Nursing Home Abuse Lawyers
Representing nursing home abuse victims
across the nation.
Nursing Home Abuse Lawyer
Nursing home abuse and neglect is becoming a crisis in today’s society. Currently, there are 1.4 million individuals residing in nursing homes across the United States of America. Various studies of nursing home facilities and their residents have suggested that up to 10% of those 1.4 million individuals have been the victims of nursing home abuse or neglect. As the number of individuals that are 65 years old or older in this country continues to grow, so does the prevalence of nursing home abuse and neglect.
Our elderly are one of our most valued and vulnerable populations and should be treated with the dignity and respect all people deserve. Nursing home abuse and neglect can take many forms, but all of it is damaging in someway whether it be emotionally, physically, financially, or psychologically. As the elderly population continues to increase and more and more elderly individuals are entering nursing homes or other assisted-living facilities, it is crucial for professionals and laymen alike to be educated about the rising problem of nursing home abuse and neglect. Furthermore, it is extremely important to take action if you believe a loved one or someone you know is suffering nursing home abuse. Elderly nursing home residents often have physical or mental disabilities that may make it difficult for them to speak out about the abuse or neglect they are suffering, and therefore need advocates among family and friends to look out for their well fair should the nursing home staff fail to appropriately care for the resident. It is vital, if you believe an individual is being abused or neglected by nursing home staff, to contact a nursing home abuse attorney who can help you protect the well-being and rights of the abused or neglected resident.
As one of the few law firms in the country that specializes in nursing home abuse, McIver Brown has the experienced, trial-tested nursing home abuse attorneys you need to help assist you in resolving your case in a successful and timely manner. Nursing home abuse law is a complicated field of law that involves a variety of procedural hurdles that may prove to be insurmountable roadblocks to an attorney who does not specialize in nursing home abuse law and is therefore less familiar with the aspects of building and pursuing a nursing home abuse case successfully. General practitioners of law are simply not as familiar with the complicated processes involved in successfully pursing a nursing home abuse case. With over a decade of experience litigating nursing home abuse cases, the attorneys at McIver Brown, however, have the expertise and knowledge required to navigate nursing home abuse law and resolve your case in timely manner.
Types of Nursing Home Abuse Cases:
The award-winning attorneys at McIver Brown have a long history of success resolving a wide variety of nursing home abuse cases. Over the years, our nursing home abuse attorneys have gained experienced with a multitude of cases. When you choose McIver Brown, you can rest assured that we have years of experience building and pursuing similar cases, and therefore understand exactly what needs to be done to resolve your case to your satisfaction. Some of the most common nursing home abuse cases are:
Nursing Home Neglect Cases
- Aspiration Pneumonia
- Negligent Feeding
- Elopement or Wandering
Pressure Ulcer (Bedsore) Cases
- Stage III Pressure Ulcers
- Stage IV Pressure Ulcers
Nursing Home Fall Cases
- Unattended falls
- Attended falls
- Hoyer lift falls
Nursing Home Broken Bones Cases
- Broken hip
- Broken arm
- Broken leg
Other Nursing Home Abuse Cases
- Sepsis and septic shock
- Sexual assault, sexual misconduct, and rape
- Wrong medication or overdose
- Wrongful death
Understanding Nursing Home Abuse Law
Nursing home abuse law is a complex field of law that can be confusing to people who are not familiar with the different aspects involved. When trying to decide whether to file a claim or not, many people have questions concerning the legal terms and procedures involved in filing and pursing a nursing home abuse lawsuit. The following are explanations of components that any individual planning to file a nursing home abuse claim should be familiar with.
Your Claim: Understanding the Basics
When filing a claim it is crucial to be aware of the amount of time you have before your claim is no longer considered legally valid and to understand the basics of the legal trappings that affect the amount of compensation you can receive and determine what you can request compensation for. Below are explanations of three very important legal aspects of filing a nursing home abuse claim: the statute of limitations, non-economic damage caps, and the difference between a wrongful death case and a survival action case.
Statute of Limitation
A statute of limitations is a law limiting the amount of time you have to file a lawsuit, such as a nursing home abuse lawsuit. Statutes of limitations regarding nursing home abuse cases function to ensure that claims are filed in a timely manner and handled properly. In an attempt to bring more order and structure to the process of building, filing, and pursuing a case, state governments passed statutes of limitations. The reason for this is as time goes on, memories become blurry, witnesses disappear, and evidence is lost, making building a case extremely difficult and frustrating for all parties involved. The problem with a statute of limitations is if you wait too long, you won’t even be able to file your nursing home abuse lawsuit. That is why it is crucial to hire an experienced nursing home abuse attorney and file your case as soon as possible after the occurrence of the abuse or neglect.
The statute of limitations for nursing home abuse varies from state to state but the average length of a statute of limitations is two years. However, you must ensure you are as informed about the circumstances as possible since if the nursing home is operated by a local government entity, the statute of limitations can be as short as one year. The statute of limitations goes into affect when the injured resident, or the injured resident’s loved ones, either knows or reasonably should know that they are injured and that those injuries were the result of wrongful behavior.
Non-Economic Damage Caps:
What You Should Know:
When filing a nursing home abuse or neglect lawsuit, it is important to understand the legal rules regarding the compensation you can receive for your injury and the suffering it has caused you. Some, such as non-economic damage caps, limit the amount of compensation you can receive for non-economic damages. Unlike economic damages, or losses that can be easily quantified such as lost wages or medical bills, non-economic damages are defined as abstract or unquantifiable losses, such as pain and suffering. Other non-economic damages include physical or emotional distress and loss of enjoyment of life due to a wrongful injury. Non-economic compensation is especially vital for those who do not work outside of the home, such as children or the elderly. Therefore, it is extremely important that anyone filing a case involving nursing home abuse understands the specific non-economic damage cap that may seriously effect the compensation they are legally allowed to receive.
Wrongful Death vs. Survival Action: Who Can File?
If a loved one dies due to an injury they suffered as result of negligent behavior, the deceased’s loved ones need to have a basic understanding of the different types of claims that can be made. The two most common claims are wrongful death claims and survival action claims. Though they both involve the death of an individual, there are important differences. While a wrongful death claim may be filed by the relatives of the deceased and is meant to compensate them for the their losses, such as the loss of financial support, due to the death of their loved one, a survival action may be filed by any person who can inherit from the deceased and is meant to compensate for their losses from the time of injury to the time of death, such as medical bills. Furthermore, a wrongful death claim is typically filed when an individual dies immediately from an act of negligence while a survival action claim is filed when an individual is injured by negligence but does not die from their injuries until some time later.
No Fees Unless We Win
The McIver Brown law firm is committed to our client’s well fair and satisfaction. It is important to us that we provide our clients with quality service and an exceptional experience. The most important thing to us is that our clients walk away feeling that they were treated with the utmost car and respect. That’s why we charge no fees unless we obtain a favorable verdict. If we don’t win, you don’t pay any legal fees!
At McIver Brown, we are passionate about helping the victims of nursing home abuse or neglect. We are devoted to providing as much help and support as we possibly can during such a difficult time. If you or a loved one has suffered harm resulting from abusive or negligent behavior by a nursing home and its staff, we will offer you a free consultation to go over the basics of your claim and begin the fight for the justice you deserve.
Every Minute Counts: Contact McIver Brown Today!
If you or someone you know has been the victim of nursing home abuse or negligence, do not wait to seek legal help. Call or contact the nursing home abuse attorneys at McIver Brown today, and they will use their vast knowledge and expertise to hold those responsible for the negligence or abuse accountable for their actions and ensure that such egregious behavior does not occur again in the future.