Nursing Home Abuse: Key Factors to Consider

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Nursing Home Abuse: Key Factors to Consider

Discovering that your loved one has been mistreated in a nursing home is devastating. But once you suspect nursing home abuse or discover that your loved one is being victimized, your next step is to seek legal counsel on their behalf.

Female Care Worker Mistreating Frightened Elderly Man in Nursing Home Abuse scenario

Signs You Need A Nursing Home Abuse Lawyer

Should your loved one exhibit signs like these:

  • Suddenly develops anxiety and depression, becomes withdrawn, or has an abrupt mood or behavioral changes
  • Fear or refusal to speak, especially around caregivers
  • Bedsores, bruises, and other unexplained injuries that appear suddenly
  • Injuries that are not reported
  • Requires medical attention for an injury, or there are medical bills for an unreported injury.
  • Not being cared for, neglected, or living in an inadequately kept space
  • Signs of malnutrition or dehydration
  • Missing personal possessions
  • Changes in banking and other financial accounts
  • Changes in personal documentation, such as wills and powers of lawyer

Begin gathering information and evidence from your loved one in the home, and take pictures of anything suspicious. Document your complaints and contact Adult Protective Services and the West Virginia Ombudsman program. Then contact The Love Law Firm.

Finding The Right West Virginia Nursing Home Abuse Lawyer

A nursing home abuse case incorporates elder law as well as personal injury law, making it more complex than other personal injury claims, such as a slip and fall. It is important to find a lawyer with a strong understanding of both aspects to develop the case.

Choosing a nursing home abuse lawyer will involve sharing highly personal information, either for yourself or on behalf of your loved one. You should feel comfortable discussing these things with the lawyer you choose. Communication between you and your lawyer is vital to both understanding and building the case.

While many claims are settled before going to court, some cases will head to trial. The lawyer you select should have considerable experience in both building a case and trying cases. He or she must be ready to go to court if the nursing home refuses to provide a fair settlement for your loved one.

How will your lawyer get paid? For many clients, the contingency fee arrangement offers access to legal counsel for those who may not be able to afford it otherwise. Instead of a retainer, hourly rate, or an up-front flat fee, the lawyer is paid from eventual the settlement.

As a client, you should fully understand how your lawyer will be paid fees and other related costs before signing a contract. They should also explain any potential out-of-pocket fees you might be responsible for paying, such as court costs or fees for depositions. Everything should be documented in any contract or agreement you sign. They should be transparent about all fees, services included, and any available options for payment. Ask questions if you are unsure.

Law firms with experience in elder abuse and nursing home abuse understand the applicable West Virginia laws pertaining to this type of case. In addition to the evidence you provide, they will gather additional evidence to find out more about what happened. They will conduct the discovery process to build the case and pursue a settlement. If these negotiations fail, the next step is to file a lawsuit.

Defending The Vulnerable In West Virginia

We hope that your loved one is always well cared for in a nursing home. If ever you discover that they are not, please call us immediately.

Because a nursing home abuse lawsuit can be complicated, it is important to have a lawyer who understands the complexities of this type of case. Contact The Love Law Firm today at (304) 344-5683 or contact us online for a free consultation. We’ve helped thousands of West Virginians fight for their loved ones in nursing homes and are ready to help you.

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