Is Hiring A Lawyer Necessary For Winning A Nursing Home Abuse Case?

When a case of nursing home abuse is brought to court, the nursing home in question must defend itself and the negligent actions of its staff. If indisputable evidence is produced that the resident has been mistreated or abused in any way, the victim WILL be compensated if appropriate measures are taken. In some cases, the court may even order the nursing home to be shut down.

Nursing home residents' rights are protected by the 1987 Nursing Home Reform Law, which requires nursing homes to "promote and protect the rights of each resident." Regardless of the law, nursing home abuse remains a serious concern in the U.S. The National Center on Elder Abuse estimates that about 1 in 20 nursing home residents has been the victim of abuse at the hands of nursing home staff. According to the study, 57% of nurses aides' in nursing care facilities admitted to witnessing and/or participating in elder abuse. Unfortunately, it is not always easy to spot and ultimately prove the signs of nursing home abuse.

If you believe that someone you know has been abused or mistreated in the care of a nursing home, there are a few rules that need to be followed before you can file a lawsuit for damages.

For one, you should obtain and file the names of all the employees of the nursing home in question, along with all the documentary evidence that indicates that the person has been abused or mistreated (such as medical bills, and photos of the injury) When you have put everything together, you should schedule a meeting with a senior abuse lawyer ASAP.

Why hire a lawyer?

In nursing home abuse cases, what a nursing home abuse lawyer can do for you is invaluable. Your lawyer (assuming they have the experience dealing with elder abuse in your state) will know what it takes to build up a solid case that will ultimately get you justice for your loved one's injuries, pain, and misery. While you can certainly stand up against the nursing home on your own and avoid the fees of a nursing home attorney, you will find it hard to build up a solid case unless you have an experienced lawyer on your side. Also, most nursing home abuse attorneys will only ask to be paid if a settlement is reached for their client.

Sometimes, the abused person and the nursing home in question can come to an agreement regarding compensation with the aid of their personal injury lawyer, and the intervention of a judge is not required. This is usually the quicker and more convenient process, not requiring formal presentations of witnesses or evidence exhibits. If an agreement cannot be reached outside the courtroom; however, the case may be pursued in front of a judge. Here, evidence and witnesses will be presented to support and disprove each case. The final outcome of the case will be decided upon by a judge, and although appeal processes are available, they are lengthy and hard to succeed with.

Don't cripple your chances of getting justice. Hire a qualified nursing home abuse lawyer to fight your nursing home abuse case.