Do you have to go to court for your nursing home abuse case? In rare situations, a Boston nursing home abuse lawyer can help families resolve these cases outside of court through a settlement with the insurance company. However, your family may need to file a lawsuit in most cases.
Acts of nursing home abuse can result in injuries, emotional pain, and mental trauma. Your family could qualify to receive compensation to cover the effects of this form of abuse. Speak with a local lawyer to learn more about your options.
Do You Have to File a Lawsuit for Nursing Home Abuse?
Most families in Massachusetts do not have to file a lawsuit after they discover a loved one has experienced nursing home abuse. Occasionally, they can hire a nursing home abuse attorney who may resolve their claim through the process of negotiation.
Your lawyer can level the playing field when dealing with powerful nursing home facilities and their insurance companies. Attorneys collect and present evidence during negotiations and review all the settlement offers provided by the insurance company.
If the insurance company agrees to a fair settlement, you can accept the deal and receive compensation without having to go to court for your nursing home abuse case.
Unfortunately, this rarely happens because nursing homes are reluctant to take responsibility for their mistakes and make unreasonable settlement offers before all of the facts become known through the discovery process in litigation.
When do You Go to Court for Nursing Home Abuse?
You may have to go to court for your nursing home abuse case if the insurance company and nursing home facility refuse to treat you fairly. These companies often push back against claims because they want to protect their bottom line.
A lawyer may advise you to file a lawsuit after attempting a period of negotiations.
The insurance company may decide to settle with your family even after you file a lawsuit. Our team will continue assessing any deals they send to determine if these offers fairly cover the losses faced by your family.
Do You Have to Go to Court After Deadly Nursing Home Abuse?
Some acts of nursing home abuse can have deadly consequences. If you lose a loved one, a wrongful death lawyer can step in to review your options and hold the at-fault party responsible. You may need to sue the nursing home in this situation.
A lawyer can help your family secure the compensation you need to handle the emotional pressures of a fatal accident while bringing you a sense of closure.
When Should You Consider a Nursing Home Abuse Claim?
You may consider filing a nursing home abuse claim any time you suspect abuse or neglect of a family member. You may notice evidence of abuse while visiting a loved one. Bruises, bandages, bedsores, and changes of attitude can all act as abuse warning signs.
If you suspect nursing home abuse, make sure that you report it to the Department of Public Health. You should also ensure your loved one receives medical treatment for the abuse and reach out to an attorney to discuss your next steps.
What Compensation Can You Get if You Sue for Nursing Home Abuse?
Filing a lawsuit against a nursing home after an act of abuse or neglect can allow your family to secure compensation to cover all losses you sustain. Your lawyer may bring you compensation for:
Medical Expenses
Your family may receive compensation for any medical care needed by your loved one following an act of abuse. For example, a lawsuit may cover emergency treatment, MRIs, X-rays, hospitalization, and the cost of medication.
Lost Wages
You may need time off work to care for your loved one and arrange for their medical care if they experience abuse or neglect. Our team can track the losses associated with your missing pay and include them in your claim.
Non-Economic Losses
Finally, you can rely on your attorney to assist with the non-economic compensation associated with your situation. A lawsuit may allow you to secure compensation for the emotional pain and suffering.
You can contact our firm to see if you can sue a nursing home for negligence, allowing your family to seek fair compensation.
How Long do You Have to Go to Court for Nursing Home Abuse?
Typically, you have three years to go to court after you discover nursing home abuse. You must move forward with your claim before this statute of limitations expires in Massachusetts, or the court can dismiss your request for compensation.
Your attorney can begin working on the case right away. We get back to our clients within 24 hours of a call as part of our Stone Cold Guarantee®.
Learn About Going to Court for a Nursing Home Abuse Case
Do you have to go to court for your nursing home abuse case? In some cases, you can avoid going to court by allowing your lawyer to negotiate an insurance settlement on your behalf. Additionally, only a lawyer can take the case to court when the nursing home’s settlement offers are too low. Our team at Jason Stone Injury Lawyers can put you first and address your needs.
Find out more about how we can help by calling or completing our online contact form.
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