Filing a lawsuit against a nursing home, assisted living facility, or other long-term care facility for elder abuse or neglect is one way to hold them accountable for your loved one’s harm. It can also help push the facility to provide better care in the future. In some cases, a lawsuit may also help you recover money to cover medical bills and other costs caused by the injury.
It’s important to act quickly if you believe a loved one is being neglected. Call 911 right away if there is a medical emergency. Once your loved one is safe, you can contact our team to find out whether filing a nursing home negligence lawsuit may be an option for your family.
A Virginia Beach nursing home lawyer from Shapiro, Washburn & Sharp can help you prove what happened and seek compensation for your loved one’s injuries. Call today to schedule a free consultation and learn your options.
How Do I Sue a Nursing Home for Abuse or Negligence?
When you sue a nursing home for negligence, you do so through a civil lawsuit. This type of lawsuit allows you to hold the care facility responsible for harming a resident.
Working with an experienced Virginia Beach nursing home lawyer means you will have help through each step of the legal process, allowing your family to focus on healing.
Steps for Filing a Lawsuit Against a Nursing Home
You should begin your nursing home lawsuit by:
- Working with an experienced lawyer: A skilled nursing home abuse lawyer can listen to your story and determine whether you have a case. You can get a free case review to see if legal help is available for you.
- Gathering evidence: Your lawyer will look into what happened, collect the facts, and figure out how your loved one was harmed and what losses resulted.
- Filing the lawsuit: Your nursing home abuse lawyer will file the lawsuit for you and make sure it is done on time.
- Entering nursing home settlement negotiations: Your lawyer will communicate with the nursing home’s lawyers and work toward reaching a settlement.
- Taking your case to trial: Most nursing home neglect cases settle without going to court. If a settlement cannot be reached, the case may go to trial. An experienced nursing home lawyer can present your case and work to persuade the judge or jury to decide in your favor.
No matter the details of your case, an experienced nursing home lawyer will work to get you the highest possible compensation as soon as they can.
What Should I Expect During the Lawsuit?
Filing a lawsuit against a nursing home for neglect can help protect your loved one and hold the facility responsible for its actions. While every case is different, most nursing home neglect cases follow the same general steps. Here is what you can usually expect:
A Case Consultation
Your attorney will begin by reviewing the facts of your situation. This may include medical records, facility reports, photographs, witness statements, and any documentation of injuries or poor conditions. The goal is to determine whether neglect occurred and whether the nursing home may be legally responsible.
The Attorney’s Investigation
Once the lawyer takes your case, they will conduct a thorough investigation. This may include:
- Collecting medical records and expert opinions
- Talking with staff members, residents, or other eyewitnesses
- Reviewing state inspection reports and past violations
- Looking at staffing levels, training, and care plans
This step helps show what went wrong, how the neglect or abuse happened, and who is responsible.
Filing a Formal Complaint
If the evidence shows neglect, your lawyer will file a lawsuit against the nursing home, its parent company, or the staff members involved. The lawsuit explains what happened, how your loved one was harmed, and what compensation you are asking for.
Exchanging Evidence
During the discovery stage, both sides share documents, ask questions, and take sworn statements from witnesses. This part of the case often takes the longest, but it is important because it can reveal internal records and show how the nursing home failed to provide proper care.
Mediation or Settlement Discussions
Most nursing home neglect cases are resolved before going to trial. After the evidence is collected, your lawyer may try to reach a settlement that covers:
- Medical bills
- Emotional anguish
- Pain and suffering
- Future medical care
- In some cases, punitive damages
If both sides can reach an agreement, the case will be resolved without going to court.
The Possibility of Trial
If the nursing home will not offer a fair settlement, your lawyer may take the case to court. At trial, a judge or jury will listen to both sides and decide whether the nursing home is responsible for the neglect and how much compensation should be paid.
Collecting Financial Compensation
If the case settles or you win in court, you may receive money for the harm your loved one suffered. This compensation can help pay for medical care, moving your loved one to a safer facility, and other needed support.
Talk to an Experienced Virginia Beach Nursing Home Lawyer
If you believe a nursing home or its staff has neglected or abused your family member, an experienced Virginia Beach nursing home lawyer from Shapiro, Washburn & Sharp can help. We can explain your options, guide you through the lawsuit process, and help you decide the best next steps for your case.
We did this for one client by securing an arbitration award for $300,000 after she was injured in a nursing home fall. To get a free consultation about a possible nursing home abuse case, call (833) 997-1774 or fill out the short contact form on our website. Shapiro, Washburn & Sharp has offices in Virginia Beach, Hampton, Portsmouth, and Norfolk.