Do You Have a Valid Nursing Home Abuse Lawsuit?
If your loved one has been hurt while living in a nursing home facility, there is serious cause for concern. After speaking to the staff member about your loved one’s injuries, you may wonder if you can file a claim against the facility. This may be particularly true if staff members were evasive about what happened, or could not tell you exactly what happened. So, how do you know if you have a valid nursing home lawsuit? Our Tampa nursing home abuse attorney explains further.
Your Loved One Suffered Serious Injuries
If your family member suffered a small bruise and there were no other real losses, it may not be worthwhile to file a nursing home abuse lawsuit. Filing a lawsuit does come with some legal costs and so, the damages you recover from a very minor injury may not be valuable enough to warrant a lawsuit. Still, even minor injuries can experience complications and become worse, so it is always important to monitor any injury your loved one suffers.
You Have Standing
To file a lawsuit, you must have standing. Standing is a legal term referring to the authority to take legal action. If your loved one is still alive, they may be the only person who can file a lawsuit. If they have a power of attorney or a court-appointed guardian, that individual can file on their behalf. If your loved one is no longer alive and you want to file a wrongful death claim against the nursing home, only the personal representative of their estate can file the suit.
You Can Prove Negligence
Even if you know in your heart that abuse or neglect occurred, you must still prove your case. To do this, you need strong evidence to show that the facility or staff member was negligent and your loved one suffered harm as a result. This evidence can include:
- Medical records documenting your loved one’s injury
- Pictures of the injuries
- Statements from eyewitnesses
- Reports from the Florida Agency for Health Care Administration, which can prove a complaint was made
After reviewing the facts of your case, a lawyer can determine what evidence to collect to strengthen your case.
The Statute of Limitations has Expired
All lawsuits in Florida are governed by a statute of limitations, or time limit. The statute of limitations on nursing home abuse lawsuits in Florida is two years from the date the abuse or neglect occurred. If you do not file within this time, your loved one will forfeit any compensation they are rightfully entitled to.
Let Our Nursing Home Abuse Attorney in Tampa Review Your Case
Even if your loved one has been harmed in a nursing home facility, it is not always easy to determine if you have a valid lawsuit. At Kohn Law, our Tampa nursing home abuse attorney can review the facts of your case to determine if you have a legitimate lawsuit. If so, we can also help you through the process so you obtain the full and fair compensation your loved one deserves. Call us now at 813-428-8504 or chat with us online to request a free consultation.
Source:
ahca.myflorida.com/health-care-policy-and-oversight/bureau-of-field-operations/complaint-administration-unit
