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When And How To File A Nursing Home Abuse Claim
According to a report, nearly 2.5 million elders residing in private elder care homes and assisted living facilities are at risk of facing abuse and neglect. And even more surprising is the fact that only around a million cases are reported.
Statistically speaking, it is estimated that nearly one in every 10 elders face physical or any other form of abuse. And this data is regardless of the place they reside at.
It won’t be wrong to say that a lot more awareness needs to be created when it comes to elderly abuse at nursing homes.
Identifying Nursing Home Abuse
There’s a lot of difference between nursing home abuse and neglect. In simple terms, neglect is denying any obligated care to the residents of an elderly care home.
On the other hand, abuse may include physical or mental harm, resulting in injuries, pain, or anguish. It is also noteworthy that abuses can be both verbal and non-verbal.
For example, unreasonable confinement and cruel punishments are some of the most common forms of nursing home abuse.
Whether intentional or unintentional, abusive behavior of the fellow residents or a caregiver is a punishable offense. As mentioned here, https://www.thomaslawoffices.com/chicago/nursing-home-abuse/, it is vital that the residents and their loved ones stand up against such incidents. And take the necessary steps to report and ensure that it does not happen again.
Likewise, the victims can sue the at-fault party for all their pain and suffering.
Filing A Lawsuit For Nursing Home Abuse
Usually, filing a lawsuit involves three to four phases, depending upon the complexity of the case.
However, when planning to file a lawsuit for nursing home abuse, it is advised to consult with an experienced attorney. Certainly, experienced in the types of cases in concern.
That being said, the following are the steps or phases involved in a nursing home abuse lawsuit.
Initial Investigation
It is quite obvious that any lawsuit begins with an initial report. Essentially, the victims or the relatives of the victims need to report the incident to the local authorities, including police and health agencies.
Post reporting, the authorities would begin an initial investigation which would involve establishing the validity of such incidents.
Discovery of Evidence
Upon initial investigation, the attorney would likely dig more pieces of evidence to fortify the claim.
Pieces of evidence can include anything from testimonies to video clips, and more.
Pre-trials and Trials
Depending upon the pieces of evidence that are discovered, the case should proceed into court. Herein, a pre-trial is likely to be held, specifying the gravity of the case.
Further to pre-trials, if negotiations fail, the case might proceed into actual trials.
It is also noteworthy that during the course of the lawsuit, the defendant would constantly try to negotiate compensation. Also, known as an out of the court settlement, it is one of the most common ways to avoid lengthy courtroom trials.
The plaintiff or the victim party in a nursing home abuse case are entitled to several rights. And it is equally important to learn about these rights, as it is to report the abuse and file a lawsuit.