When a loved one moves into an assisted living community, you expect nothing but the best. It is unfortunate that this is not often the case in many facilities. Abuse and neglect are common and often lead to preventable injuries and emotional distress.
However, even after discovering signs of neglect, you have to prove your claim to hold the facility responsible. That’s why you need a lawyer specialized in these types of cases to build a strong case. They will guide you through the legal process and ensure you get the just compensation. Here are four important roles of a lawyer in strengthening your nursing home neglect case.
Help Build a Strong Case from the Start
Nursing home neglect is difficult to prove just by showing that a certain injury occurred. You need strong evidence to support your claim. This can be hard to obtain, especially if the facility is refusing to cooperate with you. An attorney knows how to find the documents needed to prove that the facility breached its duty of care. Such documents may include:
- Medical records
- Statements from employees and witnesses
- Inspection reports
- Surveillance footage if available
- Previous complaints
In addition, lawyers can cooperate with medical specialists in elder care. They can determine whether the injuries could have been prevented with proper care.
Show How Neglect Led to Serious Injuries
A nursing home can claim that signs provided are not a result of neglect. Your lawyer will assist in differentiating between injuries caused by neglect and pre-existing conditions. For example, severe stage 4 bedsores do not form overnight. Usually, they occur when a home’s residents are not repositioned frequently enough or provided with proper nourishment and medical assistance.
Since these injuries are easily preventable with appropriate care, they can be strong evidence of neglect. An attorney works alongside medical practitioners to correlate the facts and prove how neglect has contributed to the injury.
Handle the Nursing Home and Insurance Company for You
Whenever there is a complaint against a nursing home, the facility and its insurance company will act in haste to protect themselves. You might be compelled to make statements or sign documents before knowing the true value of their claims. A lawyer will guide you through every stage of the legal process, including:
- Filing legal paperwork before deadlines expire
- Communicating with insurance companies
- Negotiating settlement offers
- Responding to defense attorneys
Attorneys know how insurance companies operate and can negotiate aggressively when insurers attempt to minimize or deny your claim. This way, you can spend less time on paperwork and more time on the recovery of your loved one.
Make Sure Every Loss Is Taken Into Account
The financial impact of nursing home neglect often extends beyond immediate medical bills. When evaluating the claim alone, it is easy to overlook the total damages your loved one may be entitled to. A lawyer can evaluate losses such as:
- Medical treatment
- Rehabilitation expenses
- Future medical care
- Pain and suffering
- Loss of quality of life
- Relocation costs to a safer facility
- Wrongful death damages in case of fatality
Involving a nursing home neglect lawyer from the start helps ensure no potential damages are overlooked while protecting your family’s legal rights. It will also help avoid accepting a lowball offer before knowing the true value of your claim.
Endnote
If you believe that your family member was a victim of nursing home neglect, it is advisable to seek the help of a skilled lawyer. They can help collect all the necessary evidence and inform you about the next steps in the legal process. This will ensure your family gets full compensation and ensure that all responsible parties are held accountable.
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