If you’ve recently found out that a loved one was abused or neglected in a nursing home, you may be considering legal action. Depending on the circumstances, the nursing home may be liable for any medical bills, pain and suffering, and other damages resulting from the mistreatment. If your family member has died, you might have grounds for a wrongful death claim.
Unfortunately, winning a fair settlement or verdict in these cases can be incredibly difficult. The nursing home administrators are not on your side; it’s in their best interests to resist your claim at every turn. They might request to handle the matter internally, assuring you that an amicable resolution will be reached. But at the end of the day, their goal is to protect their reputation and bottom line by paying out as little as possible.
With a skilled nursing home abuse lawyer by your side, you’ll be able to focus on more important matters—such as caring for your family member and relocating him or her to a better facility—while your case proceeds in good hands. Read on to learn a few reasons why it’s a good idea to hire an attorney if you intend to bring a claim:
1. To Compile Evidence That May Be Withheld
Strong evidence is the key to winning a nursing home abuse or neglect claim, but facility administrators might be reluctant to hand over evidence of misconduct. Key card data, surveillance footage, operating procedures, and caregiver schedules may all contribute to the strength of your case, but it may be necessary to apply legal pressure to obtain them. Your attorney can file subpoenas to collect evidence that’s being withheld.
2. To Account for All Damages
If the nursing home handles the matter internally, they might be willing to pay for your family member’s medical care, but what about pain and suffering and other non-economic damages? The intangible effects of nursing home abuse or neglect can be just as devastating as the actual injuries, and non-economic damages often account for a significant portion of the settlement or verdict in these cases. Your attorney can make sure your claim includes all potentially recoverable damages.
3. To Help You Avoid Mistakes
If you don’t hire an attorney, you might end up making a costly error that a lawyer could have helped you avoid. Missing important deadlines, providing a recorded statement to the opposing party, overlooking important evidence, or accepting a low settlement are just a few of the countless mistakes that could adversely impact the outcome of your case.
4. To Handle Settlement Negotiations
If you enter settlement negotiations without an attorney, the opposing party might assume that you wouldn’t be willing to go to trial if they refuse to cooperate. As a result, they might take a hardline during settlement negotiations, but if you have a seasoned trial lawyer by your side, the opposing party might be more inclined to pay a fair settlement to avoid the potential cost of litigation.
Call 855-585-2969 to Speak with a Nursing Home Abuse Lawyer in New York
At Leitner Varughese, we offer free consultations, and we accept nursing home abuse and neglect cases on a contingency fee basis. That means you have nothing to lose by contacting us to get answers to your questions, and if you decide to hire our law firm for representation, you won’t owe any attorney’s fees unless we win.
Our lawyers have recovered more than $100 million for clients in nursing home negligence and malpractice cases. To set up a free consultation, call our 24-hour phoneline at 855-585-2969 or send us a message on our Contact Page.