Nursing homes can be an essential way to protect an elderly loved one who cannot be cared for at home, but they may also lead to further pain and suffering. While nursing home is a nightmare scenario for every loved one, it’s sadly all too common.
The Office for Victims of Crime reports that 10% of adults age 60 or older experience some form of abuse every year, whether that is in an institutional or community setting. However, these statistics may be underreported, given that almost a quarter of Chicago’s nursing homes reported cases of sexual assault.
Loved ones of senior citizens must prepare themselves to pursue legal action if the unthinkable happens. While criminal charges are the most obvious solution, you can also open a civil lawsuit against the perpetrators in conjunction with a criminal case. These are the most important elements of working with a personal injury lawyer to get compensation for senior abuse.
Report The Incident To Local Authorities
Before speaking with a personal injury attorney, you need to report the incident to the correct authorities. If there is immediate danger, contact the local police department, which can then report the incident to other agencies like the state’s long-term care ombudsman or the Department of Health and Human Services.
This step is important for several reasons. First and foremost, it allows for criminal charges against the perpetrators while safeguarding all evidence from tampering. However, this paper trail can also be vital for a civil lawsuit, which can use these reports as evidence while pursuing compensation from the nursing home or its insurance agency.
According to research, only around 5% of all elder abuse cases are reported to the authorities. Since perpetrators may abuse more than one individual, reporting the incident doesn’t just protect your loved one but can also save other nursing home residents from abuse.
Gather Evidence
Any lawsuit requires evidence, but the proof threshold is lower in civil lawsuits. A nursing home lawsuit requires a preponderance of evidence, meaning that there is more evidence to support the plaintiff than the defendant. A criminal case needs proof beyond a reasonable doubt, meaning that no sensible person could conclude that the defendant is innocent. This difference in evidence means that it is often easier to win a civil lawsuit than a criminal one.
However, this does not mean that you should not gather as much evidence as possible with the help of an experienced attorney. One of the most important types of evidence is medical documentation of any injuries, which can then be supported by expert witness testimony. This means that you should get your loved one to the hospital as soon as possible for a full medical checkup and psychological testing.
If you suspect sexual assault, insist that a Sexual Assault Nurse Examiner (SANE) perform a full exam. These nurses are experienced in caring for victims while also gathering vital evidence to prove sexual assault. You should also get X-rays to check for bone fractures and blood tests to check if your loved one has been given excessive medications to sedate them.
Photographs of injuries and living conditions can also prove abuse or neglect. Witness statements, especially from other staff, help support your argument while clarifying who may be the perpetrator.
A personal injury law firm can help gather evidence, including securing testimony from expert witnesses who can evaluate the injuries. However, starting as soon as you suspect abuse will be a key factor in your case’s success.
Get A Case Evaluation
Learning how much your personal injury lawsuit is worth helps temper expectations while ensuring that insurance companies do not lowball you. The average person isn’t aware of what constitutes good compensation in a personal injury case, especially one that involves many non-economic damages like nursing home abuse. Because of this, they may accept the first offer an insurance company gives them, potentially missing out on thousands of dollars in compensation.
An attorney will be aware of what is normal for these cases in your area, including whether there are any settlement caps. While most states, including states like Illinois and Indiana, do not have any caps on non-economic damages, a growing number of states are curbing personal injury settlement amounts.
Because insurance companies may wrongly claim that they can’t give you more, you need an attorney who is well-versed in these matters to ensure you’re receiving a fair sum.
Don’t Speak To Third Parties Without A Lawyer Present
You must secure the help of a nursing home abuse law firm as soon as possible. Not only can they guide you through every aspect of a case, but they can also protect your lawsuit’s integrity while ensuring peace of mind.
Soon after you pursue a case, insurance companies and the nursing home itself may begin reaching out to you in hopes of settling the matter without a lawsuit. Don’t speak to them without an attorney beside you, as they may use statements against you in hopes of limiting how much compensation you receive.
By focusing on caring for your injured loved one and allowing attorneys to handle your case, you can ensure that you receive the maximum settlement amount with the least amount of stress. Ensure that you keep all communications from insurance companies, hospitals, and nursing homes, which you can then turn over to your lawyer.
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