If your loved one has been the unfortunate victim of abuse, or you are the victim yourself, you might already know that having a nursing home abuse lawyer on your side is a good idea. If you have not taken that first step, but are currently trying to learn as much as you can about the process and relevant laws, your diligence will pay off. It will very likely help you to understand what to expect. Once you do have a nursing home abuse lawyer on your side, you might expect the following steps to be taken:
Attempt to Fix the Problem
A zealous nursing home abuse lawyer might listen to what happened and attempt to reconcile the complaint between you and the facility. A formal letter could be sent to the supervisor or management. This may outline the situation, your concerns, and a request to detail how the problem will be rectified. In the event this is unsuccessful, or the current situation is well beyond this step, a nursing home abuse lawyer may take the following steps:
Gather Important Information – In the most ideal situation, the alleged victim will be removed from the situation and taken to a safe location. Regardless of where they are staying, your nursing home abuse lawyer should be informed about any new changes. It is equally important that you disclose with your lawyer any facts or details about what has been going on. In addition to your statements and ongoing information, your lawyer will likely gather:
- Medical records
- Witness statements
- Photographic evidence
- + More
Filing the Claim – Once your lawyer has investigated the allegations of abuse and neglect, he or she will likely proceed with filing a claim at the courthouse nearest to the facility. The defendants may also be served with a notice.
Negotiations – Approximately 95% of cases will settle out of court. This means that you are a nursing home abuse lawyer, and the defendant will come to a settlement agreement through arbitration or mediation.
Discovery Process Begins – If you cannot reach a settlement through negotiation, your lawyer may proceed to trial. This typically begins with the discovery process. At this time, all evidence will be collected, reviewed, and organized. It will also be presented to the defending side. Sometimes a deposition process will ensue.
Schedule and Prepare for Trial – Assuming a settlement cannot be reached even at this point, your lawyer may schedule a trial date. Should this happen, a judge or a judge and jury will hear your case. Based upon what is heard, they will make a ruling either in your favor or the defendant’s.
In general, a case will only go to trial when a nursing home abuse lawyer is confident that you will win. If you would like to learn more about your legal options, please contact a lawyer, like a nursing home lawyer from Darrell Castle and Associates, PLLC, today.
