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Published on December 15, 2022

A Comprehensive Guide to Filing a Claim for Nursing Home Abuse

People go to nursing homes to receive quality care and treatment. However, some facilities abuse, neglect, and mistreat their clients. The victim or their family can take legal action against the abusive facility or staff. Either party can file a claim to recover compensation for the victim’s harm.

A nursing home abuse attorney can help you file a claim against the other party. It’s important to understand the legal process before filing a claim. That way, you’ll be able to take the right steps to get justice. Read on to learn more about filing a claim for nursing home abuse.

Establish the Type of Claim You Want to File

There are different kinds of nursing home abuse – physical, emotional, sexual, financial, and mental. Victims may also experience general neglect. So, you need to know what type of claim you will pursue against abusive nursing homes or staff.

Some of the claims you can file include the following:

  • Wrongful death claims
  • Negligence
  • Medical malpractice
  • Breach of contract

You must know which kind of claim you want to file before making a petition. Bringing the wrong claim can jeopardize the case.

Gather Sufficient Information on the Abuse

As you prepare to file a claim, gather sufficient information about the abuse. You can get the statements of your loved ones and other witnesses. You can also talk to other residents in the facility; they will give you additional details on the abuse. Concrete evidence in the form of emails and letters can also help.

You should also record any signs of nursing home abuse in your loved one. These may include:

  • Malnutrition
  • Unsanitary conditions
  • Unexplained injuries
  • Emotional or behavioral changes

Also, note when and where the abuse occurred and who the perpetrator was. You should also take photos of any injuries your loved one sustained. In case of financial abuse, get a record of your loved one’s financial records. 

Consult a Lawyer

You may choose to get the help of a lawyer when filing a nursing home abuse claim. An attorney specializing in such cases will know how to seek justice. They know the law and can help ensure you don’t make mistakes in filing a case.

A lawyer can give you more insight into the case and your legal options. They will also help you build a strong nursing home abuse case. 

Build a Solid Case

A lawyer can help you present a solid case to help you recover financial compensation. Evidence is the backbone of any solid case. Different cases will require different types of evidence.

However, there are some common kinds of proof that may be helpful, including:

  • Police reports, if any
  • The victim’s medical history compared to their current health condition
  • Eyewitness accounts
  • Photos or videos of the abuse

File a Petition

A nursing home abuse lawyer can help you file a complaint in court. The petition will include information about the parties involved, facts of the case, and the specific complaint. In the petition, a lawyer will also include the compensation you want. 

Compensation for nursing home abuse may cover a variety of costs. These include the cost of medical care and psychological therapy. You may also obtain compensation for pain and suffering. You can go to court to present the case if the petition gets approved.

Go to Court

In court, your lawyer can present evidence to establish the facts of the nursing home abuse. An attorney can compellingly argue the case to help you get justice. It’s difficult to tell how long the court process will take. Cases are different, and there’s no common timeline.

Wrap Up

Most times, victims of nursing home abuse can’t take legal action alone. Thus, their loved ones have to pursue justice on their behalf. Remember to get the correct documentation and legal expertise when filing a claim. Doing so is crucial in holding the abusers accountable for their actions.

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