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.
Each family and case has a unique story. However, there are some common questions asked by client families.
The nursing home abuse and neglect attorney files a formal claim on behalf of you. 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.
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 the 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.
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.