You should consider contacting a nursing home abuse lawyer in Maryland immediately if your loved one shows signs of suffering physical, emotional, or financial abuse or neglect in an extended care facility. An attorney can represent your family if you want to take legal action on their behalf.
When seeking an attorney, look for one that regularly handles nursing home abuse cases. They will understand the complexities of your case and explain your legal options. They can also protect your rights and interests as you seek justice and compensation for your loved one’s hardships.
A Nursing Home Abuse Lawyer Can Immediately Start Building Your Case
If your loved one was injured in a nursing home or an assisted living facility, you benefit from working with an attorney. They can gather the evidence needed to hold a care facility’s administration responsible, which may include:
- Witness testimony or statements from facility residents and staff
- Your loved one’s medical records and doctor’s notes
- Photographs or video footage of any injuries or the facility’s unsanitary conditions
- Communications you have had with the nursing home and other parties
- Copies of financial records that show unauthorized transactions (if applicable)
After learning that your loved one endured abuse and neglect, you deserve this time to focus on meeting their needs and spending time with your family. In the meantime, a personal injury lawyer can gather various forms of documentation that can bolster your legal claim.
For a free legal consultation, call,
(888) 585-2188
A Nursing Home Abuse Lawyer Can Handle Your Case
Nursing home abuse is any behavior that harms a person’s health, well-being, and safety. As the Code of Federal Regulations 42 CFR § 483.25 explains, your family member is entitled to quality care from a nursing home or long-term care facility.
You could benefit from hiring a law firm if your loved one experienced these types of abuse:
- Physical abuse, including any physical activity, such as hitting, shoving, kicking, or use of physical restraints. If you notice signs of bodily injuries, such as bruises or swelling, this could indicate physical abuse.
- Emotional or psychological abuse, which harms one’s mental health condition and emotional health. Screaming, yelling, or threatening residents are all examples of this kind of abuse. Isolation is also a form of emotional abuse.
- Sexual abuse, otherwise known as unwanted sexual contact. This includes sexual assault, fondling, and other forms of physical actions of a sexual nature.
- Financial abuse, which is unlawfully accessing and/or using someone’s bank accounts. Missing money and unauthorized debit or credit card purchases are signs of fraudulent activity.
- Neglect. If a person’s basic needs, such as food, water, and a safe and clean environment, are unmet, this could indicate neglect. Other signs include poor hygiene, failure to give residents their medications, lack of social interaction, and failure to keep residents from wandering off the property.
How a Nursing Home Lawyer Pursues Financial Compensation
Hiring an elder abuse attorney ensures your case gets the attention it deserves. A legal representative can lead your entire case by:
Launching an Investigation
A personal injury attorney can identify the kind of abuse or neglect that your loved one suffered. In addition to the evidence you share, they can access other documentation as they build your case.
For instance, your lawyer can investigate to see if previous complaints were filed against the care facility, alleging abuse and neglect. They can also interview witnesses and connect with Adult Protective Services.
Identifying All Liable Parties
Multiple parties can be accountable for the harm your family member endured. An investigation will determine who those parties are. They can include the nursing home’s staff members, administration and management, or the company that owns it. It can also be another resident at the home or a contracted worker who visited the property.
Determining the Value of Your Damages
An attorney can review your case’s financial value, while also considering the toll of your loved one’s mistreatment on their life. This helps them determine how much compensation to demand from the responsible party.
Leading Negotiations the Liable Party
An attorney can speak with the care facility’s insurers and advocate for a fair settlement that meets your loved one’s needs.
Filing a Nursing Home Abuse Lawsuit
If your attorney cannot settle with the insurance provider, they can file a lawsuit, take your case to trial, and seek fair compensation for your losses from there.
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Recoverable Damages in a Nursing Home Abuse Case
The monetary financial award you could recover for nursing home abuse and neglect will depend on various factors. However, injured parties typically suffer damages that break down into economic (financial) and non-economic damages.
Economic damages include:
- Medical expenses for all care related to the abuse
- Rehabilitation and therapy expenses
- Relocation costs if you must move your loved one to another residence
- Repair or replacement costs for property damage
- Other related expenses
Non-economic damages include:
- Physical and mental pain and suffering caused by or related to the abuse
- Emotional distress and mental anguish, which include damages for abuse- or neglect-related anxiety, depression, post-traumatic stress disorder (PTSD), and loss of enjoyment of life
- Scarring, disfigurement, and disability
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Talk With a Nursing Home Abuse Attorney Before the Statute of Limitations Expires
After learning that your loved one experienced abuse or neglect in their nursing home, you have a limited time to file a personal injury lawsuit. For example, in Maryland, they generally have three years to take legal action, per Md. Cts. & Jud. Proc. Code § 5-101.
An attorney can explain how long you have to file a lawsuit against a nursing home facility and if any exceptions apply to your case. They can also file your case on time and help you understand your case’s timeline.
You must meet the statute of limitations deadline in your state before it expires. If you don’t, the court will dismiss your case, and you won’t be able to compel damages from those responsible for your loved one’s injuries.
Call Jenner Law Today for Immediate Help from a Nursing Home Abuse Lawyer
You should consider contacting a nursing home abuse lawyer immediately if you suspect a facility is harming a loved one. Today, our team can explain your financial recovery options. Call us today for a free consultation.
Call or text (888) 585-2188 or complete a Free Case Evaluation form