When your loved one suffers some sort of unnecessary illness or injury during a stay at a nursing home, a nursing home abuse or neglect lawyer can help your family prove how the negligence occurred, determine which parties should be held liable, and negotiate a fair settlement that reflects your loved one’s pain and suffering. Additionally, an attorney will help keep your case on track, meet all deadlines, and attempt to reach a fair settlement in a timely manner. According to NRS §41A.097(2), victims in cases of nursing home abuse generally have a one-year statute of limitations for filing a lawsuit, with limited exceptions.
Should the insurance company representing the negligent party refuse to come to a fair settlement in your case during the negotiation phase, your attorney will stand by your side and represent your interests during a court case.
A Lawyer Can Help You File a Claim
One of the first things a lawyer will do when you seek to make a claim of possible abuse against your loved one’s nursing home is to investigate the facts in the case. It is important to have all of the facts laid out to achieve the best possible outcome in the case.
Ensuring the Safety of the Victim
First and foremost, the attorney will work with you to ensure that your loved one is as safe as possible. We need to be certain that they receive the medical care required to help with recovering from any injuries or illnesses related to the abusive situation. If it is not safe for your loved one to remain at the nursing home because of a fear of retaliation, it is important to find a new residence that will be safer.
Studying Reports Related to the Abuse
Should the abuse of your loved one have led to the filing of a police report or a report with the Nevada Department of Health & Human Services Aging and Disability Services Division (ADSD), your attorney will study those reports, determining the full extent of the injuries the abusive situation caused. These reports can provide key pieces of evidence as your attorney attempts to help you receive a fair settlement that reflects all of the physical and emotional trauma your loved one has suffered. Should the attorney need more information, these reports can show people who were witnesses to the abuse, allowing for interviews to take place.
Determining Any Health Issues
Finally, the attorney will speak with the doctors and others who are caring for your loved one, determining the exact extent of the injuries in the case. By gathering the health-related information, we can figure out what kind of future your loved one is facing from a health standpoint. If your loved one has ongoing health care needs and medication requirements related to the abuse, such as with bedsores, these ongoing costs can be part of any settlement negotiation.
Should your loved one have a reduction in quality of life because of the abuse, the attorney can help you determine a fair financial compensation amount for this situation too.
A Lawyer Can Negotiate with the Insurer
One of the key tasks an attorney will perform for you and your loved one in a nursing home abuse case is taking over the negotiations with the insurer. In personal injury cases like this, an insurance company may contact you or your loved one directly, offering a settlement amount to conclude the case quickly before it goes to court. However, this may not be in your best interest, especially if you are still unsure what kind of health situation your loved one may be facing in the future.
By hiring an attorney to handle the negotiations, you and your loved one can focus on healing rather than dealing with the pressure of frequent calls from an insurance company.
An Attorney Can Help You Receive a Fair Settlement
A nursing home abuse or neglect lawyer can help your family in many ways, especially if your loved one suffered severe injuries and you have to care for them. Understand that attempting to represent yourself in a case like this can be a challenge, as you can be certain the nursing home’s insurance company will have attorneys and adjusters on its side that could place you at a disadvantage unless you also have representation on your side from a nursing home abuse attorney.
Call Our Team Today for Help
The team at Bernstein & Poisson is ready to help. We will closely study the facts in the case, determining what happened and how the abuse affects your loved one’s quality of life both now and going into the future. Call us today for a free review of your case at (702) 633-3333.