Common Mistakes when Filing a Nursing Home Abuse Claim, and How to Avoid Them
If your loved one has suffered abuse while in a nursing home, financial compensation cannot undo their injuries, including their emotional trauma. However, the compensation obtained from a lawsuit can help pay for your loved one’s medical expenses, pain and suffering, and more. To obtain the full and fair compensation your loved one needs, though, it is critical to avoid some of the most common mistakes made in these claims. Below, our Tampa nursing home abuse attorney explains what these are.
Agreeing to Arbitration
Many nursing homes require residents or family members to sign an arbitration agreement upon admittance of your loved one. If you have already signed an agreement, you may still have alternative options, so it is important to speak to a Tampa nursing home abuse attorney. If you have not signed such an agreement, it is important that you do not sign one. Arbitrators usually work for the nursing home, so they are not objective. Additionally, arbitration is confidential, which means the nursing home will be able to conceal the abuse that occurred.
Not Filing Quickly
Under Florida law, you have just two years from the date of the abuse to file your claim. There are exceptions, but they are limited. This time limit is the statute of limitations and if it expires, your loved one will lose the right to claim any compensation at all. Speak to an attorney as soon as you discover potential abuse to protect your loved one, as well as other nursing home residents.
Failing to Document
Just about anything that happens between you, your loved one, and the nursing home can serve as important evidence when filing your claim. While you may be tempted to delete a text message or email from the facility or a staff member that angered you, it is important to keep this communication. You may not be able to retrieve it in the future and it may help prove your case. Medical records, footage from video surveillance systems, and eyewitness statements are also all valuable pieces of evidence you should keep. An attorney can advise on the best evidence in your case and help you collect it.
Not Reporting the Abuse
It is of the utmost importance that you report the abuse to the authorities. You can call the Department of Children and Families to report abuse, or report it online. The agency will take the appropriate action, such as investigating the abuse, which will not only stop it from happening, but also help support any future claim you file.
Not Contacting Our Nursing Home Abuse Attorney in Tampa
You can file a claim on your own but to ensure your loved one receives the maximum compensation they deserve, it is important to work with a Tampa nursing home abuse attorney. At Kohn Law, our experienced attorney will guide you through the process and ensure your loved one’s rights are upheld so they obtain the full and fair settlement that is justly theirs. Call us now at 813-428-8504 or chat with us online to request a consultation and to learn more.
