Enrolling an elderly person in a nursing home is usually a last resort when you realize the individual can no longer take care of themselves. However, in some unfortunate events, a person enrolled in a nursing home can be subjected to various forms of abuse such as negligence or physical and emotional abuse.
Such abuse is frowned upon by the law. Therefore, you or the abused person is entitled to sue the nursing home for compensation. However, presenting such a case in a court of law can be a hassle, especially if you are not a qualified lawyer. This means it is essential to hire or consult a nursing home abuse lawyer before presenting such a case.
These kinds of lawyers specialize in cases involving the abuse or mistreatment of persons enrolled in a nursing home. When you hire a nursing home lawyer, you stand to benefit from the following services they provide to clients.
Investigating the Claim
Before filing a lawsuit against a nursing home for abuse, it is essential to gather sufficient evidence to support the claim. Gathering evidence can be a challenge, especially for a person not accustomed to conducting these types of investigations.
It is essential to hire a nursing home abuse lawyer to investigate the matter and collect sufficient evidence to prove that the nursing home is liable for abusing a resident. The attorney will be responsible for gathering the medical records of the abused person and finding witnesses who are willing to testify in a court of law about the abuse going on in a nursing home facility.
Once the lawyer has gathered enough evidence against the nursing home accused of abuse, it is their responsibility to initiate negotiations with the nursing home's legal representatives to try and come to a settlement. In most cases, when the evidence is too incriminating, they will usually try and settle the matter out of court to avoid getting their reputation tarnished publicly.
In such a scenario, your lawyer's responsibility is to negotiate an appropriate settlement amount on your behalf. Hence, the lawyer will make sure you get compensated fully for the abuse you endured under the care of a nursing home facility.
Filing the Case
Sometimes a nursing home may be unwilling to settle the matter privately or refuse to accept the liability irrespective of the evidence. In such a case, the only way to reach a settlement is through a court of law. Therefore, it is the responsibility of your lawyer to present the case in a court of law.
Suppose there is sufficient evidence to go to trial. In that case, it will be up to your lawyer to present the evidence they gathered, call witnesses, and cross-examine the nursing home staff in front of a judge and jury. Additionally, it will be up to the lawyer to convince the court that you are entitled to get compensated by the nursing home that abused you.
Appealing the Case
Sometimes, if there isn't sufficient evidence to prove your claim, a court may decide to dismiss the case, in which you don't get compensated. In such a situation, it is pointless to give up on your pursuit of justice. Hence, with a seasoned nursing home abuse lawyer, you can appeal the case.
To learn more, contact a law agency, such as http://www.bdjlaw.com near you.