If your loved one is a victim of abuse or neglect in a nursing home, they may be entitled to compensation. However, pursuing a nursing home abuse claim can be challenging and complex.
You must gather evidence, file a complaint, negotiate with insurance companies and possibly go to trial. Along the claims process, you may encounter many obstacles and pitfalls that could jeopardize your case or derail your efforts.
Therefore, it helps to be wary of the common mistakes people make when seeking your loved one justice. Below are some of them.
1. Failing to document everything
Proper documentation of abuse is crucial in supporting your claim. From medical records and doctors’ reports to bank statements and witness accounts, it is advisable to document such evidence to help your case. The more evidence you have, the stronger your claim will be.
2. Accepting a low-ball offer
The nursing home or its insurance company may offer you a quick and easy settlement that may seem tempting but is far below what you deserve. Do not accept such offers without an informed evaluation of your claim and the compensation you may be entitled to.
3. Delaying action
Time is of the essence when it comes to nursing home abuse claims. Waiting too long before taking action can lead to the loss of or deterioration of key evidence. In addition, you may be barred from taking legal action by the statute of limitations, a law that limits the time available to file a lawsuit. You have two years to file a nursing home abuse lawsuit in California, but the longer you wait, the harder it becomes to build a strong case.
4. Handling the case on your own
Pursuing a nursing home abuse claim is not something that you should do on your own. The legal aspects of such claims can be complex, and you may not fully understand your rights or what you need to do to increase the chances of a positive outcome. It’s best to seek legal guidance as early as possible to help protect your loved one’s interests.