If your loved one has suffered an injury or illness due to nursing home abuse in Kissimmee, they could be entitled to a monetary award. This compensation could pay for their medical bills, pain and suffering, relocation expenses, and more.
Our team of attorneys is ready to guide your family during this challenging time. A Kissimmee nursing home abuse lawyer from Bogin, Munns & Munns could help you work towards a fair settlement or court award.
Indicators of Nursing Home Abuse in Kissimmee
There is a wide range of abusive or negligent behavior that could result in a viable legal claim for a nursing home resident. While the Federal Nursing Home Reform Act guarantees residents of these facilities the right to live free of abuse, the unfortunate reality is that nursing home abuse occurs every day.
There are many ways injuries could occur within a nursing home. In some cases, a nursing home resident could be entitled to monetary compensation after a caretaker’s negligence results in their injury. In other cases, an intentional effort to harm or defraud a resident could be the basis of a claim for compensation.
Some signs of nursing home abuse include:
Some nursing home residents have mobility issues that prevent them from shifting positions while lying in bed. These residents require constant care to ensure they avoid bedsores and other health consequences. A caretaker’s failure to meet the needs of a resident with mobility issues can result in bedsores.
Broken bones are one of the most common serious injuries for nursing home residents. Fractures may be associated with falls and physical assaults.
Neglected nursing home residents frequently suffer due to the lack of basic medical care provided. A prime example includes malnutrition.
Some forms of abuse in a nursing home setting involve mistakes during medical care. These medical errors could result in unnecessary injuries or illnesses, and they can make existing medical conditions worse.
These are only a few ways that a nursing home resident could suffer from abuse or neglect. In each of these cases, a Kissimmee nursing home abuse lawyer could pursue legal action against the abuser and any authority figure that allowed this mistreatment to happen.
To consult with an experienced nursing home abuse lawyer serving Kissimmee, call 855-686-6752
Explaining the Nursing Home Abuse Financial Recovery Process
Understanding the process of pursuing compensation could be useful to anyone that has suffered nursing home abuse. The process itself could play a part in determining how a person decides to pursue their legal strategy.
We Will Meet with the Nursing Home’s Administration
Before your loved one will ever file a lawsuit, we will first meet with the nursing home’s administration. These initial meetings will provide our firm with the chance to discuss your loved one’s options and learn as much about their case as possible.
This is only the beginning of the process, however, our team will also look into every aspect of the case. This could involve reviewing medical records, speaking with witnesses, and even obtaining any police reports that are on file.
We Will Attempt to Negotiate a Settlement
At the close of the investigative process, we typically work to obtain a favorable insurance settlement before filing a lawsuit against the perpetrator or the nursing home. In some cases, we can resolve these claims without the need for a lawsuit.
Our pursuit of the truth during the investigation stage could pay off during negotiations. This can happen when the nursing home’s insurance company reviews the case and sees that the facility was clearly negligent in your loved one’s care.
We Could File a Lawsuit if Negotiations Are Not Successful
If the case does not settle, a lawsuit is the next step. Once we file the case and the nursing home responds, the discovery process will begin.
Discovery occurs when both sides provide each other with the evidence they plan on using at trial. In addition to exchanging documents and written answers, this frequently involves depositions as well.
After discovery, settlement negotiations often resume. If they are not fruitful, the final step requires that we take the case to trial. A successful trial verdict will lead to a judgment in favor of your loved one.
Kissimmee Nursing Home Abuse Lawyer Near Me 855-686-6752
We Can Prove That Your Loved One Was Harmed Due to Negligence
In many ways, nursing home abuse cases are similar to other injury claims. For your loved one to be entitled to monetary compensation, they must establish that the abuser or the nursing home itself was negligent.
There are four elements to proving negligence, and we must establish each of them to prevail.
- Duty of care. Every case requires evidence that the liable party owed a duty of care to the injured party. Nursing homes owe a contractual duty to their residents to ensure their care.
- Breach of duty of care. Central to many of these cases is establishing that the abuser breached their duty. This can involve the direct actions of the abuser or the failure of the nursing home in general to provide a safe living environment.
- Causation. Causation is the link between the abuser’s negligent care and your loved one’s injuries.
- Damages. It is necessary to establish that your loved one suffered monetary damages. For example, this could include their medical bills or the cost of moving to a new facility.
Discuss Your Legal Options with Our Team
Know that when you and your family pursue justice for your loved one following an instance of abuse, you do not have to do so alone. The attorneys of Bogin, Munns & Munns are ready to serve as your advocate during this challenging period in your loved one’s life.
Let us put our experience to work on your loved one’s behalf. To learn more, call today to learn about working with a Kissimmee nursing home abuse lawyer by dialing (407) 870-1919.