When concerned family members learn that their senior is being abused at a nursing home, their first reactions are usually frustration, anger, and sorrow. When these initial reactions fade, family members instead start to think about how to take action. The obvious choice is to sue the nursing home for negligence, but that’s not always easy. Family members often have absolutely no experience with the legal system, and they don’t know where to start when it comes to lawsuits.
If you find yourself in this situation, it’s important to realize that filing a lawsuit is much easier after you get in touch with a qualified, experienced legal professional. Although this process can be complex, you can leave the “heavy lifting” to a qualified lawyer and focus instead on important family matters – such as helping your loved one heal from psychological or physical injuries.
With that said, you can approach your upcoming lawsuit with a greater degree of confidence if you gain a basic understanding of how this process works. After you learn more about a nursing home lawsuit, it’s easier to take the necessary steps and strive for the best results. With an attorney by your side, you can hold negligent nursing homes accountable for the damages they have caused to you and your family members. These legal professionals can help you strive for a fair, adequate settlement for everything you’ve been forced to endure. With that said, you need to book a consultation with attorneys near me as soon as possible to avoid issues with the statute of limitations.
Proving Negligence
To move forward with your lawsuit, you first need to make sure that your loved one’s injuries were caused due to the nursing home’s negligence. Negligence is a legal concept that consists of four elements:
- Duty of Care: It is obvious that nursing homes owe their patients a duty of care. This means they have a legal obligation to keep them safe and prevent them from being injured, within reason.
- Breach of Duty: This means that the nursing home failed to provide this care in some way. For example, they might have operated an understaffed facility. Perhaps they gave your senior the wrong medication. Maybe they allowed a staff member to abuse your senior. These are all examples of “breaches” when it comes to duty of care.
- Causation: This means that there was a clear connection between the nursing home’s breach of duty and the injury itself. For example, the fact that a nursing home was understaffed may have been a sign of negligence, but the injury might have been related to something else entirely – such as improper sanitation protocols.
- Damages: The last element of negligence is damages. This means that the negligence actually led to clear injuries. This is easy to prove in most cases, as you will simply need to show medical records that highlight the legitimacy of the injuries (1).
Most Lawsuits Never Go to Court
Another important thing to remember about lawsuits is that most never actually go to trial. In fact, over 90% of all civil cases never go before a judge. This means that you are far more likely to simply receive a settlement from the negligent nursing home (2). A settlement is often the best outcome for all parties involved. It saves both parties from an expensive, drawn-out trial while also providing the plaintiff (you) with considerable compensation. Although this means you cannot publicly shame the nursing home for their actions, it helps you achieve a sense of closure and justice.
Negotiating for a settlement isn’t always easy, however. These negotiations can become quite intense, and this is why you need a qualified, experienced attorney on your side. Your lawyer can negotiate on your behalf, pushing back against insurance companies and other entities who will try to offer the lowest possible settlement they think they can get away with. During these negotiations, you may be asked to back up your claims with evidence.
Enlist the Help of a Qualified Attorney Today
If you’ve been searching for a qualified, experienced nursing home abuse attorney in Chicago, look no further than Dinizulu Law Group, Ltd. With our assistance, you can approach your upcoming lawsuit with a sense of confidence and efficiency. We know that this legal process may seem complicated or even daunting, but that’s exactly why you get help from a legal team. With our guidance, you can handle the ups and downs of your lawsuit and focus on family matters while we deal with the details. Book your consultation today and let us fight for your rights while pursuing justice.
Sources
- https://www.law.cornell.edu/wex/negligence
- https://www.kshb.com/news/local-news/investigations/drowning-sex-abuse-among-issues-i-team-uncovers-at-problematic-nursing-homes
Dinizulu Law Group, Ltd.
(312) 384-1920
221 North LaSalle, Suite 1100
Chicago, IL 60601
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