Nursing Home Abuse Attorney
Nursing Home Abuse Lawyer Trenton, NJ
If you are looking for immediate legal advice regarding abuse or neglect in an elder care facility, you should speak with a nursing home abuse lawyer Trenton, NJ relies on as soon as possible.
According to a report by the U.S. federal government, up to 90% of nursing homes are understaffed. Coupled with the fact that a majority of facilities are for profit, and the fact that slashing budgets has become a standard means to boost profits, many of these homes provide poor quality care to the residents. Sadly, even the facilities delivering substandard care charges as much as $6,000 or more per month, not including medical treatment. The “reward” awaiting those elders who find themselves living in these type of facilities is often terrible harm, such as bed sores, malnutrition, and infection, on top of various indignities and deprivation of basic human rights.
Whenever a resident has been neglected, abused, or otherwise harmed while living in a nursing home, they may have the right to pursue compensation. Although every situation is inherently unique, the elder and/or his or her heirs may seek compensation:
- Medical treatment
- Pain and suffering
- Emotional distress
- Emergency relocation
- Punitive damages
- + More
In order to file a claim or lawsuit, it is highly recommended to hire a nursing home abuse attorney who has experience in handling these cases. Prosecuting these cases correctly requires a lawyer with specific expertise. Without an attorney, you are on your own and likely going up against multi-million dollar companies who will have their own legal team; a situation which may yield an ugly situation that doesn’t favor the abused resident. The attorneys at Davis & Brusca are here to help keep you from being one of these persons.
What A Nursing Home Abuse Attorney Does
Nursing home abuse cases are highly complex and involve a broad range of state and federal legislation, rules, and regulations. The abused residents’ nursing home attorney will need to demonstrate that the nursing facility was negligent. To prove this, the attorney must show:
- The nursing home owed a duty to the resident;
- The nursing home failed to adhere to this duty;
- The resident was harmed, injured, or died; and,
- It was the nursing home that caused the wrongdoing.
Filing a Claim or Lawsuit
As soon as you know you can file a claim or lawsuit, and you take legal action, your nursing home abuse attorney will likely take steps to build a case, such as:
- Notifying the facility to preserve evidence and notify their insurance carrier
- Gather medical records, photographs and other evidence needed to prove the case and tell the “story” of the case
- Assembling a team of experts
- Drafting & serving legal pleadings
- Obtaining depositions to “lock in” and challenge the defendants’ claims and defenses
- Participating in mediation and/or arbitration
- Creating various pieces of “demonstrative evidence” to help clarify the important issues in the case and make them memorable
- Conducing focus groups to test evidence, theories and arguments
- Trying the case before a Judge or Jury.
When properly screened and carefully developed, most cases do not go through each and every step. Approximately 95% of nursing home abuse cases result in a successful settlement. The experienced nursing home abuse attorneys from Davis & Brusca, LLC can help to ensure maximum compensation is recovered.