If you or someone you love has been victimized by nursing home abuse, you likely have many questions and concerns about your legal rights, including how to file a nursing home abuse lawsuit. Filing a lawsuit can be scary, but with the right guidance it is an excellent step towards protecting your rights and seeking justice.
How to File a Nursing Home Abuse Lawsuit
- Step One – Retain an Attorney: If you are considering filing a nursing home abuse lawsuit, the first step you should take is retaining an attorney who specializes in nursing home abuse cases. Due to the complex nature of nursing home abuse and neglect cases, the knowledge and experience of your attorney is crucial to the success of your case.
- Step Two – Preparing to File: The next step in filing a lawsuit is preparation. You and your attorney will gather applicable documents, such as nursing home contracts, medical records, witness statements, and photographs or video. Once this information has been synthesized and it is determined that a case is present, your attorney will be ready to file the lawsuit.
- Step Three – Complaint/Petition: The lawsuit itself is called a complaint or petition. This document identifies the claims being made by you, the plaintiff, against any named defendants. Further, the complaint identifies the legal basis for the claim, facts relating to the claim, as well as the relief being sought. The complaint is filed with the Clerk of Court in your jurisdiction, and will be served upon the named defendants following filing with the court.
- Step Four – The Legal Process: After your lawsuit has been filed, the next step in the process is a series of gathering information, asking questions, interviewing witnesses, and preparing for case resolution. The length of this process varies, and depends somewhat on the individual facts of your case.
All of the steps in filing a lawsuit are important in terms of achieving a successful resolution. You and your attorney together can determine the best options to secure a favorable outcome, be it settling out of court, or pursuing a formal trial.
Learn More about Your Rights and Legal Options
Nursing home residents have a set of guaranteed rights, including safety, security, and freedom from restraint, abuse, or neglect. When these rights are violated, a lawsuit is a common way to pursue recovery for injuries and financial losses. If you have questions about your rights or that of a loved one, or want to know more about filing a nursing home abuse lawsuit, fill out the simple form on your screen to schedule a free consultation.