Nursing Home Abuse Lawyer Trenton, NJ
If you are looking for immediate legal advice regarding abuse or neglect in an elder care facility, you should speak with a nursing home abuse lawyer Trenton, NJ relies on as soon as possible.
According to a report by the U.S. federal government, up to 90% of nursing homes are understaffed. Coupled with the fact that a majority of facilities are for profit, and budget cuts have become standard practice, many of these homes are providing less than adequate care to the residents. Sadly, the average cost for this substandard care is $6,000 per month, not including medical treatment. Elders living in these type of facilities may be more prone to suffering from bed sores, weight loss, malnourishment, and infection.
Whenever a resident has been neglected, abused, or otherwise harmed while living in a nursing home, they may have the right to pursue compensation. Although every situation is inherently unique, the elder and/or his or her loved ones may recover compensation for:
- Medical treatment
- Pain and suffering
- Emotional distress
- Emergency relocation
- Punitive damages
- + More
In order to file a claim or lawsuit, it is highly recommended to hire a nursing home abuse attorney who has experience in handling these cases. Without an attorney, you are on your own and likely going up against multi-million dollar companies who will have their own legal team. This could end up in an ugly situation that doesn’t favor the abused resident.
What A Nursing Home Abuse Attorney Does
Nursing home abuse cases are highly complex and involve a broad range of state and federal legislation, rules, and processes. The abused residents’ nursing home attorney will need to demonstrate that the nursing facility was negligent. To prove this, the attorney must show:
- The nursing home owed a duty to the resident;
- The nursing home failed to adhere to this duty;
- The resident was harmed, injured, or died; and,
- It was the nursing home that caused the wrongdoing.
Filing a Claim or Lawsuit
As soon as you know you can file a claim or lawsuit, and you take legal action, your nursing home abuse attorney may build a case by following steps similar to those below:
- Notify the facility
- File a complaint with the state agency
- Gather information and evidence
- Draft a complaint and file it with the county clerk
- Serve the nursing home
- Wait for a response
- Litigate the case
- Consider a settlement offer
- If no settlement is acceptable, the discovery process will ensue
- Attend a pretrial hearing or conference
- Participate in mediation (on a case by case basis)
- Go to trial
- Win or lose the case
Most cases will not go through all 13 steps. In fact for approximately 95% of nursing home abuse cases, a successful settlement offer will be reached. Your nursing home abuse attorney from Davis & Brusca, LLC can help to ensure maximum compensation is recovered.