Do I Have Grounds for a Nursing Home Abuse or Neglect Claim?

November 21, 2019

by ogkdev

personal injury attorney

There are three elements you must be able to prove in order to prevail in a nursing home abuse or neglect case. Those elements are liability, causation, and damages. In other words, you may have grounds for a claim if you can prove the following:

  • The nursing home or a caregiver was negligent or intentionally harmed your loved one;
  • The negligence or intentional harm resulted in an actual injury, death, or loss; and
  • The types of damages incurred and their value.

Just because a member of your family died or suffered an injury in a nursing home doesn’t necessarily mean abuse or neglect has occurred. The best way to find out if your case has merit is to speak with a nursing home abuse lawyer in Fort Pierce. You cannot trust that the nursing home administrators will be honest with you about what transpired, but a seasoned personal injury attorney will know the signs of abuse and neglect and will be able to investigate your case to find out if damages should be pursued.

Most of these cases are brought on the basis of negligence, meaning that the victim was owed a legal duty of care, and the duty of care was breached. Nursing homes and their staff owe a duty of care to each resident. They breach this duty when residents are deprived of food, water, reasonable shelter, hygienic needs, and reasonable mobility aids. Caregivers must also ensure that residents’ rooms and the surrounding premises are reasonably safe. Nursing homes also have a duty to perform reasonable screenings of new caregivers so residents aren’t exposed to a potentially violent individual.

These are just a few examples of negligence that may warrant a personal injury or wrongful death claim against a long-term care facility. Of course, intentional wrongdoing such as physical or sexual abuse would also be grounds for a claim, as would financial exploitation.

How Much Is My Case Worth?

No personal injury attorney can guarantee that your case will result in a particular settlement amount. This is true even if there exists strong evidence to support your claim. If you’re curious about how much your case might be worth, you may find it helpful to know the kinds of factors that can influence the settlement calculations. Examples include:

  • The cost of medical bills incurred—including future healthcare costs—as a result of the neglect or abuse;
  • Whether your loved one has suffered non-economic damages like pain and suffering or lost enjoyment in life;
  • Whether the liable party acted with gross negligence or intentional misconduct, which may warrant punitive damages; and
  • The victim’s life expectancy.

At Donaldson & Weston, we know what it takes to help clients pursue the highest possible compensation given the facts of their case. We understand the most common defenses used against nursing home abuse victims, so we are able to anticipate disputes and prepare to avoid or counter them. By hiring us for representation, you can rest assured that we will not settle for anything less than you deserve, and we may be able to account for damages you would have overlooked.

Call 772-266-5555 to speak with a personal injury attorney today.