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How Do You File A Lawsuit Against A Nursing Home For Abuse Or Neglect?

To file a lawsuit against a nursing home for abuse or neglect that proves your loved one was harmed due to negligence , the case must establish the following four requirements: the duty of care, negligence, causation, and damages.

You will need to be able to provide evidence that your case proves these four elements.

If you think your loved one has suffered injuries or other damages due to nursing home negligence, call 1-800-516-4783 to start building your case. 

The 4 Things a Nursing Home Abuse Lawsuit Must Prove

A lawsuit for nursing home abuse must prove that the defendant was negligent and caused your loved one’s injuries. A nursing home abuse case must prove these four things:

Duty of care: The defendant (e.g., the nursing home) had a duty to care for your loved one and act in a prudent and reasonable manner.

Negligence: The defendant failed to act in a reasonable and prudent manner. E.g., failure to reposition a bedridden resident; actively striking a resident; verbally abusing a resident.

Causation: The defendant’s negligence caused your loved one’s injuries and other damages. E.g., failure to reposition a bedridden resident causes bedsores.

Damages: Your loved one experienced damages as a result of the defendant’s actions. E.g., additional medical care, emotional pain and suffering, etc.

We will work with you to build a case using evidence and legal arguments that satisfy these requirements. Some of the types of evidence we may gather and present for your case include:

  • Eyewitness interviews
  • Video surveillance
  • Photographs of your loved one’s injuries
  • Medical records
  • Nursing facility records
  • Financial records
  • Expert witness opinions

Some of the expert witnesses we may work with include medical professionals, mental health professionals, and more.

Start building your case. Call 1-800-516-4783 for help from a lawyer.

Filing a Lawsuit Depends on the State in Which the Abuse Happened

The process to file a lawsuit depends on the state in which the nursing home abuse took place. Talk to a nursing home abuse lawyer about the steps you need to take in your home state.

Generally, the plaintiff must file a Complaint, and the defendant will file an Answer. Both parties will participate in discovery, in which each side may request information and documents from the other side. During discovery, the parties may participate in depositions or fill out answers to interrogatories. Each side may also file motions asking the Court to take specific actions. In some cases, the Court may order mediation, but some cases will end up at trial.

Each state may have different laws that apply to civil lawsuits, so check with a lawyer in your state. Your lawyer can discuss the stages filing a lawsuit against a nursing home for abuse or neglect in your state and help you take legal action and build your case.

To get help from a nursing home abuse lawyer, please call 1-800-516-4783.