Having to send a loved one to live in a nursing home is never an easy decision. If you are like most people, you likely take the time to find the best care possible. Unfortunately, even with extensive due diligence, nursing home abuse may still occur.
If you, or someone in your family, has been a victim of nursing home abuse, then you are likely going to have questions, as well as concerns, about what legal rights you have – including what you need to do to file a lawsuit against the parties perpetrating the abuse. While the situation may be scary, filing a lawsuit is a step in the right direction to help you seek justice and protect your rights.
Filing a Nursing Home Abuse Lawsuit Step 1: Find an Attorney
If you are thinking about filing a nursing home abuse lawsuit, then the first step you should take is to find a qualified, experienced attorney who specializes in this type of case. Because of how complex these cases can be, having a legal professional who understands the law is essential.
Filing a Nursing Home Abuse Lawsuit Step 2: Getting Ready to File
Once you have found an experienced attorney, you need to prepare to file the lawsuit. You will work with your lawyer to gather any information you can, including documents that include photos or video, witness statements, medical records and contracts with the nursing home. After all, the needed information has been acquired, and it is determined that you definitely have a case, then you can begin the filing process. In most cases, this is something your nursing home abuse attorney will take care of with you.
Filing a Nursing Home Abuse Lawsuit Step 3: The Complaint or Petition
The actual lawsuit you file is referred to as the petition or complaint. This is the document that identifies the claims that you are making against the defendants. Additionally, this complaint will identify the legal reasoning for the claim, all facts relating to this claim, and the relief that you are seeking. You will file this complaint with your jurisdiction’s Clerk of Court, and it will be served to the named defendants after it is filed with the court.
Filing a Nursing Home Abuse Lawsuit Step 4: The Legal Process
Once your lawsuit is filed, the next step in the process is to gather information, interview witnesses, ask questions and get ready for the case resolution. The amount of time that this process will take varies from one case to another and is dependent on the individual facts and circumstances of the case.
Keep in mind, each of the aforementioned steps in the lawsuit process is important in regard to achieving a resolution that is successful. Together, you and your attorney can determine what the best options are to help secure a positive outcome, regardless of if it is settling out of the courtroom, or pursuing a more formal trial.
If you are facing a situation of nursing home abuse, then hiring an attorney is going to be the best option. To ask questions and find out more about this, contact the team of lawyers at Fetterman & Associates by calling 561-845-2510.
Additional Reading
Nursing Home Abuse: Warning Signs Your Loved One is a Victim of Financial Exploitation