Nursing Home Injury Law FAQ

1. Q. What is nursing home injury law?

A. Nursing home injury law governs those who have been injured or neglected in nursing homes as well as their families – and also covers the punishments or consequences of those who were involved in the injury or neglect.

2. Q. How can I tell if my own loved one has been a victim of nursing home abuse or neglect?

A. Because many times neglect is hidden and abuse can also be hidden, it can be difficult to tell whether your loved one has been a victim. Your best bet is to be aware at all times – visit often and look for signs of physical abuse, emotional abuse or neglect. This might include physical injuries like bruises, cuts, sores or infections. You should also look for changes in your loved ones mood – such as being more depressed or withdrawn.

3. Q. What should I do if I suspect that my loved one has been abused or neglected in a nursing home?

A. The first thing you should do is alert the proper authorities and get yourself an elder law lawyer. You need to be sure that there is no chance for the nursing home to cover up any tracks that would prove that they have done something wrong.

4. Q. Should I hire a nursing home injury attorney?

A. It is a good idea to hire a nursing home injury attorney. There are many intricacies to nursing home elder law and it's important that you have someone who knows those laws inside and out to fight for you and your loved one.

5. Q. What is typically awarded in nursing home injury law cases?

A. The award generally depends upon what is happening in the case. Attorneys may try to have abusers or those who neglected the elderly punished, and typically, the victims receive some type of monetary compensation.

6. Q. Can I still sue on behalf of my loved one if he or she has passed away?

A. Yes, you can absolutely sue on behalf of a deceased loved one. If you can prove that your loved one was abused or neglected, you have the chance of seeking justice for your loved one and helping to implement consequences of those who allowed it to happen.

7. Q. What if my loved one is unable to communicate well – will we automatically lose the case?

A. No. In many cases, elderly individuals who have been abused or neglected are unable to simply talk about what happened to them. The abuse or neglect can still be proven, though and this is why you should speak with an attorney right away.

8. Q. How can I protect my loved one while we are involved in a case against the nursing home?

A. If you are concerned about retaliation from the nursing home, you should speak to an elder law firm about it. Know that the abuse or neglect could become worse if no actions are taken – and there is no telling how many other individuals are suffering as well.

9. Q. What if I'm unable to afford an attorney but I think my loved one is experiencing neglect or abuse?

A. This can be a difficult situation. Your best bet is to contact an attorney who works based on a contingency – meaning that they will get paid only if you win the case and the payment will come out of the monetary award.

10. Q. How can I tell if a few bedsores or injuries are really due to abuse or not?

A. In order to determine whether your loved one is really being abused, you should contact a lawyer. He or she will set up examinations for your loved one. Since injuries and bedsores are classic signs of abuse, you should never let them go unaddressed.

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