Five Mistakes To Avoid When Filing A Nursing Home Abuse Claim
Lawsuits alleging nursing home abuse are not just about money. These cases expose the abusive and negligent situations occurring within nursing homes and assisted living facilities. Most of the time, the victim cannot speak for themselves. Therefore, it is up to their loved ones to seek justice on their behalf. When filing a nursing home abuse claim, you only have one chance to recover the compensation your family deserves. To ensure you are successful, avoid the five most common mistakes while filing your claim, which are found below.
Signing an Arbitration Agreement
The nursing home facility may have asked you to sign an arbitration agreement when you first admitted your loved one to the facility. If that is the case, speak to a lawyer to determine what options you have. If you have not yet signed an arbitration agreement, do not. Arbitration will not allow you to expose the wrongdoings of the nursing home and its staff, and the arbitrator likely works for the nursing home, not you. As such, you will have a harder time claiming the full damages you deserve.
Waiting Too Long
In Florida, you have only two years from the date of injury to file your claim. This time limit is known as the statute of limitations and if this time expires before you file your claim, you will forfeit your legal right to claim damages. Filing a claim takes time, so speak to a lawyer as soon as possible after learning of the abuse.
Destroying Evidence
You may think nothing of deleting an email that made you angry, or you may think you can retrieve them again in the future. Electronic evidence such as texts, emails, and voicemails are not always easy to retrieve after you delete them, and they serve as valuable evidence. Always keep any form of communication you receive from the nursing home. You never know when you will need it.
Failing to Report the Incident
It is a common misconception that the attorney you work with will report the abuse to the state authorities. While this is sometimes the case, it is always recommended that you report the abuse yourself. State agencies will take the complaint more seriously if you report the abuse yourself, so there is a better chance that action will be taken. Also, when you report the abuse yourself, you can provide the state agency with more details, which is beneficial when exposing the facility for their wrongdoing.
Not Working with a Nursing Home Abuse Lawyer in Tampa
When filing a claim, it is of the utmost importance that you work with a Tampa nursing home abuse lawyer. At Kohn Law, our skilled attorney will ensure no mistakes are made in your case, so you and your family recover the fair settlement you deserve. Call us today at 813-428-8504 or contact us online to schedule a free consultation and to learn more about how we can help.
Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0400/0400.html
