
When you make the decision to put your loved one in a nursing home, you do so trusting that the facility is going to do everything in its power to provide attentive, compassionate care. The last thing you expect is for the nursing home to break that trust, putting your loved one in danger or causing them harm. If your loved one has been the victim of abuse or an accident, you want a Winston-Salem nursing home negligence lawyer by your side to help you pursue compensation.
Nursing home negligence cases aren’t only complicated; they can also be emotionally and mentally challenging. Your loved one has suffered, and it’s natural for you to be upset. That’s why you want an experienced Personal Injury Lawyer providing compassionate legal guidance and support throughout the process.
In the U.S., one in 10 adults over 60 has been the victim of abuse or neglect. This sobering statistic highlights the importance of holding nursing homes and other liable parties accountable for their actions. An attorney can help you collect evidence of negligence, identify all liable parties, and pursue compensation on your or your loved one’s behalf in settlement negotiations or in court.
If you suspect your loved one has been the victim of neglect or abuse, it’s important to know the signs of negligence in nursing homes so that you can give them the support they need. Some key indicators are listed below:
In nursing homes across the country, one-third of residents report having experienced psychological abuse, while 14% report experiencing physical abuse, and another 12% report experiencing neglect. If you have reason to believe your loved one has experienced abuse, don’t hesitate to contact an attorney.
When a nursing home, its staff, or third-party contractors fail to provide appropriate care or deliberately cause harm, the law allows victims or their families to pursue compensation for their losses. If you’re planning to file a nursing home negligence claim, you can recover the following damages:
If the nursing home’s negligence led to the death of your family member, you can also pursue wrongful death damages to recover compensation for funeral and burial costs, loss of consortium, and other related losses. Work with your attorney to learn what damages you may be entitled to and to understand the true value of your case.
Since 1978, the team at Elam & Rousseaux, PLLC, has been providing injury victims and their families with the compassionate legal support they need. North Carolina nursing home negligence penalties are aggressive in punishing facilities, but they don’t do anything to help families move on. That’s why you need the experienced attorneys at Elam & Rousseaux, PLLC, on your side. We can get you the compensation your loved one deserves.
How hard it is to file a claim against a nursing home for negligence primarily comes down to the strength of your evidence. When you have compelling evidence, including photos that depict injuries, videos that capture negligence, surveillance footage, and witness testimony, it’s much easier to succeed in your case and recover compensation. However, if you’re lacking key pieces of evidence, you could be facing a long uphill battle to get justice.
Depending on the circumstances of the case, multiple parties can be liable for nursing home negligence. Oftentimes, the party that is primarily responsible is the nursing home itself, whether it be due to inadequate policies, understaffing, or poor supervision. Individual staff members could also be liable for direct acts of abuse. Similarly, staffing companies could be responsible if their poorly trained employees cause harm, as could third-party contractors.
In North Carolina, personal injury cases follow a strict pure contributory negligence rule. This means that if a person is even just 1% at fault for their accident, then they cannot recover compensation for their damages. This even applies to cases of nursing home negligence, although it is a harder defense to argue, as residents are often such vulnerable parties.
In cases of nursing home negligence, victims or their families typically have three years from the date of the accident to file a claim for compensation, as outlined in N.C.G.S.§1-52. However, if the negligence resulted in the wrongful death of your loved one, the statute of limitations is two years, as set by N.C.G.S.§1-53. Missing these deadlines could mean you’ll be barred from filing a claim and pursuing compensation.
If your loved one has been the victim of abuse or neglect in a nursing home, don’t wait until it’s too late to pursue justice. Hire a nursing home negligence lawyer from Elam & Rousseaux, PLLC, to help you hold these facilities and other parties accountable for their actions. Let your attorney focus on your case while you focus on caring for your family.
Contact Elam & Rousseaux, PLLC, to schedule a consultation. Come sit down with us to discuss your nursing home negligence case and learn more about our legal services. Trust our team to give you the support you need throughout your case.
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