Victims of nursing home abuse often suffer from stress, frustration, and anxiety. Thus, following up with a lawsuit may feel like a daunting step to take. However, with the help of an attorney, victory is certainly attainable.  

In the state of Florida, you have two years from the date of the incident to claim compensation. To file a nursing home abuse lawsuit, you’ll need to establish, and have evidence that supports, the link between the damage you’ve experienced and the caretakers’ misconduct. For a detailed guide on types of nursing home abuse, signs, and legal protections, read Identifying & Combating Nursing Home Abuse. 

Many complications can arise when filing a nursing home abuse lawsuit, but knowledge is power. The more you know about these challenges, the better prepared you will be to fight them with confidence. 

Delays

One of the more common frustrations faced when filing a nursing home abuse lawsuit is delays or lengthy legal processes. Reasons for delay often involve (1) strategically lengthy negotiations with the institution and insurance representatives; (2) waiting for a trial date if a settlement isn’t reached; (3) post-trial appeals. Depending on the unique circumstances surrounding your case, the entire process may take anywhere from a month or two to over a year. 

Delays may often result in stress for victims as they are already facing a wide range of challenges, e.g., financial restraints due to medical expenses. However, it is important to remember that they are a natural part of the process. Don’t let their representatives talk you into accepting a potentially bad deal with the promise of reaching a quicker resolution. When in doubt, rely on the counsel of your legal representative. 

Interference from Institutions and Insurers

In some nursing home abuse lawsuits, especially when larger entities are involved in the suit, the negotiation process can feel hostile. Often, the goal of both the institution and its insurers will be to minimize their financial liability. It is not uncommon to run into aggressive defense tactics. Fortunately, a lawyer is familiar with such tactics and has experience handling highly defensive parties. 

Determining Liability

Typically, nursing home facilities have multiple individual operators take on different responsibilities to create an overall care environment. Because of this, it may be difficult to discern which parties are liable. Liable entities may include staff, third-party contractors, upper management, and even larger corporate entities who own the facility. This is another situation where an experienced attorney’s eagle eye can help sort out what’s what. Your attorney will assess the evidence to determine any parties liable, even the less obvious ones. 

Gathering Supporting Evidence

Another common and stress-inducing obstacle faced in a nursing home abuse lawsuit is difficulty in acquiring evidence. Due to the ultra-involved nature of care institutions, crucial evidence can be a headache to obtain. 

Obtaining Records from the Facility

Medical records are often a key piece of evidence in injury cases. For nursing home abuse lawsuits, attaining such evidence may prove to be a difficult task since the at fault party, e.g., the facility, possess some, if not all, of this information. The facility may misplace or mishandle the information, or even purposely delay or withhold it. An easy resolution to this problem is to seek support from a nursing home abuse lawyer. An experienced attorney knows the processes and tactics to gather this type of evidence; this is especially helpful when the facility causes unnecessary difficulty. 

Obtaining Testimony from Residents

Witness testimony is another crucial piece of evidence needed to support nursing home abuse cases. Not only is attaining witness testimony challenging due to witness reluctance, but the opposing party may question the reliability of the testimony. It is important to hire a nursing home abuse attorney from the onset to collect and protect the testimony needed. 

Reluctance from Witnesses

Unfortunately, many residents who witness nursing home abuse are unlikely to report it due to fear of retaliation. Other factors which may affect willingness to report abuse may include: 

• Downplaying the severity of the event 

• Difficulty recalling precise details 

• Feelings of shame and embarrassment.  

Testimony Called into Question

If a witness has problems with cognition, memory, or even communication, their ability to serve as a reliable witness may be called into question by the opposing party. Since cognitive disability and mental illness are noted risk factors for elder abuse, it’s important to seek out witnesses without cognitive impairments such as other healthcare staff not responsible for the abuse.  

How a Nursing Home Abuse Lawyer Can Help 

When considering a lawsuit for nursing home abuse, it can be hard to know what to expect. With all the complications that can arise, the anxiety can be overpowering. But you don’t have to handle any of these roadblocks alone. By seeking out an experienced nursing home abuse attorney, you can strengthen your case and lighten your load. Their skills and expertise can lower these hurdles and clear your path to financial compensation and peace of mind. 

Reducing Potential Complications 

Through experience and professional connections, they effectively navigate any complications while acquiring key evidence and testimony. Legal experts also understand liability intimately and can ensure you file your suit properly. Lastly, a lawyer has familiarity with the defensive tactics commonly employed by insurance companies. 

At The Law Offices of Scott Jay Senft, we are committed to supporting you through the challenges of any litigation process. We have over 30 years of experience and the results to back it up. If you’re looking for skilled, reliable legal representative for a nursing home abuse lawsuit in the state of Florida, we may be able to help. If you suspect nursing home abuse, do not hesitate to contact us for a free consultation today with a nursing home abuse attorney.