
During the discovery phase, both sides exchange evidence. Typically, this involves things like medical records and physical objects.
Your attorney may work with geriatric specialists and nursing experts to build your case. They can help you prove the harm that your loved one suffered and justify fair compensation.
Compensation for nursing home abuse or neglect can include several types of damages. These include economic and non-economic damages. Visit Chicago Nursing Home Abuse Attorney to learn more.
Filing a Complaint
When a resident of a nursing home experiences abuse or neglect, family members can file a lawsuit against the facility or individuals involved. State laws establish rules on who can file a lawsuit; typically, immediate family members (spouses, children, or parents) are eligible to do so. Family members may also file a wrongful death lawsuit if their loved one died as a result of the abuse or neglect.
To build a strong case, your attorney will gather evidence such as photographs of any visible injuries or unsafe conditions, medical records, and testimony from witnesses who witnessed the incident. They can also work with geriatric specialists or nursing experts who can provide testimony about what should have happened and how the facility failed to meet those standards of care.
Once your attorney has gathered enough evidence, they will file official paperwork with the court system, formally starting the lawsuit and serving notice to the nursing home and its insurance company. During the discovery phase, both sides exchange information and take depositions; these often uncover new evidence that strengthens your case.
Many nursing home lawsuits settle out of court, and your lawyer will negotiate on your behalf to secure a fair settlement for your family. If a settlement cannot be reached, your attorney will prepare to take the case to trial.
A successful nursing home lawsuit can help families access the financial compensation they need to pay for funeral expenses, lost income, emotional suffering, and other damages. In addition, it can hold nursing homes accountable for their negligent behavior, preventing them from abusing or neglecting other residents in the future.
Most reputable nursing home abuse attorneys offer free initial consultations and work on contingency fees, so you don’t have to worry about upfront legal costs; they will only get paid if they win your case. However, you should still ask an attorney about their track record with similar cases and how they plan to handle the investigation of your claim. You should also make sure to understand their fee structure, including how much they will charge if they win your case and what percentage of the payout they will take as their fee.
Preparing for Trial
After ensuring that your loved one is no longer in danger and has received medical care for any injuries, you can begin the legal process of holding responsible individuals and institutions accountable. Your lawyer will use the evidence you have gathered to build a case that explains how your loved one was injured, why the nursing home or its staff members are at fault, and what compensation you are seeking.
During the discovery phase, your lawyer will work to gather additional evidence by interviewing witnesses and reviewing documents. This can involve requesting thousands of pages of documentation and sifting through it for key information. It will take your lawyer’s skill and experience to make the most of the evidence and determine which pieces are crucial to your case.
Your attorney will also examine the facility itself. This can include visiting the site of the incident to get the “lay of the land,” and meeting with staff members who had both direct and indirect responsibilities for your loved one’s health, such as the administrator and director of nursing, and the charge nurse, certified nursing assistants, dieticians, physical therapists, and others who provided your loved one’s care. The goal is to size up potential weak links, and determine the best persons to question for deposition at a later date.
The discovery process may include requesting documents from the facility and its parent corporation, as well as any other states in which it operates. It is also common for the investigation to reach into financial data to evaluate operational, purchasing and personnel policies that might indicate a facility’s priorities are profit over people.
Nursing home abuse cases often go to trial. In a trial, a jury would decide if the nursing home or its employees are liable and how much compensation you should receive. The length of time it takes to obtain a verdict varies, depending on the details of your case.
While a trial can be emotionally and psychologically draining, it has the benefit of potentially resulting in a higher award. However, you must consider the possibility that the jury could find in favor of the defendant and not award you any damages at all.
Negotiating a Settlement
If your loved one is injured or suffers from abuse in a nursing home, you can file an injury claim to seek compensation for their damages. However, some families may not want or need to take their case to trial, as a jury verdict can be unpredictable. Instead, many nursing home abuse victims choose to settle their cases out of court. If your family decides to settle, your personal injury lawyer can help you secure a fair settlement amount.
The litigation process typically begins with filing the complaint and serving notice to the nursing home facility and its insurance company. During the discovery phase, both sides gather evidence. Your personal injury lawyer can use this information to prove the nursing home failed to meet basic care standards. Your lawyer will also prepare expert witnesses to testify about the level of negligence involved in your loved one’s situation.
Once your lawyer has built a strong case, they can negotiate with the insurance company to reach a fair settlement. Your loved one’s pain and suffering, the amount of time they spent in the nursing home, and any property losses can factor into the settlement. In addition, you can seek punitive damages to punish the nursing home for particularly harmful conduct and deter similar behavior in the future.
Nursing home settlements are generally faster and less expensive than a trial, which can save your family costly trial expenses such as witness fees, exhibit preparation, and expert witness testimony costs. Depending on the severity of your loved one’s injuries and other factors in your case, the type of care they receive at the nursing home, and the nursing home’s record, your family can secure substantial compensation through a settlement.
Whether to settle your case or go to trial is a complex decision that your experienced lawyer should discuss with you. Your attorney can explain your options and the advantages and disadvantages of both approaches.
If you are interested in pursuing a nursing home lawsuit, contact Siniard Law, LLC to schedule a free consultation with our skilled nursing home abuse lawyers.
Going to Trial
As you move forward with your case, it is important that you document the details of the alleged abuse. This will help your legal team build a strong case on your behalf to secure fair compensation. Your attorney will work with medical experts and other professionals to demonstrate that the nursing home abused or neglected your loved one, which led to harm and injury.
It is also helpful to have written records of communications with the nursing home that may contain admissions of wrongdoing or promises to improve care that never happened. These communications can be used as evidence during your lawsuit and may help bolster your case’s settlement or verdict offer.
Once your legal team has gathered sufficient evidence to build your case, they will file the official complaint against the nursing home and any individuals responsible for the abuse or neglect. This begins the legal process of a nursing home abuse lawsuit, and those suing become known as plaintiffs while those being sued are called defendants.
After your attorney files the lawsuit, they will start a discovery phase with the facility’s attorneys and insurance company to exchange information and request documents related to the incident. The legal team will also prepare expert witnesses to testify about standards of care and how the facility failed to meet these guidelines, which helps strengthen the case for a successful nursing home abuse lawsuit.
Many cases settle out of court during this time, but your Manhattan nursing home abuse lawyer will fight hard to secure a fair settlement offer on your behalf. Your damages will be calculated to cover the impact of the abuse or neglect, which could include medical bills, pain and suffering, loss of consortium, and more. Punitive damages are also sometimes awarded in nursing home abuse lawsuits, which are meant to punish the facility for its actions.
If a settlement is not reached, the case will proceed to trial, where your Manhattan nursing home abuse lawyer will present all of the evidence to a jury who will decide if the facility and any individuals responsible for the abuse or neglect are liable. If the jury finds in your favor, they will award you compensation for your losses.

