Here's What to Expect When Filing a Nursing Home Abuse Lawsuit

You may decide to pursue the legal route if your loved one suffered from nursing home abuse. You could file a nursing home abuse lawsuit against the defendant to get compensation. However, filing a lawsuit due to nursing home abuse can be complex. Luckily, you can seek the help of a lawyer in the case.

A lawyer understands the laws surrounding such cases. For example, Augusta nursing home abuse attorneys can tell you that you have two years to file a suit in Georgia. Filing a lawsuit is a great way to hold the defendant accountable for their actions. Here is what to expect when filing a nursing home abuse suit.

Compensation in a Nursing Home Abuse Lawsuit

Various types of compensation may be available in a nursing home abuse lawsuit. Victims may recover the cost of medical care they received due to the abuse. That may include doctor visits, rehabilitative care, prescription costs, and more.

Victims may also be eligible for compensation for pain and suffering. Other damages plaintiffs may recover include:

• Disability

• Reduced quality of life

• Mental distress

• Scarring and disfigurement

Nursing home abuse may even lead to death. You can claim wrongful death damages if you lose your loved one to such abuse. They include burial costs, loss of care and support, and medical bills.

Gathering Evidence

One of the initial steps of filing a nursing home abuse lawsuit is gathering evidence. Evidence can help you make a strong case in court, allowing you to get justice. Proof in a nursing home abuse lawsuit includes documentation of the abuse. That includes medical records, nursing notes, and incident reports.

Witness testimony can also serve as critical evidence in the lawsuit. Witnesses can provide firsthand accounts of abuse that occurred in the nursing home. Photographs and videos are other forms of proof. They show the extent of the abuse and neglect that the victim suffered.

Expert testimony from medical professionals can also be helpful in your lawsuit. These experts can provide insight into the victim's medical condition. They can also shed light on how the abuse contributed to their condition.

Filing a Case in Court While Meeting Deadlines

Once you have the evidence, filing a lawsuit is next. Plaintiffs typically do so through a civil court. The suit should outline the details of the abuse, including the parties involved.

The defendants in the lawsuit must respond to the suit after it's filed. Failure to do so may result in them losing the case.

When filing a nursing home abuse lawsuit, beware of the statute of limitations. It is the amount of time you have to file a suit. It varies by state, so you must check the laws in your region. Failure to abide by the limitations deadline may jeopardize the case.

Negotiations

Most times, parties attempt to reach a settlement without going to court. They do so through negotiations. Negotiations can help both parties reach an agreement that is beneficial for all.

A lawyer can use their negotiation skills to get you a fair settlement. If you settle, you'll sign a settlement agreement and receive compensation. The case then ends there.

However, negotiations aren't always successful. The case goes to trial if the parties can't reach an agreement.

Going to Trial

The process can be lengthy if the nursing home abuse lawsuit goes to trial. Both parties will have a chance to present their case and defend their position.

The jury will then decide if the defendant is responsible for the abuse. If the jury finds the defendant liable, they will have to pay damages. If the defendant wins, the victim doesn’t recover damages.

Final Words

Nursing home abuse is a serious issue. It can have devastating impacts on elderly residents. If you or a loved one has suffered from nursing home abuse, you may be considering filing a lawsuit. Knowing what to expect in the legal process can help you prepare for the challenges ahead.