As more seniors move to nursing homes and assisted living facilities, the number of claims involving negligence is only expected to increase. Though similar to nursing home abuse in a number of ways, negligence on the part of a care facility is often more difficult to prove. If you suspect your loved one is a victim of nursing home neglect, a personal injury attorney can help you obtain justice and compensation for the damages. Below, the Texarkana, TX, attorneys from the Law Office of Hawley Holman discuss what to expect from the claims process.

What Should You Expect in a Nursing Home Negligence Case? An Attorney Explains

Filing a Claim

Filing a civil lawsuit is often the first step in the claims process and allows you to seek compensation for damages stemming from the negligence of the care facility. Once your complaint is filed, the nursing home will submit a response to the court, and a period of “discovery” will commence. During this period, your attorney will interview potential witnesses, dig up evidence, and exchange findings with the opposing party. Assuming you are unable to reach an appropriate settlement, your case will be assigned an official trial date.

Proving Your Case

Once your case moves to trial, you and your attorney will have the burden of proving your claim. In the majority of nursing home negligence cases, this means clearly showing your loved one was owed a duty of care by the facility, the staff breached that duty of care, and your loved one suffered harm as a result.

Damages

To obtain the proper compensation, you and your attorney must present evidence of the harm sustained. Damages in these cases are often awarded for physical and mental pain and suffering and emotional distress. Present any photographs, documents, or witnesses who may be able to corroborate your claim. Depending on the evidence and level of harm, the court may also choose to award punitive damages.

If your loved one has suffered due to the negligence of a nursing home or assisted living facility, the Law Office of Hawley Holman is available to help. Backed by over 30 years of legal experience, Attorney Holman provides expert guidance and representation across a variety of personal injury case areas, including auto and truck accident, wrongful death, and nursing home negligence claims. Visit the firm online, or call (903) 792-4513 to speak with a personal injury lawyer directly.