You are taking decisive action. Your father’s nursing home neglected his infected bedsores. You hired a nursing home abuse lawyer. At first, you didn’t believe it. Nursing home abuse is something you hear about but never expect to confront. Sadly, it is a real-life phenomenon. Two-thirds of nursing home staff admitted to witnessing resident abuse last year.
Your actions are a matter of principle. You hope to hold the nursing home accountable. You want to spare the needless suffering of others. You’ve never had to hire a lawyer. The whole ordeal is intimidating.
You can’t help but wonder what happens next? What should our family expect as we pursue this course of action? Is there a nursing home abuse lawyer near me?
Read on to understand the process of nursing home abuse lawsuits.
Pre-suit Investigation Journey
Florida law requires nursing home abuse lawyers to complete a pre-suit investigation. The lawyer must have solid evidence of abuse to file a nursing home abuse lawsuit. If the nursing home abuse attorney doesn’t meet the burden of proof, the case can be dismissed.
The pre-suit process is expensive and lengthy for the victim or their families. Thanks to the pre-suit obligation, the victim’s legal costs continue to mount. The nursing home doesn’t have to do anything but continue with business as usual.
Your attorney needs a clear picture of the resident’s care while at the nursing home. The resident’s records help to understand his/her usual standard of care. They also show changes in the resident’s condition and how the nursing home staff handled them. Did the team follow established procedures to reduce the accident or injury?
The nursing home abuse lawyer needs to establish negligence caused the injury before they file a lawsuit.
Confident of nursing home abuse, she hires a licensed doctor and/or registered nurse to review the documentation. The professional opinion adds to the client’s cost. If the expert agrees with the evidence, the lawyer sends a pre-suit notice to every “prospective defendant.”
The pre-suit notice includes:
- rights violated by the nursing home
- how negligence caused the injury
- description of the injuries involved
The nursing home then has 75 days to review and respond to the notice. Florida law views failure to respond as a rejection of the statement. After that, the parties work to mediate a settlement. Most cases settle out of court without the need for a trial. However, if the case does not resolve at the mediation, the lawsuit is then filed and the case heads toward trial. If the abuse is criminal, that may proceed to a criminal trial if the individual involved is charged with a crime.
Nursing Home Abuse Lawyer: Your Advocate
Filing a nursing home abuse lawsuit is no small feat. Your attorney must jump over scores of legal hurdles. These obstacles are designed to discourage people from filing baseless negligence lawsuits, however what it really does is make it that much harder for legitimate claims, like yours, to be brought. The two-year statute of limitations filing nursing home abuse lawsuits demands prompt action. Hiring a nursing home abuse lawyer helps to ensure a positive outcome for you and your family.
The golden years of your senior family members are too short and precious to be marred by frightening abuse. Find a lawyer to properly evaluate your case. Contact us for a free case evaluation. Your decisive action demonstrates love for your elderly relative. Let us help you put that love on display.