5 Mistakes to Avoid When Filing a Nursing Home Abuse Claim

Filing a claim against nursing home abuse is a necessary step toward seeking justice for a loved one who was harmed in a nursing home. It is a challenging process, and mistakes can destroy your case. Here are some of the most frequent mistakes to avoid.

Not Engaging a Lawyer

It might be a costly mistake to seek a nursing home abuse claim yourself. Nursing home abuse cases involve complex laws, medical jargon, and facility insurers who have aggressive defense strategies. An experienced Florida nursing home abuse lawyer will know the state and federal regulations, what will be compelling evidence, and will have the practical negotiation skills. 

You risk missing an important deadline or undervaluing your claim without one. For instance, an attorney might subpoena records of “internal incidents” from that facility, which could show a pattern of neglect that families often overlook.

An attorney will protect you from other potentially manipulative tactics, like low-ball settlement offers. Having a lawyer representing you lets them and their attorneys know you are serious about your claim and will be more serious about a better outcome. 

You can never assume that you can handle it on your own. An attorney will know the maximum compensation for a claim will get you while holding an assisted living facility accountable. You will not go back to before the injury occurred, but often, families want to have closure in these matters and are looking for the best options with their loved ones now and in the future.

Failing to Document Evidence Sufficiently

Evidence is the foundation of any nursing home abuse case, yet many families do a poor job of documenting it. It is impossible to prove abuse without photographs of injuries, medical records, or witness testimony. 

For example, bruising and bed sores should be photographed, with a possible date and time. Keep a written record of incidents and the patient, including dates, times, and names of the staff you spoke with. 

Get the medical records from the facility without delay, as they may alter or withhold records without your knowledge, and waiting is not suitable for your case. If you don’t request facility records, your case will be weaker as courts rely on factual records. 

Get the names and contact information of any other residents or employees who may have witnessed neglect or abuse. Documenting evidence thoroughly will help support your claim and combat defense arguments so that you can show that your loved one suffered.

Waiting to File the Claim

Filing a nursing home abuse claim is time-sensitive, as there are statutes of limitations that vary by state, typically between one and three years. If you wait, you may lose your chance altogether. Many families will not be quick to file a claim, mainly because they hope the situation will improve or fear retaliation against their loved one. 

You should sit down with an attorney sooner rather than later; they can indicate to you what deadlines, if any, may be in dispute and help preserve the evidence while it is fresh. Taking action quickly puts pressure on the facility to resolve the issue and potentially stop further injury to other residents. Don’t let inaction ruin your opportunity for justice.

Accepting a Quick Offer of Settlement

Nursing homes and insurers frequently offer a settlement to limit liability and avoid prolonged litigation. Accepting one of these quick offers is a significant mistake as it will likely be shallow, sometimes below the correct case value.

These initial offers seldom consider the long-term medical costs or punitive damages associated with any emotional trauma. For example, ongoing therapy or rehabilitation needed by a loved one can take thousands of dollars from a rushed settlement. 

A lawyer should be consulted before accepting any offer as they will understand the precise extent of the damage, including future care, pain, and suffering. It is common to reject a low offer and get a much higher settlement or jury verdict to ensure that a loved one’s needs are met.

Ignoring Indications of Abuse or Neglect

When families witness abuse or neglect, the families may not see the warning signs and instead blame medical conditions or the normal aging process. Bedsores, sudden weight loss, or sudden behavioral changes are all indicators that abuse or neglect is taking place. For example, repeated infections may indicate poor hygiene or poor care, and withdrawal and non-responsiveness may foretell emotional abuse. 

Not recognizing abuse and/or neglect leads to doing nothing, thus permitting the abuse or neglect to continue. By visiting your loved one consistently, inquiring, and observing their environment, you can notice signs of warning. Speaking with staff and other residents can also help you notice behavior patterns.

Endnote

Suing for nursing home abuse demands watchfulness, rapidity, and strategic planning to retrieve justice for your relative. By avoiding these eight primary mistakes, from inadequate recording to neglecting liable parties, you can construct a strong case to hold negligent facilities responsible. 

Enlist a seasoned attorney, move with haste, and use medical and historical evidence to substantiate your claim. Your relative deserves just compensation and protection from being hurt. With careful planning and expert advice, you can deal with the legislation, voice it effectively, and assist in shifting care standards toward safer conditions for all nursing home residents.