Nursing Home Abuse Lawyer
When your loved one is injured as a result of nursing home neglect, the aftermath can be difficult. From bedsores to battery, there are many ways these injuries can occur. If you are planning to file a lawsuit against your loved one’s care facility, knowing what steps to take and how long each might take can give you the confidence you need to act on behalf of your elderly family member.
1. Document the Injury
Obtaining proof of any injuries as soon as you discover them can be vital for any court case. As the one filing the suit, the burden of proof will likely be on you. Take photographs from a variety of angles and ensure that any bruises can be seen clearly. You may want to make copies to present to an attorney and for a file that contains details about the case that you can keep at home for reference. This step can take several hours to a few days, depending on the extent of the injury.
2. Contact an Attorney
Nursing home injury lawsuits can be difficult to handle on your own, so it can be wise to reach out for legal assistance once you have proof of wrongdoing. A skilled nursing home abuse attorney, like a nursing home abuse attorney in Trenton, NJ, can help you decide if you have a viable case, build off the evidence you present, and assist with settlement arbitration. If the case goes to court, your attorney can represent your injured family member if he or she is too feeble to speak. Finding an attorney and building a case may take up to several months.
3. Wait for the Claim Investigation to End
Once an attorney accepts your case, he or she will likely launch an investigation into how your loved one’s injury occurred, who might have been involved, and collect documentation related to the injury. Other than the actual court hearing, this stage will likely take the greatest amount of time and could last as long as six months or more.
4. Go to Trial
If a settlement cannot be reached through arbitration, then a court date will probably be scheduled for the near future. The length of the trial may depend on several different factors, including the severity of the injury, the amount of evidence presented and the number of people involved. Overall, the trial phase of this type of lawsuit could take months or even over a year.
The process of settling a nursing home injury could take up to two years, and several of the steps can be exhausting if you try to go it alone. Contact an attorney today for more information and to schedule an initial consultation.
Thanks to Davis & Brusca Trial Lawyers for their insight into some of the steps for planning a nursing home injury lawsuit.