Mistakes To Avoid When Filing A Nursing Home Abuse Lawsuit
Filing a nursing home abuse lawsuit is about much more than just receiving monetary compensation for your loved one’s injuries. Lawsuits also expose the neglect and abuse of elders, and they hold nursing homes accountable for the actions of their administrators and staff members.
In the majority of cases, nursing home residents cannot speak for themselves and so, their family members must seek justice on their behalf. You may only have one chance to file your lawsuit, so it is important to avoid some of the most common mistakes made. Our Tampa nursing home abuse attorney explains what those are below.
Sign an Arbitration Agreement
Nursing homes often want to resolve disputes through arbitration, because the matter is kept confidential. Arbitration also often favors the nursing home because they use the same arbitrators time and time again, which is good for repeat business. If the facility has not yet asked you to sign one, do not, as you could be signing away the rights of your loved one. If you have already signed one and fear abuse, speak to an attorney who can review the agreement and determine if you can challenge it.
Wait Too Long to Speak to an Attorney
You may feel hesitant to file a lawsuit against the nursing home, but it is sometimes necessary to obtain justice for your loved one. It is important that you do not wait to speak to an attorney. As soon as the nursing home even suspects that you will take legal action, they will have a team of attorneys working on their defense. It is important that you have someone standing up for the rights of you and your family. Also, if you wait too long to speak to an attorney, the statute of limitations may expire, prohibiting your loved one from recovering any compensation at all.
Destroy Important Evidence
It is commonly thought that digital evidence such as text, photos, and voicemails are forever. Unfortunately, this is not always true. Deleted email and texts can be destroyed if a server is replaced, or if a phone breaks. There are a number of things that can happen that result in permanent destruction of important evidence. For this reason, it is crucial to keep all important evidence, such as communication between you and the nursing home or the staff members.
For example, if the Director of Nursing (DON) sent you an important voicemail about the case or your loved one’s health, make sure you save it. Or, if an aide texts you to report a concerning medical condition your loved one suffers from, it is important to keep this, too. The more evidence you have in your case, the stronger it will be so do not delete or throw anything away.
Our Nursing Home Abuse Attorney in Tampa Will Ensure No Mistakes are Made in Your Case
If you suspect your loved one was the victim of nursing home abuse or neglect, do not file a lawsuit on your own. At Kohn Law, our Tampa nursing home abuse attorney will answer all of your questions and make sure no mistakes are made so your family obtains the maximum damages you are entitled to. Call us now at 813-428-8504 or connect with us online to schedule a free consultation.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0400/0400.html
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html
