused your loved one’s injury, review the case with a personal injury lawyer. A review is typically free, and the legal team can explain whether or not you have a potential case and their strategy for recovering damages.
How Can I Prove the Cause of My Loved One’s Injuries?
If your loved one is older, they could have memory impairments that prevent them from explaining how they were hurt. Fear of retaliation can also prevent them from exposing abuse or neglect.
Evidence of your loved one’s abuse or neglect can include:
- Proof that the nursing home is understaffed
- Statements from other residents
- Photo of your loved one’s injuries
- Your loved one’s medical records and bills
- Interviews with nursing home or facility staff
- Testimonials from medical experts
- Photos of your loved one’s room
- Photos of spills and other fall hazards
If a lawyer represents you, they will handle the investigation and evidence collection processes for you. Their legal support can give you time to care for your loved one and lead to a strong compensation case.
When Can the Nursing Home or Assisted Living Facility Be Held Liable?
To pursue damages from the nursing home or assisted living facility, your lawyer will prove the legal elements of negligence—duty of care, breach of duty, negligence, and damages.
Negligence on the care facility’s part can include:
- Faulty facility maintenance, including failure to clean spills and debris
- Negligent hiring practices that result in unqualified or untrained staff
- Failure to properly supervise residents that resulted in an accident or injury
The care facility could also be liable if it fails to prevent residents from hurting each other. An elder abuse attorney will investigate your case and prove the negligence that led to your loved one’s condition.
Do I Need a Lawyer to Sue for Financial Compensation?
You may not have to sue for your loved one’s monetary damages if an attorney can settle the case without going to trial. In other situations, pursuing recovery in court is necessary. An attorney can advise you on which one suits your situation. In either scenario, an attorney will build your case, including collecting evidence, which can be a harrowing process. They also can:
- Identify the type of abuse or neglect your loved one endured
- Identify the perpetrator of the abuse
- Gather and present evidence proving the accident’s cause and cost
- Handle all case-related paperwork and communications
Your lawyer will regularly update you and your loved one about the case and fight hard for the financial recovery your loved one needs and deserves.
Click to contact our personal injury lawyers today
Get a Free Review of Your Elder Abuse Case Now
If your parent or spouse was abused or neglected in their nursing home, they could receive financial compensation that compensates them for the injuries suffered. Our law firm can determine liable parties and demand monetary recovery from them.
Jenner Law is ready to help your family recover damages if a nursing home or assisted living facility harmed your loved one. Contacting our consultation team for a free case review today.