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Nursing Home Lawsuits
How Can a Nursing Home Injury Lawyer Help Me?
If you’ve been involved in a nursing home accident that was no fault of your own, it’s important that you know your legal rights. We know that lawsuits can be overwhelming and stressful, which is why you need the support of experienced nursing home injury litigators to help you get financial compensation for your recovery and rebuilding your life.
Nursing home lawsuits are legal claims filed in civil courts that allege abuse and misconduct on the part of the nursing home. This process must be done by an experienced attorney that specializes in nursing home abuse cases.
Nursing Home Lawsuits Must Prove 3 Elements
- Nursing home was in a legal contract to provide care to the victim
- Nursing home failed to uphold their duty of care in the contract
- The injury facts stated in the lawsuit against nursing home from a lack of care
Starting a nursing home injury lawsuit is a complex matter. Being represented by a lawyer experienced in nursing home abuse and accident cases is mandatory.
Experience counts when you hire a nursing home accident attorney to handle your personal injury case.
Our lawyers understand what it is like to be involved in a nursing home abuse case and have provided expert legal representation nationwide for decades. Permanent injuries are common in nursing home accidents and can have life-altering consequences.
Nursing home accident settlements often settle for larger dollar amounts because of the insurance requirements for nursing home company carriers.
Nursing home companies have teams of attorneys protecting their interests and will attempt to get accident victims to either drop their cases or settle for much less. The reality is that many nursing home accident cases require a personal injury lawsuit to obtain sufficient compensation for your injuries.
Some nursing home cases have more complex causes or involve more parties than others, which can influence the overall length of the case. There may be multiple individuals or companies that are responsible for causing or contributing to the nursing home accident, and you may have to prove how each party played a part in the injury.
Types of Nursing Home Injuries
- Abrasions
- Aspiration Pneumonia
- Assaults
- Bed Rail Entrapment
- Bed Rail Injuries
- Bed Sores
- Bone Fractures
- Broken Hips
- Bruises
- Burns
- Choking
- Cuts
- Dehydration
- Dropped Patients
- Emotional Abuse
- Excessive/Improper Restraints
- Head Injuries
- Hip Fractures
- Improper Medication
- Improper Treatment
- Infections
- Malnutrition
- Medication Errors
- Medication Overdoses
- Neglect
- Pelvic Fractures
- Physical Abuse
- Physical Assault
- Pressure Ulcers
- Resident Falls
- Sexual Abuse
- Sprains
- Subdural Hematoma
- Unclean Conditions
- Unexpected Falls
- Unsanitary Conditions
- Untimely or Unexplained Death
- Wandering
- Wheelchair Injury
- Wrongful Death
Causes of Nursing Home Accidents
- Breach of Statutory or Regulatory Rights
- Doctor Negligence
- Financial Exploitation
- Hazardous or Unsanitary Conditions
- Inadequate Staffing
- Lack of Supervision
- Medication Errors
- Negligent Hiring Practices
- Nursing Negligence
- Prescription Drug Errors
- Substandard Medical Treatment
- Third-Party Responsibility Claims
Nursing Home Accident Statistics
- 2.6 million Americans are living in nursing homes or an assisted living facility.
- 1 in 10 Americans age 65 or older will spend some of their lives in a nursing home.
- 50% of nursing home residents do not have close relatives or any family support.
- 44% of nursing home residents have suffered some type of physical abuse.
- 75% of the nursing home residents are women and 50% of nursing home residents are age 85 or older.
- 1 million elderly Americans are victims of physical, psychological and other forms of nursing home abuse each year.
Types of Nursing Home Abuse
Physical Abuse
- Beating
- Burning Skin
- Chemical Restraints
- Deprivation of Medication
- Kicking
- Knocking Down
- Physical Restraints
- Pinching
- Pulling Hair
- Punching
- Shoving
- Slapping
- Striking
- Withholding Hydration
- Withholding Hygiene Needs
- Withholding Nutrition
Sexual Abuse
- Emotional Abuse
- Fondling
- Forced Exposure to Pornography
- Forced Oral Copulation
- Inappropriate Touching
- Rape
- Sexual Assault
- Sexual Coercion
- Sexual Harassment
- Sodomy
Financial Abuse
- Accessing Bank Accounts of Resident
- Billing Resident For Services Not Provided
- Electronic Transfers
- Electronic Debits From Resident's Account
- Forged Check of a Resident
- Identity Theft of Resident For Financial Gain
- Online Credit Card Transactions
- Stealing Money From Resident
- Stealing Property From Resident
- Self-Dealing Transactions With A Resident
- Tricking Resident Into Executing A Contract, Will, Trust, or Will
Emotional Abuse
- Abandonment
- Emotional Manipulation
- Isolation
- Threats
- Verbal Abuse
How Long After a Nursing Home Injury Can I File a Lawsuit?
