The amount of time you have to file an assisted living abuse lawsuit is dependent on what the statutory deadline is for your state. Each state has a statute of limitations, which sets the deadline for filing your assisted living facility (ALF) abuse lawsuit. Any legal complaint that is filed after this deadline will likely be dismissed.
A quick and simple way to find out how long you have to file an assisted living abuse lawsuit is to contact our law firm. We offer free consultations at our office, your home, your nursing home, your hospital, or by phone.
Why You Should Consider Filing an Assisted Living Abuse Lawsuit
Elder abuse of any kind, in any setting, is illegal. You or your loved one has a legal, binding contract with the assisted living facility. They owe you or your loved one a duty of care that includes the right to live free and safe from harm. When this contract is breached, they may be held accountable.
You might not need to file an assisted living abuse lawsuit because often, these cases are settled through insurance claims. ALFs do not want to go to court because of the time, money, and effort involved. So, upon filing your claim and negotiating a settlement, you may be able to receive money through an out-of-court settlement. The American Bar Association (ABA) states that most cases are settled before they reach the courtroom.
However, if you want to file a lawsuit, you may do so for the following reasons:
- The ALF refuses to acknowledge your claim or adequately compensate you for your losses.
- You and your loved one may be entitled to receive awards for physical and emotional injuries for medical care, moving expenses, pain and suffering, and other losses.
- Your lawsuit might lead to a thorough investigation into alleged abuse or neglect, which may prevent other instances of harm from happening in the facility in the future.
- You may be able to hold the care facility accountable for its actions.
In some instances, victims of assisted living abuse cannot speak for themselves. They rely on the love and support of family members to help them recover compensation and justice.
Awards You May Receive from an Assisted Living Abuse Lawsuit
An assisted living abuse lawsuit may compensate you for a variety of expenses that are specific to your situation. Depending on the specifics of your case, you and your loved one may obtain awards for:
- Emergency care
- Medical tests and scans
- Pain and suffering
- Relocation and moving costs
An assisted living abuse lawsuit is a legal action that seeks financial compensation from the liable party. It is also possible that separate criminal charges could be filed, but this does not prevent you from pursuing awards.
Some of Our Firm’s Results for Similar Lawsuits
The lawyers at our firm have helped many clients nationwide in similar circumstances.
While past results do not guarantee future outcomes, some of our recent cases include the following legal victories:
- $450,000 nursing home neglect settlement when staff failed to assist and supervise a 95-year-old woman properly
- $917,000 settlement for a nursing home neglect victim who suffered when staff failed to administer his medication as prescribed by his doctor
- $1 million settlement for a 72-year-old woman who was sexually abused by a male employee in a rehabilitation center
We Can Help You Understand Your Rights as an ALF Resident or Family Member
Assisted living facility residents have rights. While the language in these rights may vary slightly in each state, the intent remains the same. ALF residents have the right to:
- Live free from all forms of abuse (e.g., physical, sexual, emotional, or financial abuse)
- A life free from neglect of basic needs (e.g., food, clean water, and medication)
- Be treated with dignity, civility, and respect
- Have private communication with family members, friends, spiritual leaders, and doctors
- Manage personal finances if they have capable physical and/or cognitive abilities
- Enjoy personal belongings within their own private room or domain
The U.S. Department of Health & Human Services (HHS) reports that “nearly all states require a residency agreement,” which discusses residents’ rights (among other topics). When these rights are violated through physical, sexual, financial, or emotional abuse, you and your loved one have the right to consult an attorney about pursuing awards and justice.
Get a Free Consultation with Pintas & Mullins Law Firm
Your state has specific rules regarding how long you have to file an assisted living abuse lawsuit for yourself or a loved one. An attorney with Pintas & Mullins Law Firm can help collect evidence, question witnesses, and file a lawsuit within your state’s statute of limitations.
For a free consultation with a member of our team, call (800) 842-6336. The sooner you call, the sooner we can get to work on your case.