Understanding the Nursing Home Abuse Claims Process

Most families that choose to send their elderly loved ones to nursing homes do not do so lightly. Typically, a nursing home is a last resort, and individuals go there because they require extensive medical care and round-the-clock attention that is just not available at home or with family. So, it is disheartening every time yet another story of nursing home abuse makes headlines, or when another home gets to keep its license despite having been charged and convicted of neglect and mistreatment. At the law offices of Brassfield & Krueger, Ltd., our nursing home abuse attorneys are tired of nursing homes getting away with the mishandling of residents. If you suspect that your loved one has been mistreated or neglected in any way by his or her nursing home caretakers, our lawyers will conduct a thorough investigation and, if your allegations prove to be true, fight for justice on your loved one’s behalf.

The Claims Process

Most people who are unfamiliar with the legal system assume that once a legal claim is filed, a trial date is set and a hearing held right away. This is not the case. In many instances, a claim never actually goes to trial and is instead settled out of court. However, even if a case is settled out of court, it still takes time to reach the actual “settlement” stage. Before it can get there, a few things need to happen. Those are:

Case Evaluation
Claim Investigation
Notice of Claim
Lawsuit
Discovery Phase
Settlement Negotiations and Mediation
Trial (if applicable)

The case evaluation and the claim investigation are the two most important aspects of any legal claim. We will use your free consultation to hear the details of your case, and if we believe that you have a valid fear, we will employ an investigator to conduct a thorough investigation.

The investigation process consists of gathering records pertaining to the case such as facility records, medical records, photographs, etc. What we are looking for is evidence of injury, neglect, and malpractice. Generally, this is the most time intensive aspect of the case, as most nursing homes will not just hand over their records for scrutiny. We may need to obtain a warrant to get all of the information we need to determine the validity of your claim, which we will only do if all other evidence points to abuse and/or neglect. In addition to looking for evidence of abuse, we are also looking for evidence of liability, as without liability, there is no case.

Our experienced attorneys will not accept a case if we do not believe that there is valid legal standing, so if we do take on your case, know that the evidence is strong and that there is a good chance of you winning. On the other hand, if we are unable to gather substantial of both abuse and liability, we will notify you and the case will end. It is then up to you how you want to proceed from there.

Of course, every other aspect of the claim is important as well, and even with substantial evidence, there is no guarantee that you will win your case. An opposing attorney may refute the evidence with a valid argument, or even get evidence suppressed. Without a skilled attorney of your own, you may find yourself on the losing end of the legal battle. To prevent a solid case from becoming yet another instance in which the nursing home wins, hire an aggressive and experienced nursing home abuse lawyer in Rockford, IL to help you fight for justice for your loved one.

Schedule Your Free Consultation Today

At the law offices of Brassfield & Krueger, Ltd., we want neglectful nursing homes to be held accountable for the actions of their employees. If you suspect that a loved one is being or has been mistreated by the staff of their home, schedule a free consultation with one of our Rockford, IL, nursing home abuse attorneys today.

If you are thinking about placing a loved one in a nursing home, make sure that they know their rights beforehand.