It could be a trying and upsetting time if your loved one is hurt at a nursing home. According to the National Council on Aging, one in ten persons over 60 has been the victim of elder abuse, with neglect being the most reported form of abuse. What legal options are open to you to seek redress and damages for the harm done to your loved one? This post will discuss the legal actions you can take if your loved one has nursing home injuries.
Filing a Lawsuit Against the Nursing Home
A lawsuit against the nursing facility is one legal option available to families. According to the National Center on Elder Abuse, neglect accounts for nearly one out of every ten elder abuse cases.
Legally, nursing facilities must give their residents a secure environment. Therefore, a nursing home may be held responsible for a patient’s injuries if it neglects to uphold this obligation and the resident suffers harm.
You must speak with a nursing home injury lawyer before bringing a claim against a nursing facility. The lawyer can assist you in compiling documentation of the nursing home’s carelessness, including medical records, incident reports, and witness testimonies.
The lawyer can also represent you in court and assist you in navigating the legal system. According to the Centers for Disease Control and Prevention, 1 in 4 older adults experiences a fall each year, making falls the leading cause of injury-related deaths among adults aged 65 and above.
Pursuing a Claim with the Nursing Home’s Insurance Company
Families can also file a claim with the nursing home’s insurance provider. You could submit a claim with the nursing home’s insurance provider to get compensation for injuries sustained by your loved one. Therefore, liability insurance is essential for nursing homes to cover injuries on their property.
You must present proof of the nursing home’s carelessness, such as medical records, incident reports, and witness statements, to pursue a claim with the nursing home’s insurance provider. The insurer will then look into the claim and can make a settlement offer to pay for your loved one’s injuries.
Before accepting a settlement offer, you should speak with a nursing home injury lawyer to ensure it is reasonable and fair. They will know what you should expect as an offer.
Related read: Why older Alzheimer’s patients are vulnerable to abuse
Statute of Limitations
Remember that there is a deadline for submitting a lawsuit or pursuing a claim with a nursing home’s insurance provider. This time limit is known as the statute of limitations.
Different statutes of limitations apply depending on the state and the kind of claim being filed. For instance, according to Virginia law, the statute of limitations for a personal injury claim is two years from the date of the injury. It is crucial to speak with a nursing home injury lawyer as soon as possible after your loved one has been hurt to avoid missing the statute of limitations time threshold.
Legal options are available if your loved one was injured in a nursing home to seek redress and damages for their harm. You can bring a lawsuit against the nursing home or make a claim against its insurance provider.
Visit EmrochAndKilduff.com or another leading law firm that recognizes the seriousness of your circumstances and wants to assist you in pursuing justice. Book a free online consultation to discuss the circumstances of your loved one’s nursing home injury.