Suing for Neglect in Nursing Homes

Nursing home mistreatment sometimes takes the form of simple neglect. This form of senior abuse can be just as dangerous as outright physical abuse but is oftentimes more difficult to detect. Unfortunately, the signs that make it apparent are sometimes life-threatening.

If you have someone in a nursing home that is the victim of neglect, you may have the option of filing a lawsuit to seek compensation. This is something that you have to discuss with an attorney but, in some cases, they may be able to get a large sum for the victim in the form of a jury award or a settlement.

Getting Started

Some attorneys who work with these cases will offer you a free consultation. Remember, this is not the first step in dealing with nursing home neglect. The first step is to get the patient out of the situation, as they may well be putting in danger of life and limb by the neglect. Once it has been remedied, however, talking to an attorney is the next step you should consider.

Talk to the attorney as soon as possible, as there may be limitations on how long you have to file a lawsuit. The attorney will work with you to determine whether or not you have a case. If they believe that you do have a good case, they may encourage you to file it and want to represent you. This, of course, brings up the issue of attorney fees.

Paying for the Fees

Some of the best attorneys in this field will work with you on a contingency. This means that they’re staking their pay on winning your claim. If they cannot manage to win a settlement or a jury award for you, they forego their pay for having worked on the case in all regards. This means that you’re not at risk of getting stuck with legal fees if you have a case that doesn’t turn out to win.

If you do win, you may receive a jury award after having gone to trial or the nursing home that you’re suing may opt to settle the case out of court by offering you a sum of money to avoid going to trial. This will usually only happen if they believe that your case is very likely to win and if they want to avoid the costs of going to court themselves and your attorney will help you negotiate it.