Frequently Asked Questions: Nursing Home Abuse Cases

Nursing homes across the country are responsible for caring for our most vulnerable population, and when a nursing home resident suffers abuse, the representation of a nursing home abuse lawyer NJ is imperative. Victims of nursing home abuse are susceptible to severe injuries because many of them may already have specific medical conditions; suffering abuse can result in catastrophic losses for victims and their families. 

Approximately one out of ten aging adults experience abuse annually, and it’s suspected that these numbers are largely underreported. Family members of elderly loved ones who have suffered abuse should be removed from the nursing home as quickly as possible, especially when abuse is apparent. Davis & Brusca, LLC is a firm representing clients who have experienced nursing home abuse. As devastating as abuse can be for the victim, it’s possible to hold the responsible party accountable with guidance from our experienced legal team. 

What is the legal procedure for nursing home abuse cases?

Legal action is a complicated process, and a lawyer will play a crucial role in ensuring the proper steps are taken. A lawyer can assist victims by carefully strategizing the case and holding the responsible party accountable. Depending upon case specifics, there are a few different ways to proceed. Victims can either pursue a legal claim or a lawsuit. Typically a nursing home abuse lawyer NJ will recommend that victims first attempt to settle the case through the claims process. Professional assistance is critical as they can ensure that the proper paperwork is filed and that victims receive the compensation they are entitled to. Often the process is initiated once a victim consults with a lawyer and the demand letter is completed. Additionally, in some cases, depending upon the circumstances, it may be possible to pursue criminal charges as well. 

Who is responsible for damages in nursing home abuse cases?

It’s important to note that nursing home abuse cases may involve several liable parties. Because of this, it will be necessary for a lawyer to review case information to identify the parties who may be held responsible for the injuries suffered by the victim. Responsible parties may include the nursing home company, administration, physicians, nurses, and nursing home staff. 

How can victims prove negligence? 

To achieve a successful outcome and much-needed compensation, victims and their lawyers must provide evidence that ties the key elements of negligence together. This will include proving: 

  • That the liable party owed a duty of care
  • There was a breach in the duty of care
  • The victim sustained injuries

What is the difference between pursuing a legal claim and a lawsuit?

Typically, victims will have two options: file a claim with the insurance company or file a lawsuit. However, if charges have been pressed and there is a pending criminal case, it may be best to wait for this component of the process to resolve before pursuing compensation. A guilty verdict may make it easier to reach a successful outcome. In most cases, initiating the legal process is recommended by filing a claim with the insurance company. A lawyer will negotiate a settlement with the insurance company through this process. Often this is the most appropriate way to start because it’s possible to secure fair compensation in a reasonable period. However, when lawyers cannot reach agreements through the claims process, it may be appropriate to pursue a lawsuit. Keep in mind that this can be risky. While victims may receive higher compensation, the process can take much longer, legal fees are much higher, and victims risk walking away with nothing. 

Davis & Brusca, LLC has ample experience representing victims of nursing home abuse. Contact our firm today to learn more about our services and how we can help!