What Are the Differences Between Filing a Claim and Suing a Nursing Home?

Nursing Home Abuse Lawyer

Laws laws can be confusing when it comes to personal injuries which falls into the category of torts law. Torts law cases are civil matters. If you win a lawsuit against the nursing home, you will receive a compensation award, the amount of which will be determined by the judge or jury. The defendant in your lawsuit will be obliged to pay that financial award but they will not receive jail or prison time. It’s important to understand that not any lawsuit is admitted into the legal system. If a complaint against a nursing home is without merit, the court will throw it out. If you would like to know whether or not you have a valid complaint against the facility in which your loved one resided, talk to a nursing home lawyer from a law firm who will be happy to review your case at no charge.

Is a claim the same as a lawsuit?

A personal injury claim and a personal injury lawsuit are two different legal options, but they are related to one another and there is usually some degree of overlap between the two. In most scenarios, a seasoned nursing home lawyer will recommend filing a claim with the care facility before proceeding with a lawsuit. Basically, the claim is a complaint that alleges the abuse suffered by the victim and provides proof of why the nursing home is to blame. Further, it details the damages and the costs associated with them. Some claims may include pain and suffering while others do not. Medical treatment costs will be included. After making themselves very familiar with your loved one’s case, our nursing home lawyer will detail every form of damage that a court would deem “compensable.” This means that the damage is worthy of compensation from those responsible. When families file a claim on their own, they often miss out on monies that otherwise might be awarded to them because they do not realize the full extent of eligible compensatory damages. This is why it’s important to at least talk to a nursing home lawyer to gain a full understanding of how valuable hiring a legal professional may be and the difference it can make to the outcome of a case.

If the nursing home refuses to honor their legal, ethical, and moral responsibility to acknowledge their mistakes and offer a fair settlement to the family, the family’s nursing home lawyer may recommend that they escalate the claim to a lawsuit. Most of the time this is not necessary because the nursing homeowners know all too well that if they should lose the lawsuit, their legal costs alone will probably far outweigh the original compensation claim from the victim’s family.

What steps should we take to protect our elder’s rights?

If your elder suffered abuse or neglect while in the care of a nursing home, it’s critical that you remove them from the danger immediately. Contacting the authorities and reporting the crimes against your loved one is also essential. At that time, call a law office to speak with a skilled nursing home abuse lawyer who can review your case and provide you with guidance to help you and your family move forward.