A few key issues will determine whether you can win your nursing home abuse or neglect claim

It may seem like what is right and what is wrong is clear. It was wrong for your loved one to be hurt by nursing home abuse or negligence, and your loved one should be compensated for that wrong.

However, while nursing home injury cases may seem particularly egregious, you can’t simply assert that abuse or negligence has occurred. Instead, you have to prove it and you have to follow the rules of the legal process in order to make a fair recovery. If you fail to do so then your loved one will not recover any damages for the wrongful actions that caused her injury.

Six Things to Know Today

As you get started protecting your loved one’s rights, it is important to know that:

  1. Settlements are possible. Many of these settlements occur in arbitration which may be mandatory for you if you signed an arbitration agreement when you entered the nursing home.
  2. Only certain people have the legal right to file a lawsuit. You must have legal standing to bring a lawsuit. For nursing home abuse cases, this usually means that you were the one hurt, that you are the legal guardian of the one who was hurt, or that you are the personal representative of the estate of the person who was hurt and has since died.
  3. The time for filing a lawsuit is limited by law. The statute of limitations generally limits the amount of time that you have to file a nursing home abuse case to two years, though there are benefits to filing a case sooner.
  4. Collecting evidence is important. You cannot recover damages unless you prove that abuse or negligence occurred. This will require evidence that may include—but is not limited to—medical records, nursing home logs, photographs, and eyewitness testimony.
  5. Expert witnesses may be important. In some cases, expert witnesses such as doctors and nursing home professionals may provide useful testimony as you try to prove your case.
  6. A nursing home abuse lawyer can help you. You do not have to do this alone. You have the right to work with an experienced lawyer who is committed to helping you fight for what is right.

For more information about your rights, we encourage you to read our free book, Guide for Nursing Home Abuse and Neglect Victims: What You Need to Know to Protect Your Legal Rights and Get Every Dollar You Deserve, or to call us any time to schedule a free and confidential consultation.

Jason F. Abraham
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Helping car accident and personal injury victims throughout Wisconsin, Illinois and Iowa since 1993.