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    How To File A Nursing Home Abuse Lawsuit

    If you pay any attention to the news, it’s likely you’ve seen one or two nursing home abuse scandals over the years. You might be curious how those cases get to that point.


    Filing a lawsuit can be scary, and without the right guidance it can be difficult.

    Here’s how to file a nursing home abuse lawsuit:

    1. Retain an attorney: Yes, it’s not a requirement that you hire an attorney to handle your case. Unfortunately, the way many of these cases go and the expertise needed to get favorable results, having an attorney on your side is often recommended. If you are considering filing a lawsuit, retaining an attorney with experience handling nursing home abuse cases is key. Due to the complex nature of these cases, your lawyer should have a specialty handling these.

    2. Preparing to file the lawsuit: Together with your attorney, gather documents – such as nursing home contracts, etc. – medical records, witness statements and photographs and/or video. Only once you’ve gathered all these things and assessed the full value or your evidence will your attorney be ready to file a lawsuit.

    3. Complaint/petition: The lawsuit itself is called a complaint or petition. This identifies the claims made by your side against the at-fault person or party. Additionally, the complaint spells out the legal basis for the claim, the facts/evidence, as well as the damages sought. The complaint is filed in your jurisdiction and will be served upon the at-fault party following filing with the court.

    4. The legal process: This can be the most time consuming part. After the lawsuit is filed, a process of gathering information, asking questions, interviewing witnesses and preparing the case for resolution takes place.

    Skipping any of the above steps is a good way to lose your case. You and your attorney can assess what the best options are for getting a favorable outcome, whether that’s out of court via a settlement or going to trial.

    If you or a loved one has suffered nursing home abuse, it may be in your best interest to consult with a nursing home abuse lawyer.

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