Roughly 1.5 million Americans live in nursing homes, with an additional 1 million living in some other form of assisted living facility, according to a report by the National Institute of Health. And while most people expect that when it is necessary to move their loved one into this type of living situation, they will be receiving better care than they can get at home—since that’s what you’re paying for!—all too often residents may end up victims of abuse or neglect instead.
Even when staff are well-intentioned, many nursing home facilities try to save money by hiring too few staff, as well as hiring staff with less experience who aren’t paid well. When this happens, staff are spread too thin and unable to adequately care for all residents, which can end with some residents being dangerously neglected. And it’s very easy for neglect to result in serious mental and physical harm, or even death. It is the nightmare that all children and spouses of people residing in nursing homes fear.
Nursing home residents have a legal right to be free from abuse and neglect, and when they are harmed because of a nursing home’s negligence, your family deserves compensation. But we also know that many families are reluctant to file a lawsuit for a number of reasons. Unfortunately, many times lawsuits are often the ONLY way to hold a negligent nursing home responsible—and cause change.
Why You Should Sue a Nursing Home for Negligence
If your loved one was neglected in their nursing home or assisted living facility, there’s a good chance it was because the nursing home administration was being too stingy to give them appropriate care. They are also not going to give you any compensation without a fight first.
When you hire an experienced personal injury lawyer, you are giving your loved one the best chance they’ll have at justice for what they suffered.
Furthermore, filing a lawsuit against a negligent nursing home can help raise awareness of what that nursing home is doing, and help protect other families from suffering what yours did by holding the nursing home accountable, and not letting them continue to get away with it.
Is it Difficult to Sue a Nursing Home for Neglect in Georgia or Alabama?
If you try to go it alone, yes. But hiring a nursing home abuse lawyer can make the process a lot simpler. Our nursing home abuse lawyers know how to prove abuse or neglect happened, and we will fight for full compensation for what your loved one suffered and what your family went through as a result.
We are also locally based, so you can be assured that the safety of our community matters to us. Big, out-of-town law firms and nursing homes run by national chains aren’t invested in the well-being of our communities.
What You’ll Need to Prove
In order to prevail in a lawsuit, you must show facts to support the following:
- The nursing home facility was negligent (Example: they were understaffed)
- Your loved one was harmed (Example: they fell and broke their hip)
- The harm was the direct result of the negligence (Example: your loved one was unsupervised when they fell, due to understaffing)
- The harm caused damages (Example: your loved one suffered pain, permanently reduced mobility, and extensive medical bills from their broken hip)
What Type of Damages You Can Get Compensation For
Victims of nursing home abuse or neglect may be eligible for a wide number of damages, including:
- Medical expenses resulting from the abuse/neglect
- Cost of moving to a new nursing home or paying for home-based care
- Physical pain
- Emotional and/or mental suffering
- Funeral expenses (in the case of death)
- Other damages as relevant to the case
How Much Can I Expect to Win if I Sue a Nursing Home for Neglect?
Every case is unique, and there is no way to know how much your case is potentially worth before reviewing the facts with a lawyer. According to Health Affairs, the average settlement for nursing home abuse in the United States is $400,000 dollars. However, it is best to consider your loved one’s exact damages when setting your own expectations.
At the Law Offices of Gary Bruce, we offer free initial consultations for all clients or anyone considering becoming a client. Call our firm anytime, 24/7, to arrange a free, no-obligation case evaluation where we’ll go over your neglect case with you to determine if you have an eligible claim, what your claim may be worth, and what your next steps should be to get compensation.
Let Us Talk You Through Your Options
At the Law Offices of Gary Bruce, we pride ourselves on making sure that our clients are always informed about what we’re doing for them every step of the way, but also making sure that our clients don’t have to do more than what they absolutely have to so they can focus on how to move forward while we deal with the paperwork and red tape for them.
If you want to discuss whether filing a nursing home abuse lawsuit is the right decision for your family, contact us today for a free consultation.