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When placing an elderly family member in an assisted living facility, you trust they will be properly taken care of. Unfortunately, this isn’t always the case, as many senior citizens endure nursing home abuse each year. Abusive behavior can take on several different forms, including physical, emotional, verbal, and financial—any of which can cause the victim significant harm. If you have a loved one who has been mistreated in a nursing home setting, it’s important to consult an attorney about your legal options. 

How to File a Lawsuit for Nursing Home Abuse 

1. Hire an Attorney 

The first step you should take is to hire an attorney who has extensive experience in nursing home abuse claims. Navigating this area of law can be complicated and confusing on your own. Having legal representation will provide you access to valuable resources, expert witnesses, and the skills necessary to present a compelling argument. The right attorney will considerably improve your chances of recovering the damages your family deserves. 

2. Prepare the Evidence 

attorneyOnce it has been determined that you have a valid claim, the next step is gathering all of the proof you will need to build your case. This should include any contracts that were signed upon your loved one’s move in, their medical records, witness statements, photos of physical injuries they may have sustained, financial documents, and all correspondences your family has had with the nursing home. Your attorney will assist you in finding as much relevant evidence as possible. 

3. Submit the Complaint 

After you have collected sufficient evidence of the abuse, a formal complaint will be filed against the facility. This will contain information on the legal basis for the claim, facts relating to your case, who should be held responsible, and the amount of damages you are seeking.

4. Case Resolution 

Finally, you will enter the resolution phase. This will involve interviewing witnesses and exchanging discovery. Your attorney may also enter into negotiations with the other party in an attempt to settle outside of court, but if an agreement can’t be reached, you will begin preparing for litigation.  

 

Nursing home residents have the right to live in a facility where they aren’t afraid of being abused. If this right is violated, don’t hesitate to contact the attorneys at Egan & Richgels, S.C. With more than 30 years of legal experience, they can advise you on the best way to handle your claim and guide you through the process of pursuing justice. As your lawsuit moves through each stage, you can rest assured they will be working diligently to obtain a favorable outcome for you and your family. To schedule a free consultation, call their La Crosse, WI, office at (608) 784-0087. You can also visit them online for more information on how they will benefit your case.

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