Nursing home abuse is a major problem in the United States, with hundreds of thousands of incidents each year. Unfortunately, it is a problem that many seniors never report and that families will not discover. According to the National Institute on Aging (NIA), nursing home abuse is underreported.
If your loved one is the victim of nursing home abuse, you can choose to take legal action to hold the nursing home and its staff responsible for what happened to your loved one. If you win your case in the civil court system, you can use the compensation that you receive to pay for additional medical expenses, mental health care, and the transition to a new nursing home. This could make a difference.
The days, weeks, and months following the discovery of nursing home abuse can be trying and traumatic. The very institution that was in charge of taking care of your loved one caused them more harm. In some cases, nursing home abuse leads to long term financial issues, in the case of financial abuse or expense medical care required to treat physical abuse. By holding the liable parties accountable, though, you may be able to receive compensation to cover these financial damages.
Once you discover that your loved one is the victim of nursing home abuse, you can decide to take legal action right away, even if the investigation is ongoing. The most important thing is to be able to get your loved one away from their abusers and to get them the care that they need. It might take some time before you are able to trust a nursing home facility with their care again. You can work with a San Antonio nursing home abuse lawyer to start your civil case. Contact Pintas & Mullins Law Firm at (800) 842-6336 for a free consultation with a member of our legal team. We are available to listen to the details of your case and to provide our recommendations at no charge to you.
Types of Nursing Home Abuse
There are several different types of nursing home abuse, including:
- Physical abuse: This is any form of abuse that involves physical injury, such as hitting, biting, and punching.
- Sexual abuse: This involves any form of unwanted sexual attention to nursing home residents.
- Financial abuse: This includes theft or accessing resident accounts.
- Emotional abuse: This can include yelling, screaming, or manipulation of residents that makes them feel bad.
This list highlights just some of the types of nursing home abuse. However, there might be other types of nursing home abuse that your loved one suffered. No matter what kind of nursing home abuse happened, it is possible to hold the liable party responsible for their actions in the legal system.
Settlement vs. Trials
Not all civil cases go to trial in a courtroom. In fact, many cases end in settlement offers before the trial. This becomes more likely when companies and organizations, such as a nursing home, are involved. Most companies want to avoid public media exposure that comes with courtroom trials and may prefer to try to settle the case beforehand. This can also be faster and more cost-effective for the company, as you never know what the judge will award during the case. Plus, there are court fees to consider.
It is important to realize that you do not have to accept any settlement offer that comes your way. If you do not feel that it is enough compensation or prefer to go to court, it is your right to negotiate or continue as a courtroom trial. However, there are many victims and their families that prefer settlement offers when available. Your lawyer can work on negotiating any settlement offer until it properly reflects your expenses and is fair. This all occurs with your input and includes you throughout the process, with your being involved as much as you are comfortable.
For a free legal consultation with a Nursing Home Abuse Lawyer serving San Antonio, call (800) 842-6336
Determining Liability
In some nursing home abuse cases, liability can be fairly black and white. This staff member did this bad thing to a nursing home resident. The staff member should be held individually responsible for their actions. The court can hold them accountable financially for what happened, and they alone would need to pay for the outcomes. In many cases, individual staff members do not have a lot of assets to give to you, even if you win your legal case in court.
However, nursing homes are businesses. Companies have a responsibility for monitoring their staff and having precautions in place to prevent nursing home abuse. This includes background checks on new hires, supervision or surveillance, and identifying troublesome behavior. As a result, the nursing home can also be held responsible for what happened.
Nursing homes likely have liability insurance to protect them. If a nursing home is responsible in any way for what happened to your loved one, it is possible that your lawyer will recommend that you include the facility in your lawsuit. After all, the facility put your loved one at risk, too.
Call today so you can start working with a San Antonio nursing home abuse lawyer.
San Antonio Nursing Home Abuse Lawyer Near Me (800) 842-6336
Statute of Limitations
According to Chapter 16 of the Texas Civil Practice and Remedies Code, you have two years to file your civil case. Every state has its own statute of limitations. For Texas, it is just two years. This is the total amount of time that you have to file your lawsuit. If you wait longer than this, you will not be allowed to file your case.
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Contact Our Firm to Discuss Your Case
You do not want to miss the deadline for filing your civil case for nursing home abuse. Contact the office of a San Antonio nursing home abuse lawyer today. Call Pintas & Mullins Law Firm at (800) 842-6336 for your free consultation today. We can answer questions that you might have about the legal process. We are here to fight for the best possible outcome for your family.
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