The evidence you need to sue a nursing home depends on your case. Typically, people attempt to capture instances of nursing home abuse or neglect through photographic evidence, medical records, and eye-witness accounts.
The evidence you gather must support the legal requirements of the type of case you are filing. Proven claims have a right to financial compensation for your loved one’s injuries or your family’s emotional losses, if death occurs.
Hiring a nursing home abuse or neglect lawyer is the best way gather the type of evidence to support your claim.
Evidence You May Need to Sue a Nursing Home
Nursing home abuse and neglect claims require you to prove the financial, physical, and emotional losses as a result of your loved one’s injuries. There are different things that you must prove under the type of claim you have filed. You can understand better what kinds of evidence you need to sue a nursing home by speaking with your lawyer.
The most common types of evidence you need to sue a nursing home include:
- Documentation proving your relationship to him or her
- Medical records and bills
- Personal journal accounts
- Photographic and video evidence
- Conversation notes
- Insurance claim documents
- Copies of written communications and forms
While this list of items is not exhaustive, it can help you understand what you might need to gather when filing a nursing home injury claim. However, the types of evidence required depends on proving the relevant facts of your specific claim.
Establishing a Nursing Home Injury Claim
Proving your case at trial or negotiation discussions begins by asserting your right to compensation. Claimants accomplish this goal by showing that their allegations are actionable based on certain legal criteria. Actionable is a term that means whether your case has the legal grounds to sue.
Since nursing home abuse and neglect injuries are a part of personal injury law, your case must meet the following specific legal criteria to succeed in court:
- The nursing home was responsible for meeting a general and medical duty of care.
- The nursing home negligently or intentionally breached that duty.
- The breach caused an injury to your family.
- The injuries resulted in financial losses.
Your nursing home abuse or neglect lawyer will gather the necessary evidence to prove this list of criteria.
In addition to personal injury, nursing home abuse or neglect may also fall under the areas of medical malpractice or wrongful death law. The state in which you live has specific regulations and guidelines to comply with the state’s rules of civil procedure.
Types of Nursing Home Abuse or Neglect
Elder abuse and neglect occur in several ways, and some signs are more obvious than others. You may have a case if your loved one sustains injuries from abuse or neglect in the following areas:
- Social, emotional, and psychological
- Physical or sexual
- Basic needs
- Personal care
Your loved one has a fundamental right to dignity and respect. A nursing home’s failure to meet the general or medical duty of care outlined under your state’s laws can make you eligible to file a claim for compensation under a settlement or civil court award.
Depending upon the context of the injuries, you can receive money for your or your loved one’s financial, emotional, or physical losses.
Compensation Available After Proving Your Case
Based on the assumption that you can prove your case in court, you can receive a monetary award for your loved one’s injuries. While money cannot restore your loved one completely, it does help in paying for medical care, relocation, and emotional losses.
There are several types of awards that you can pursue, including:
- Current and future medical costs
- Restitution, for financial abuse
- Pain and suffering
- Mental anguish
- Wrongful death awards
- And more
The compensation you can claim is also contingent upon the statute of limitations—or deadline—by which your state governs them.
A nursing home abuse or neglect lawyer is capable of helping you understand your case’s timeline as well as other forms of compensation available. He or she will account for them by documenting your case and gathering evidence over the long-run.
Pintas & Mullins Law Firm Discovers the Evidence You Need to Sue a Nursing Home
The lawful and strategic gathering of evidence is an integral part of asserting your rights to compensation. You do not have to manage this alone. The nursing home abuse and neglect lawyers at Pintas & Mullins Law Firm are prepared to stand by your side and uncover relevant evidence. For more information, contact our legal team to address your concerns with a free, no-obligation consultation by calling (800) 842-6336 today.