More than 10% of seniors over the age of 60 have experienced elder abuse in one form or another. However, only 25% of seniors have filed elderly abuse lawsuit or ever report their abuse to the nursing home neglect lawyers.
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:
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.
From financial extortion to physical violence, elder abuse cases are much more common than you think. Here are the most common signs of elder abuse.
Do you have strong evidence to prove the nursing home failed to do something or did something that caused harm?
Does the law requires nursing home or skilled facility to meet specific standards of care?
Did the victim suffer some form of mental, physical, or financial harm as the result of the abuse or neglect?
Here is a general overview of what a plaintiff can expect when hiring a knowledgeable attorney during an elder abuse lawsuit.
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:
If the plaintiff wants elder abuse compensation for monetary damages, they must state the amount.
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.
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.
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.
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.
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.
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.
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.
His career began in public service as a Surveillance Officer in Maricopa County, where he gained firsthand experience in high-stakes decision-making and developed a deep sense of discipline and accountability. He later served as Chief Operating Officer of a fast-growing law firm, driving efficiency, revenue growth, and team development. Today, Ryan focuses on helping law firms reach their full potential by aligning people, processes, and long-term vision. A strategic thinker and empowering leader, Ryan is passionate about developing others and guiding organizations through meaningful, lasting growth.
Effective Date: 10/15/2026
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