It is always important to take immediate action after suffering a personal injury or wrongful death in the family, but this is especially true in nursing home abuse and neglect cases. Much of the evidence needed to strengthen your claim will likely be in the defendant’s possession, so it might be altered or destroyed to weaken your case. Even if you have not been able to compile evidence, you should still speak with an attorney as soon as possible so your legal team can begin the investigation right away.
If, however, you already have relevant evidence and documents in your possession, you should bring them to the initial consultation. Examples include:
1. The Incident and/or Police Report
An incident report should have been created by staff at the facility. If the police were called, they should also have drafted a report about what transpired. These reports may serve as valuable evidence to prove liability, causation, and damages. They can also help your attorney determine how best to approach the investigation, anticipate the disputes that are most likely to arise, and identify the kinds of evidence that will be needed to strengthen your claim.
2. A Written Description of What Happened
Even if you have an incident or police report, you should still write out everything you remember about what happened. Essential details include:
When, where, and how the abuse occurred;
Who you think might have been responsible for the abuse;
A description of the abuse or neglect;
Whether there were eyewitnesses;
The amount of time your loved one has been at the facility;
Any signs and symptoms of abuse or neglect that you noticed;
How the facility’s management responded when you reported the abuse;
The steps you have taken since discovering the abuse;
The kinds of injuries your loved one suffered;
A description of the caregivers you saw interacting with your loved one; and
Anything your loved one said pertaining to the abuse or neglect.
3. The Victim’s Medical Records
Bring along your loved one’s medical records from before and after the abuse. These can help your attorney and perhaps a medical expert determine if medical malpractice occurred, and identify when your family member’s health began to deteriorate.
4. Photos and Videos
Any pictures or videos of visible wounds or your loved one’s residence might strengthen your claim. Your attorney can also investigate whether a surveillance camera may have recorded the abuse or neglect.
5. Relevant Contact Information
There are several parties your attorney may want to interview when building your claim. Bring along the contact information of your loved one, his or her medical providers, and any potential eyewitnesses.
6. Other Evidence
There are all sorts of documents and evidence that might contribute to your claim depending on the circumstances. Go ahead and compile all documents and correspondence you’ve received from the nursing home, your loved one’s medical providers, and any insurance companies.
Call 855-585-2969 for a Free Consultation with a Nursing Home Abuse Attorney in New York
The lawyers at Leitner Varughese can help you gather the evidence you will need to pursue monetary damages from the caregiver or facility responsible for your loved one’s abuse or neglect. For a free consultation, call 855-585-2969 or message us on our Contact Page.