When a loved one is in a nursing home, you trust they will receive proper care for their remaining years. However, nursing homes may sometimes break this trust by abusing or neglecting their residents. If your loved one was mistreated in a nursing home, you could hold the abuser or the facility responsible.
To improve your chance of monetary recovery for your loved one, you should consider contacting a Fulton Market nursing home abuse lawyer. A qualified injury attorney could navigate the legal system for you and help ensure you do not lose out on damages you deserve.
Causes of Nursing Home Abuse
Nursing home abuse may arise from the defendant’s negligence or intentional acts. Regardless of the cause of the nursing home abuse, a Fulton Market attorney could help the victim seek financial compensation.
When the care in the nursing home falls short of the appropriate standard, negligence is the cause of action. Negligence occurs when the defendant has a duty to the plaintiff, and they breach their duty. Nursing homes have a responsibility to provide residents with safe and reasonable care.
To succeed in a negligence case, the plaintiff must establish that the nursing home’s negligence caused the victim’s injury and that the injuries resulted in damages. Damages can include financial losses and the victim’s pain and suffering.
Unfortunately, there are times when a nursing home resident suffers intentional abuse. Intentional torts can involve physical, emotional, and sexual abuse. In these situations, a Fulton Market attorney may be able to hold the abuser and the nursing home that employed them liable for the resident’s mistreatment.
Nursing Home Abuse Lawsuits
Nursing home abuse lawsuits are filed in civil court, which a Fulton Market attorney can assist with. After the lawsuit is filed, the parties will proceed to the discovery phase before the litigation aspect of the case occurs.
Discovery Phase of the Lawsuit
While filing a lawsuit, the parties exchange information regarding the victim’s injuries, medical treatment, expenses, and their accounts of the abuse. This exchange of information is done through written requests and answers.
Under 735 Illinois Compiled Statutes 5/2-1003, the defendant may take the deposition of the plaintiff. During the deposition, the victim can expect to answer questions regarding their injuries, medical treatment, and the abuse itself. The plaintiff’s legal advocate may accompany the victim to stop the defendant’s attorney from asking unreasonable questions.
Once discovery is complete, the two sides begin working toward a settlement. However, should they fail to settle, the lawsuit heads to a trial, mediation, or arbitration.
Mediations and arbitrations are alternatives to a trial. Here, the parties agree on a neutral third party to help bring the sides to a solution. While arbitrations are binding, the parties can choose whether to stick with the mediation’s outcome.
Contact a Fulton Market Nursing Home Abuse Attorney
If your loved one suffered abuse while at a nursing home, you can hold the defendant liable. For the best chance of recovery, contact a Fulton Market nursing home abuse lawyer today.
Experienced attorneys could guide you through the lawsuit process and increase the chance of a successful outcome.