Whether a minor injury or serious injury, nursing home cases can take a long time to reach financial settlements. Most states allow plenty of time between the accident/injury and the deadline for filing a lawsuit. Injured victims should contact a nursing home accident lawyer for advice on when to file.
Understanding Your Statutes of Limitations
Every state is different regarding nursing home accidents and lawsuits. In most cases, victims have 1-3 years to seek legal action against the responsible parties for your injury. If you're concerned about your Statute of limitations timeline, a free case evaluation will help you understand your options.
Nursing Home Accident Lawsuits
How Long After a Nursing Home Injury Can I File a Lawsuit?
Brain Injury victims should contact an experienced brain injury attorney immediately after an accident. An experienced attorney understands how to deal with difficult insurance companies and know-how they try and get out of paying for a victim's injury claims.
When filing a lawsuit, the victim may not know who is responsible for causing the accident or injury. In most cases, the trial will name every potential defendant who may have had a role in causing brain injury.
Whether a minor brain injury or a severe brain injury, a brain injury lawsuit can take a long time to reach financial settlements. Most states allow plenty of time between the injury/accident and the deadline for filing a lawsuit. Injured victims should contact a brain injury lawyer for advice on when to file.
Understanding Your Statutes of Limitations
Every state is different regarding brain injuries and lawsuits. In most cases, victims have 1-3 years to seek legal action against the responsible parties for your injury. If you're concerned about your Statute of limitations timeline, a free case evaluation will help you understand your options.
Compensation Damages from Nursing Home Lawsuits
Compensatory damages are available to Brain injury victims. Compensatory damages are intended to compensate a plaintiff for losses in an injury accident. Compensatory damages in a brain accident lawsuit can include both “economic” costs and “non-economic” damages.
Anyone injured in a brain accident may be able to file a personal injury lawsuit for damages caused by a negligent lawsuit. Injury victims can file a lawsuit to recover damages that can include:
- Court Costs
- Disfigurement
- ER Treatment
- Future Medical Treatment
- Hospital Stays
- Loss of Consortium for Spouse
- Loss of Enjoyment in Life
- Lost Earning Capacity
- Lost Wages
- Medical Bills
- Medical Supplies
- Nursing Home Care
- Pain and Suffering
- Physical Disability
- Physical Therapy
- Prescription Drugs
- Property Damages
- Vehicle Repairs
Do You Have a Case? It Costs Nothing to Find Out!
Because each brain injury lawsuit case is unique, it could take several months or even years to settle a claim or complete a trial. A brain injury lawsuit involves the following steps;
Claim Assessment - When a claim is filed, an assessment is made to ensure you have a valid case. This assessment examines injury/accident details, evidence, damages suffered, medical expenses, cost of future care, and the negligence of the other party during your free consultation.
Investigation - If you have a qualified case, a thorough examination of your brain injury will begin immediately to preserve evidence. Negligent parties will also be notified, and demand will be issued for the preservation of all evidence, including photographs, medications, medical records, and other data.
File and Complaint - Once your evidence is preserved, a lawsuit will be filed against all parties who are deemed negligent in the accident/injury.
Case Discovery - This is where case information is requested from the other parties, conduct depositions, interview witnesses, and obtain expert analyses, injury reconstruction, and medical evidence to build a solid case.
Begin Mediation - Victims and defendants will attend mediation to determine if a fair settlement can be reached. During mediation, a negotiator will attempt to make a settlement to compensate for pain, suffering, and other damages. The majority of brain injury lawsuits will settle before going to trial.
Go to Trial - If no settlement is reached in mediation, the lawsuit will proceed to trial. A jury or judge will hear the case. Attorney's will present evidence and participate in closing arguments.
Settlement - The judge or jury will then determine fault and decide on the amount of compensation to award for your losses.
Put Experienced Brain Injury Accident Investigators on Your Case!
Free Case Evaluation – Nusing Home Injury Lawsuits
If you or a loved one suffered a nursing home injury from an accident or defective medical product due to manufacturer negligence, we can help.
We have experienced brain injury lawyers that will hold negligent parties responsible for personal injuries, including wrongful death.
Contact us today for a free, no-obligation case review. We can provide you with a 100% free case evaluation where we examine the details of your case and determine which legal strategies can best protect your future.
If you think you have a case, now is the time to reach out to a legal representative. If you believe that you have a brain injury case, we can help you now.
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We Help Get You Fair and Just Compensation for Your Brain Injury!
If you or a loved one has suffered a serious brain injury, it’s important to seek experienced legal help. Studies show that parties that retain professional legal counsel recover 3x more compensation on average than parties who attempt to represent themselves.
We believe that people have the right to find the best possible legal representation from the most experienced lawyers in their state. We have developed relationships with highly qualified lawyers that we know will work hard to win your case.
You can be 100% confident that the lawyers that we work with will have your best interest in mind.
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31 million people are injured each year that require medical treatment.
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