Taking care of loved ones as they age can be an exhausting and thankless task. As people age, the option of living at home alone becomes a liability. In many instances, they end up needing to reside in a nursing home.
A nursing home is an option for many people as they become older and less able to care for their daily needs. Nursing homes should be seen as a safe haven for all, but in some instances, abuse can take place. What should be a place that you can rely on to care for your loved ones can sometimes be dangerous.
If you suspect that your loved ones are not properly cared for and are suffering from injuries due to abuse or neglect, you have options. The first thing you should do is to pull your loved one from that environment and seek medical attention. Once you have secured a safe place for them to be, you may want to consider a lawsuit.
A nursing home abuse lawsuit can be scary, but it also will benefit potentially hundreds of people. Once the cycle of abuse ends, future residents will not have to endure what your loved ones had to. The following tips can help you get started with preparing and filing a lawsuit.
Call Your Attorney
As soon as you suspect abuse, you need to contact law enforcement as well as the management of the facility. You also need to get in touch with your attorney. Use an attorney who specializes in nursing home abuse.
These types of cases can be very complex, particularly when criminal charges are necessary. A nursing home abuse attorney will have the resources and experience necessary to get you through the process.
After you have retained your attorney, you will then need to begin preparing your evidence. With your attorney, collect all important documents pertaining to your lawsuit. These documents will include the contract signed when your loved one was placed in the facility, medical records from the duration of his or her time there, and any photos of injuries.
If possible, try to photograph the conditions of the living quarters where your loved one resided. If the conditions are subpar, these photos can help support the neglect portion of the lawsuit. After you have gathered all the evidence, you and your attorney may then file the lawsuit.
File the Lawsuit
Lawsuits involve several different forms, but the document that initiates a lawsuit is called the complaint. This document states that you are the plaintiff filing a complaint against the defendant.
This document will state the legality of the claim and the reason you are filing it. It will also state facts of the claims you are making and will list your desired outcome. After you file the lawsuit with the court clerk, the defendants will be served.
Move Through the Legal Process
The lawsuit doesn't end with the initial filing, however. Your attorney will need to conduct interviews with the nursing home facility, contact any witnesses, and flesh out the rest of the details of the case. This process can be quite lengthy. You may also have to attend court to obtain a final resolution.
Filing a lawsuit is imperative to helping your loved one and others in an abusive facility get out of a dangerous situation. Your attorney will discuss the filing with you all during the process and help prepare for a favorable outcome. If you have questions or would like more information about filing a nursing home abuse lawsuit, please contact The Law Offices of Phillip Garrison Wedgworth.