How Filing A Lawsuit Against A Nursing Home Can Help You

What Can You Do When Your Loved One Has Been Neglected By A Nursing Home?

A person can sue a nursing home or other health care provider (nursing home, hospital, nurse or physician) when they neglect to provide adequate care to their patients. The most common types of lawsuits filed in nursing home negligence cases include civil lawsuits and criminal prosecutions.

How Long Will a Lawsuit For Nursing Home Neglect Take?

When a nursing home or its nurses and staff are responsible for neglecting their patient, an attorney can bring a lawsuit to recover damages. The extent of the nursing home patient's injuries, as well as the complexity of the case, are factors that determine the speed with which litigation is filed and settled. More often than not, lawsuits filed are settled before ever stepping foot in a courtroom. Lawyers experienced in the representation of victims suffering from bed sores, pressure ulcers and pressure sores due to the negligent actions of a nurse will be able to review your case in detail and will determine the approximate length of your case.

What Can an Injured Party Stand To Recover Through a Nursing Home Lawsuit?

If you or a loved one suffer an injury from negligent care provided by a hospital or nursing home, you have the right to file a lawsuit in order to protect yourself and recover damages. Cases involving negligent care such as bed sores, pressure sores, pressure ulcers, or other forms of patient abuse including sexual, physical, emotional, verbal or mental abuse require the assistance of an experienced lawyer well versed in nursing home abuse litigation. Depending on the state where the lawsuit is filed, there are generally two types of damages an injured party can seek to recover: economic and non-economic damages. Economic damages include medical expenses and lost wages. Non-economic damages include pain and suffering, loss of normal life and physical disfigurement.

What Is an Approximate Financial Recovery Of a Lawsuit?

As stated above, there are several types of damages (economic and non-economic) that can be sought in nursing home negligence and malpractice lawsuits. Aggressively pursued nursing home neglect and abuse cases (sexual, physical, mental, emotional, verbal) can frequently be settled for substantial amounts, and many times, prior to litigation. Though nursing homes will often times try and evade responsibility for the injuries caused to their patients by their nurses and staff, taking legal action is the first step in recovering damages and holding the responsible parties accountable for their actions.

What Is The Timeline For Filing a Lawsuit?

Though each case will vary depending on the location of the facility and severity of the injuries, in most cases the time a patient or their family has to bring legal action against a facility is governed by the individual state’s statute of limitations. Most states have specific statutes of limitations for nursing home negligence cases. The statutes vary greatly from state to state ranging from within one year of the date of injury, to up to eight years after the initial injury was sustained. If you fail to file a lawsuit within your state’s statute of limitations, you will not be able to seek financial compensations in the future. Additionally, some states require claimants to comply with specific regulations in order to receive the full amount of compensation owed to them, so you should consult with your lawyer to make sure you have complied with all of the regulations set forth by your individual state.

How Much Money Is Needed In Order To Hire a Nursing Home Lawyer To Handle My Case?

Most attorneys who assist the injured and their families in recovering money owed to them in nursing home negligence lawsuits work on a contingency fee basis. This means that the lawyer does not require money from the injured party or their family upfront and will only collect money if the injured patient receives a financial settlement from the negligent facility. The percentage of the settlement an attorney charges varies and depends upon the type of case, severity of the injuries, and complexity of the case. In the event that a settlement or favorable verdict in court is not reached, the lawyer does not receive compensation and the injured party is not responsible to pay the attorney a fee.

Can a Family Member File Litigation On Behalf Of a Deceased Relative?

If a family member died as a result of negligent care while staying in a nurisng home there is likely cause for litigation. In cases where bed sores or abuse and negligent care are responsible for the death of a patient, family members of the deceased can file a lawsuit and collect damages on their loved one’s behalf. Nursing home malpractice is an increasingly common area of law, but families need to be sure they find an attorney that is experienced in nursing home litigation.

What Should You Do?

Because of the complexity of nursing home litigation and the strict statutes of limitations on filing a claim, families of nursing home negelect victims should speak to an experienced attorney as soon as possible so that thay can protect their rights.