Is It Difficult To Sue a Nursing Home?

Many families rely on elderly care facilities and expect top-notch care for their loved ones. Unfortunately, residents may fall victim to nursing home negligence and experience either physical or mental hardships. If you suspect your loved one to be a victim of such negligence, you might want to take legal action against the facility.

This begs the question: Is it difficult to sue a nursing home? Learn more about this process and its challenges from the nursing home abuse lawyers at Larry Wall Trial Law. 

Possible Signs of Nursing Home Neglect or Abuse

You may consider filing a nursing home abuse lawsuit if you or a family member experiences any harm due to the facility’s negligence. Plaintiffs bear the burden of proof and may be able to file a claim if they can demonstrate that the facility and its staff failed to uphold a standard duty of care, which caused harm and subsequent losses. 

Scenarios that may lead someone to explore a lawsuit include:

• Negative reactions to medication due to dosage errors
• Poor conditions that contribute to bed sores or other infections
• A slip-and-fall injury resulting from wet or improperly maintained floors
• Accidental falls due to a lack of staff supervision

Common Challenges With Filing Nursing Home Liability Claims

Is it difficult to sue a nursing home? The legal process can be complex, especially when it comes to the following:

• Documenting evidence: You’ll need to collect evidence supporting your claim, such as photos of hazardous conditions in the facility, statements from witnesses, or recent compliance reports. 
• Evaluating damages: Your legal team will need to assess both economic and non-economic damages that you may pursue in your lawsuit. 
• Meeting filing deadlines: Different states have their own deadlines for filing a personal injury or wrongful death lawsuit. If you choose to sue a nursing home for these incidents, make sure you do so before the statute of limitations runs out. 
• Negotiating settlements: Attorneys for both the plaintiff and defendant often negotiate an amount that they think is fair to settle the case outside of court. 

How Long Can the Legal Process Take?

It could take months or even years for you to settle a nursing home abuse lawsuit. After you meet with a lawyer for the first time, they could devote several weeks or months to evidence documentation. Once their investigation is complete, they will file a lawsuit against the business and move into the discovery phase. 

After both sides exchange evidence, settlement negotiations will take place. Should negotiations be unsuccessful, the case may end with a trial.

Consult an Attorney for Any Legal Challenges You Face

So, is it difficult to sue a nursing home? You may face challenges when suing for nursing home negligence, but you might find working with a qualified attorney beneficial. Reach out to Larry Wall Trial Law if you’re looking to hold a care facility accountable.

Our legal team can discuss your options and help you figure out your next steps. To schedule a free consultation, give us a call at (316) 265-6000.