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What Is a Nursing Home Abuse Lawsuit?
A nursing home abuse lawsuit is a type of legal action that older adults or their families can take if they were hurt while living in a long-term care facility.
Nursing home lawsuits allow elders and loved ones to recover compensation after abuse or neglect takes place. Lawsuits can also hold the nursing home and its staff accountable.
Older people turn to nursing homes when they can no longer care for themselves. Sadly, some staff members may neglect to properly care for older residents, or even physically harm them.
You can sue nursing homes for the following types of abuse:
- Elder neglect
- Physical abuse
- Sexual abuse
- Wrongful death
A nursing home abuse law firm can make the legal process easy and pursue the most compensation possible in your case.
Who Can File a Nursing Home Abuse Lawsuit?
Many people can file nursing home abuse lawsuits if they meet certain criteria. Learn who can file below.
Nursing Home Residents
Elders can file lawsuits if they were physically harmed, sexually assaulted, or neglected in a nursing home or assisted living facility.
If a resident can’t file a nursing home case due to mental or physical disabilities (such as dementia), close family members can file on their behalf. Family members can also file if a resident died from abuse or neglect and hadn’t filed a lawsuit before they passed.
Distant family members or even non-relatives (such as friends or a lawyer) may be able to file nursing home abuse lawsuits if they have power of attorney or manage the resident’s estate.
What Are the Different Types of Nursing Home Lawsuits?
There are many types of nursing home abuse and mistreatment. If your loved one suffered from any of the types listed below, you may be able to file a nursing home abuse lawsuit.
Physical nursing home abuse occurs when a staff member harms a resident through force or violence. Over 9% of nursing home staff members admitted to physically harming residents, according to the World Health Organization (WHO).
If you think your loved one has been physically abused, look for serious injuries like broken bones, bruises, cuts, and burns. The resident may also be afraid of staff members due to the abuse they’ve suffered.
This type of abuse happens when an elder is sexually assaulted in a nursing home. It can lead to wounds or bruising around the genitals, and the development of sexually transmitted diseases (STDs).
Like physical abuse, sexual assaults can be very traumatic for nursing home residents and their loved ones. It’s important to note the signs listed above and take action if you suspect your loved one may have been abused.
Nursing Home Neglect
Nursing home negligence or neglect occurs when staff members fail to meet basic standards of care. This causes residents to suffer or even die because they aren’t getting the care they need.
The effects of nursing home neglect may include bedsores (also known as pressure ulcers), dehydration, and malnutrition. Another sign of nursing home neglect is when clothing, bedding, and rooms are dirty.
Staff may also be committing neglect if they fail to protect elders from physical or sexual abuse by other residents.
Physical abuse or neglect can cause a resident’s death. In these cases, family members or estate representatives can file a wrongful death lawsuit to obtain justice and closure.
Wrongful death lawsuits argue that the nursing facility and/or its staff are responsible for the resident’s death. Claimants seek compensation for pain and suffering, funeral expenses, and punitive damages, among other damages.
Additionally, if a resident filed a lawsuit but died before it was resolved, their family or estate manager may pick up where they left off.
How Much Is a Nursing Home Abuse Case Worth?
Every nursing home abuse lawsuit is different, so each one pays out a unique amount. That said, some have received over $1 million from nursing home abuse lawsuits.
Nursing home lawsuit compensation varies depending on:
- Medical bills and other expenses
- Punitive damages (awarded by jury verdicts in trial to punish abusers)
- The victim’s pain and suffering
A skilled nursing home abuse lawyer can determine the value of a lawsuit. Contact us for a free, no-obligation consultation to learn how much your case could be worth.
Is It Difficult to Sue a Nursing Home?
The lawsuit process is easier if you work with a nursing home law firm. Nursing home abuse law firms can handle the paperwork, ensure that your claim is filed on time, consult with experts, and gather evidence. This allows you to focus on spending time with your family and healing.
Plus, there are no upfront or out-of-pocket costs when you work with a nursing home abuse lawyer.
How Long Do I Have to File a Nursing Home Lawsuit?
You only have a limited amount of time to file a nursing home abuse lawsuit due to laws known as statutes of limitations. These laws prevent you from filing lawsuits after a set period of time.
Each state has a different statute of limitations, but in most cases you need to file within 3 years from the time your loved one was harmed, if not sooner. If you miss this deadline, you may miss your chance at justice — and compensation.
Even if you think time has run out, it’s worth it to speak with an attorney who can determine if you’re still able to file. Contact us to connect with an experienced nursing home abuse lawyer.
Is It Worth It to Sue a Nursing Home?
When you hire a nursing home abuse law firm, there’s no financial risk to filing a lawsuit, and the payout could be significant. These attorneys don’t get paid unless they secure compensation for you. That means you have nothing to lose and potentially much to gain.
Some past nursing home abuse lawsuits have recovered:
- $2 million after a woman died from sepsis due to a blocked catheter
- $1.75 million after a man burned to death due to a caregiver’s negligence
- $1.35 million for a case of severe neglect that led to a man’s death
- $1.2 million for a resident who suffered from bedsores and kidney damage
Importantly, though, you don’t just receive compensation from a nursing home abuse lawsuit. You also get peace of mind knowing that justice was served to those who harmed your loved one, and that a powerful message has been sent to other would-be abusers.
How Do I File a Nursing Home Abuse Lawsuit?
You can file a nursing home abuse lawsuit by working with one of the dedicated, experienced attorneys in our network.
We can put you in touch with a nursing home law firm that has:
- Decades of experience
- Nationwide reach
- A track record of success
Don’t miss your chance at compensation and justice for elder abuse. Speak with a top nursing home abuse law firm today.