McArthur Law Firm

Proving Damages in a Nursing Home Abuse Case

iStock-531917486-resize-300x200.jpgAccording to the CDC, over 2 million people reside in nursing homes and that number continues to increase every year. Nursing homes are expected to provide a safe, comfortable environment for their residents and take care of their increasing needs. Unfortunately, in some nursing homes, residents are subjected to abuse rather than care. It is possible to file a legal claim against the abusive caretaker or nursing home. However, you will be required to prove the abuse happened and any injuries sustained by the resident resulted from the abuse.

Nursing home residents can be abused in several ways including physically, sexually, or financially. This abuse usually comes from caretakers and residents may not be healthy enough to defend themselves. It is therefore important to keep an eye out for signs of neglect or abuse, such as unexplained injuries or missing property, so you can report the abuse immediately. Further, if you will be seeking to file a lawsuit against the nursing home for the abuse, it is recommended that you speak to an experienced attorney for legal advice.

You and your lawyer will have the burden of proving your claim should the case move to trial. This usually happens because the nursing home and the accusing party cannot reach a compromise outside of court. Nursing home injuries are usually caused by caretaker negligence and you must prove that:

  • The nursing home owed a duty of care to the resident
  • The nursing home breached the duty of care
  • The resident was injured because of that breach

Filing a personal injury lawsuit is considered a civil case, so damages will be paid out as monetary value rather than prison time. Types of damages include medical treatment, physical pain, and mental suffering. Getting damages covered will require you to prove that the resident was injured as a result of abuse or negligence. It is possible to collect evidence such as photographs, patient charts, and medical records that document the injuries. There are times, however, where injuries go undocumented and you may have trouble collecting evidence that the injury happened, save for the resident's testimony.

If you're having trouble proving your personal injury case, schedule an appointment with an attorney as soon as you can. The experienced personal injury lawyers at the McArthur Law Firm will fight for your rights in court.

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