Everyone knows the purpose of nursing homes is to provide quality care and maximum safety for older adults. Unfortunately, cases of abuse in long-term care facilities are standard. Study findings published by the National Institute of Health reveal that 10% of people over 65 years old face some abuse. Sadly, the rates of elderly abuse are high in long-term care facilities. Common types of nursing home abuse are psychological, physical, financial exploitation, neglect, and sexual abuse.
So, what can you do to seek justice for a loved one who is a victim of nursing home negligence? It would help if you found the right attorney. In such a situation, the perfect fit is experienced and knowledgeable.
Why Hiring an Experienced Attorney Matters?
The statutes of limitation and procedures linked to nursing home abuse cases are complex. And one slight mistake can prolong the proceedings and affect the trial outcomes. Therefore, you need an attorney who knows the common mistakes to avoid when handling your case. When vetting a lawyer for nursing home negligence or abuse, let’s examine what to consider.
1. Has the Lawyer Handled Cases Like Yours Before
It is easy to assume that all nursing home negligence claims are similar. However, each case is unique based on the types of injuries an older person has sustained and the evidence required to build a strong claim. Hiring an elder law attorney or personal injury lawyer with vast experience handling cases similar to yours can help achieve positive outcomes.
How? First, your attorney knows the rights of older people in nursing homes. So, they will review your case to determine the laws violated by the care facility, then build a case based on laws protecting the rights of older adults. Second, your attorney knows the evidence they need when conducting investigations. Equally important, they know how to negotiate for a reasonable settlement, depending on the harm your loved one has experienced.
2. Litigation Experience
Before filing a claim, your lawyer will try to negotiate with the nursing home out-of-court. If the at-fault party refuses, you have to fight for justice in court. Court proceedings are not just time-consuming; they are complex. It would help if you had someone who could contest fearlessly to ensure you received the settlement you deserved.
So, find out if your lawyer is an experienced litigator. Having a lawyer with outstanding trial experience and a reputation by your side can make the nursing home think twice about going to trial and offer a fair settlement outside court.
3. Is the Lawyer Knowledgeable
Dealing with a nursing home abuse claim can be overwhelming. But with knowledgeable legal guidance from an experienced lawyer, you can navigate every step of the process. What an experienced and knowledgeable lawyer will do is ensure you understand your legal rights and options. That way, you can make decisions that favor you and your loved one.
Another quality of knowledgeable lawyers is they know what evidence to gather when building a nursing home claim. Your attorney will search for medical records that show your loved one sustained injuries or got sicker because of negligence. They will look for photographic or video evidence and even get written testimonies from other residents in the assistive care facility.
4. Trust Matters
Apart from knowledge and expertise, is your attorney trustworthy? To be sure you are hiring a trustworthy lawyer, seek references and check reviews from past clients. Asking your case’s strengths and weaknesses or outcomes is another way to know if a lawyer is trustworthy. A good lawyer will point out the weaknesses of your case and suggest ways to strengthen it.
According to www.cohenfeeley.com, an attorney should not guarantee favorable results because court proceedings are unpredictable, and a particular outcome cannot be guaranteed. A trustworthy lawyer supports effective communication, meaning they will promptly update you about the case’s progress. They will also listen to your grievances and provide professional advice on handling and solving them.
5. Review the Lawyer’s Fee Structure
Do not settle for any lawyer or law firm that agrees to take your nursing home abuse case for a flat rate. Why? They will not continue pursuing justice for your older relative when disputes arise. Instead, choose a legal professional who works on a contingency fee structure. Under this arrangement, your attorney receives their payment after you have received a settlement for your loved one’s injuries. The legal expert will work hard to achieve desirable results.
Conclusion
Learning that a loved one has been a victim of neglect in a nursing home can be devastating. The good news is you can hold those responsible accountable and receive justice for a relative or friend. Hiring an attorney with specialized experience handling nursing home abuse claims is the first step to seeking justice for a victim. By evaluating their track record, you can only determine if a lawyer has the experience to win a case. Have they worked in cases similar to yours? Do they have a remarkable reputation and litigation expertise? Check if they are detail-oriented and charge reasonable rates.