If you’ve recently found out that a loved one was abused or neglected in a nursing home, it’s only natural to want justice. Depending on the circumstances, abusive caregivers may face criminal charges for their misconduct, but even if no such charges have been filed, you may still have grounds for a claim against the at-fault individual and/or facility.
There are all sorts of tasks to complete upon learning about the abuse or neglect. Besides getting your loved one the medical care that he or she needs, you may also have to relocate him or her to another nursing home. This can involve online research, on-site visits, and interviews with caregivers and facility management. With so much on your plate, you might think it wise to put off contacting a nursing home abuse attorney until your schedule opens up, but this could prove to be a costly mistake.
The best time to consult a lawyer is immediately upon discovering the abuse or neglect. Read on to learn why it’s so important to get an attorney involved right away:
1. Essential Evidence Might Be Altered or Destroyed
It’s likely that the nursing home will be in possession of evidence that would strengthen your case such as surveillance footage, keycard data, and caregiver schedules. It’s also likely that the nursing home will be reluctant to relinquish such evidence voluntarily. Staff or management may even try to alter or destroy evidence to weaken your case. A skilled attorney not only can compile time-sensitive evidence but also can file subpoenas to obtain evidence that’s being withheld.
2. One Mistake Early in the Proceedings Could Derail Your Entire Case
There are all sorts of mistakes that can reduce the financial recovery in a nursing home abuse case or prevent the claimant from recovering any compensation at all. For example, if you or your loved one provides a recorded statement to the nursing home’s insurance company, such statements might be misrepresented to dispute liability or damages. Other common errors include failing to get the abuse victim an official medical diagnosis, posting about the case on social media, or accepting an early settlement that doesn’t account for all damages incurred. If you hire an attorney from day one, you will have a knowledgeable advocate by your side to help you avoid costly errors throughout the proceedings.
3. You Will Be Able to Focus on More Important Matters
Chances are you already had a busy schedule before discovering that your loved one was abused or neglected at a nursing home. Investigating these cases takes time and may involve interviews with caregivers and residents, filing subpoenas to obtain evidence, researching prior complaints about the nursing home, and bringing in a medical expert to provide deposition. Your attorney can handle these tasks so you can focus on caring for your family member.
Call 716-855-3761 to Speak with a Nursing Home Abuse Attorney in New York
At LoTempio P.C. Law Group, we are passionate about helping nursing home abuse victims and their families fight for the justice and compensation they deserve. We offer free consultations and accept cases on a contingency fee basis. Call 716-855-3761 or send us a message online to speak with a member of our team.