Elderly Abuse Lawsuit in 2024 | What to Expect
Nowadays, senior care neglect and abuse are becoming a true epidemic. While elder abuse includes mocking, spitting, or poking at older patients, it can also extend to:
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- Broken or injured bones.
- Bloody or torn clothes.
- Inexplicable cuts and bruises.
If someone you love is the victim of nursing home abuse and alternative resolutions have failed, consider filing an elderly abuse lawsuit. In addition, it is important to keep careful track and note of anything you observe. It will increase your chances of winning the case.
Spotting the signs of elder abuse
- Basic needs neglect.
- Dehydration and malnourishment.
- Emotional or social neglect.
- Humiliating older patients.
- Isolating older patients from other activities or residents.
- Unclean and unsafe living conditions.
- Medical neglect.
- Personal hygiene neglect.
The most unreported abuse
Primary elements of the elderly abuse lawsuit
Breach of duty:
Do you have strong evidence to prove the nursing home failed to do something or did something that caused harm?
Duty of care:
Does the law requires nursing home or skilled facility to meet specific standards of care?
Suffered harm:
Did the victim suffer some form of mental, physical, or financial harm as the result of the abuse or neglect?
A general overview of what to expect during your elderly abuse lawsuit
Here is a general overview of what a plaintiff can expect when hiring a knowledgeable attorney during an elder abuse lawsuit.
1. File a complaint
To initiate the ill-treat lawsuit, one of the litigators will work with you to draft and file a complaint. It is a legal document that lays out all of the claims that the plaintiff has against the defendants. In addition, it specifies what kind of relief he or she is seeking.
The top lawyers will investigate all the possible defendants and include them if they find others were involved. They will pursue every remedy to which you are entitled, along with extra damages, awards of attorneys’ fees, and the costs for bringing your action.
Generally, these complaints do not have to be long or complex. It should contain:
- A statement of all the facts showing the cause of action in a simple language.
- A demand for judgment for the relief to which the plaintiff claims to be entitled.
If the plaintiff wants elder abuse compensation for monetary damages, they must state the amount.
2. Defendant’s answer
When the plaintiff’s attorney files the complaint and initiates the lawsuit, the defendant will file an “answer,” or a response to the plaintiff’s complaint.
In their answer, the defense attorney for the nursing home will address the plaintiff’s claims and will deny them, and present defenses and counterclaims.
3. Discovery phase
As soon as the law permits, the lawyers will start investigating your case. This is known as the discovery phase of litigation. During this phase, the parties request each other to provide information and facts about the case. It can be in written form or verbally under oath.
Examples of discovery requests in elderly abuse lawsuit cases might be employee schedules, attendance logs, medication charts, patients’ medical records, and more.
4. Motions
After discovery and before trial, each party has the opportunity to ask the court to make rulings on specific issues.
For instance, each side can file a motion to compel discovery, a motion for extension to delay in proceedings, or a motion for summary judgment to request that the court decide the case without proceeding to trial.
5. Trial
It is the phase of litigation that most people are familiar with. During the trial phase of falsely accused of elder abuse case, both the attorneys present their side of the story to a judge. Nevertheless, he will then decide the outcome.
In civil cases, including nursing home abuse cases, the plaintiff bears the burden of proving the defendant’s fault by a majority of the evidence.
Settlement for elder abuse lawsuit
The majority of cases settle out of court. Through a nursing home lawsuit settlement, you will get compensation without going to trial. According to the Medical Journal Health Affairs, nursing home lawsuits settle for $406,000 on average. However, some that have worked with us have gotten $1 million and up.
Therefore, you want a lawyer who cares about you and the outcome of your elder abuse lawsuit, choose Ethen Ostroff. He and his professional connections ensure you get every dollar possible for what you went through.
Why choose Ethen Ostroff Law Firm?
From filing the initial report to the authorities to gathering additional evidence, our supportive and experienced elder abuse lawyer in Philadelphia can do anything to prove the abuse.
- We will sit with you to talk about subjects such as the elderly victim’s physical and mental capabilities, nursing home history, and the overall factors of the abuse allegation.
- After analyzing everything, we will recommend the best legal action to take.
- We will follow the statutory procedures to seek compensation on behalf of the elder victim.
- We will start investigating and gathering evidence and facts, such as photographic evidence, witness statements, medical records, and more to help you build a solid case.
- For those who are unaware, there are various laws that determine where, when, and how the lawyers can file elder abuse claims in court. We will help you navigate all these state and federal laws.
From emotional and physical abuse to financial extortion, it is high time to take action now. However, if you don’t know where to begin, contacting Ethen Ostroff should be your first step. Having such lawyers by your side will increase your odds of winning.
