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Nursing Home Abuse and Neglect Frequently Asked Questions

Arizona nursing home abuse

There are more than one million reports of elder abuse in nursing homes every year. Since 1974, the nursing home injury attorneys at Solomon & Relihan have represented families and people harmed by elder abuse throughout the country. With unparalleled insight from thousands of resolved cases, Solomon & Relihan has a proven record of success.

What Can I Do If My Loved One Is Being Abused in a Nursing Home?

If your loved one is facing nursing home abuse and neglect, call 911 and report it immediately. The next step would be to get your loved one out of the assisted facility. Offer them the necessary medical and emotional support as elderly abuse can take a toll on one’s life. You should also consult a nursing home abuse lawyer as soon as possible. They can help you recover compensation for the abuse your loved one suffered.

How to Prevent Abuse in Nursing Homes?

Increased awareness is a good way to prevent nursing home abuse and neglect. Also, you should vet a nursing home thoroughly before putting your loved one in their care. If the nursing home has a history of abuse and neglect, reconsider your option. Choose a nursing home with solid patient care policies, procedures, and skilled staff. Still, keep an eye out for signs of elderly abuse. If you see the signs, report the abuse immediately and hire a nursing home abuse lawyer.

What Can a Personal Injury Lawyer Do for Me?

A personal injury lawyer represents victims who have suffered injuries due to lack of care, negligence, or even if it was a deliberate incident. They usually cover claims involving car crashes, slip-and-fall, medical malpractice, and nursing home abuse, among others.

Your personal injury lawyer can help you recover damages for your medical expenses, injuries, lost wages, disabilities, and emotional trauma resulting from the accident or neglect. Call them as soon as possible.

How Do I Report Nursing Home Abuse?

The fastest and the most reliable way of reporting nursing home abuse is to call 911. You should also report nursing home abuse and neglect as soon as possible. This ensures timely intervention from the authorities and saves your loved one from further trauma. However, you should also call a reliable nursing home abuse lawyer immediately. They can help you recover damages for the abuse your loved one suffered.

What Is Nursing Home Abuse and Neglect?

Mistreating older adults living in assisted living facilities is nursing home neglect and abuse. It could be physical and mental abuse or both. It’s a more common problem than you think. Being old, senior citizens are easy prey for nursing home abuse. If you believe your loved one is getting mistreated, you should report it and contact a nursing home abuse lawyer immediately.

How Long Do You Have to File a Lawsuit Against a Nursing Home?

The time limit will vary depending on what type of case your attorney files against the nursing home. Your attorney may file a personal injury, medical malpractice, or wrongful death suit. After you file the claim, you will follow the laws in the state where the abuse took place and be guided by your lawyer throughout the process. Every state has its own laws regarding nursing homes.

If you Missed the Civil Lawsuit Timeline, the nursing home could present a motion to dismiss your case. If the judge agrees and approves the motion, you will not be able to pursue the claim. If you believe you have missed the statute of limitations, you can speak with a nursing home neglect and abuse lawyer. Some circumstances allow you to proceed.

Your lawyer cannot settle your nursing home injury case without you. Your lawyer can handle many aspects of your case on your behalf, but under no circumstances can a lawyer accept an offer without your consent unless you have given the attorney preauthorization.

You do not have to have any money upfront to hire nursing home abuse and neglect attorneys. Nursing home abuse and neglect lawyers work on a contingency fee basis, meaning they only get paid if the case has been won.

What should I expect during a nursing home lawsuit?

On average, it can take anywhere from 18 to 24 months to resolve a nursing home abuse and neglect lawsuit. This can vary depending on the complexity of your claim and other factors.

While you’re preparing to file the lawsuit, you want to make sure you have the information needed to pursue legal action, as well as any documentation regarding a timeline of when your loved one arrived at the nursing home and when you believe the abuse began. This could include documents such as pictures of any injuries.

During the lawsuit

In order to reach a successful resolution, you need to show evidence of abuse or neglect. Some examples may include the development of bed sores, falls with injuries, or unexplained rapid decline.

Any documents you have may be helpful during settlement. Keep all records and bills associated with your loved one’s abuse in the facility in a safe place.

How do I file a claim against a Nursing Home?

The nursing home abuse and neglect attorney files a formal claim on your behalf. Your lawyer will need to be able to prove three things: that the facility owed a duty of care to your loved one, there was negligent care, and that it led to the loved one’s death or injury. If you have those three facts, you will be able to pursue a claim.

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