You can sue for nursing home abuse or elder abuse if your claim meets the legal requirements that courts look for. In most states, the person filing the claim must be a family member of the injured resident or listed as his or her personal representative.
Due to the complex nature of nursing home abuse cases, talking to a nursing home abuse lawyer helps you determine what the elements and supporting evidence are for compensation.
Family Members Who Can Sue for Nursing Home Abuse
In most states, the laws specify who can sue for nursing home abuse on behalf of the victim. Even though a friend or acquaintance might want to intervene, most states require a family member or personal representative to file a lawsuit.
Typically, the following individuals can file a personal injury or a wrongful death suit on behalf of the nursing home victim:
- The personal representative of the estate
Depending on the circumstances of your case, there may be opportunities to protect your family member and seek compensation. Speak with a nursing home abuse lawyer to help you understand your options when determining who can file a claim.
Elements to Establish a Nursing Home Abuse Case
Your nursing home abuse claim must meet certain legal factors for it to be actionable. Actionable is a legal term that indicates when a case has enough grounds to file a lawsuit.
In general, there are three types of nursing home abuse cases filed: personal injury, medical malpractice, or wrongful death. The common issue between these types of cases is that the nursing home has a duty of care that it must maintain for its residents, which it failed to meet.
Each type of case has specific elements needed to become actionable.
Personal injury law covers nursing home abuse cases if in which the facility intentionally breached its duty of care and resulted in your loved one’s injuries. The injuries caused him or her to incur financial, mental, and physical losses.
Medical malpractice occurs when a medical provider breaches his or her medical duty of care, which results in an injury to the patient. Your loved one’s injuries caused him or her to sustain financial or physical losses.
Wrongful death occurs when an abusive individual or medical provider fails to meet the medical standard of care, which causes your loved one to lose his or her life. Surviving family members can file a claim to recover their financial and emotional losses.
Financial Compensation Is Available for Nursing Home Abuse Claims
Compensation is available to nursing home abuse victims and their surviving family members. Hiring a nursing home abuse lawyer is a practical and lawful approach toward understanding the types of compensation available to you through a settlement or lawsuit award.
Your lawyer will gather evidence to prove the elements of the claim you filed. He or she may advise you to pursue the following forms of restitution:
- Past and future medical costs
- Physical therapy and rehabilitation
- Monetary compensation for financial abuse
- Physical pain and suffering
- Mental anguish
- Loss of enjoyment
- Loss of life
This list does not include many other options that may be available. If you are wondering if you can sue for nursing home abuse, or if you can receive compensation for a particular loss, a nursing home abuse lawyer will help you determine those things. He or she will stand by your side to make sure you recover as much of your losses as possible.
The Statute of Limitations
The state in which you live has rules that determine how long you have to file a lawsuit—this is known as the statute of limitations. Your attorney will review your case to help you understand which deadlines may affect your case and so that you meet them before they expire.
If you have missed your state’s statute of limitations, there are general guidelines that a state may use to address this situation. However, it will require the application of the law to know where you stand fully, and a nursing home abuse lawyer can help.
Pintas & Mullins Law Firm Helps You Understand if You Can Sue for Nursing Home Abuse
Every case is unique, and the most practical way to determine if you can sue for nursing home abuse depends on your particular situation. Pintas & Mullins Law Firm can identify if you are eligible, as well as establish the elements of your claim. You can receive a free consultation with our legal team today. We do not shy away from tough cases, and we work on a contingency-fee-basis, so you do not pay unless we win.