If your loved one was a victim of nursing home negligence, you deserve compensation. By taking the necessary steps after your accident, you can get justice for the injury or death of your loved one. You should consider doing all of the following after you decide to file a lawsuit.
1. Document the Incident
The first step in your lawsuit is to document the incident. Your memory is only so good, and it distorts the facts as time goes by. If you’re relying on your memories to file a lawsuit, you could be in for a long road ahead. You are unlikely to remember the specific dates and times of incidents. Furthermore, you may not have any recollection of the witnesses and their contact information.
For this reason, you should document the incident as soon as it occurs. Write down all of the details and keep everything in a safe place. When you hire a lawyer, you can show them the written documentation.
2. Speak with the Nursing Home
In some cases, you may want to speak with the nursing home coordinator or the supervisor of the worker who caused the incident. But this should be done with caution. You should avoid making threats and be cautious with your words, as they could be used against you in your lawsuit.
If the incident was minor, the nursing home may be willing to take action to remedy the situation. However, you should avoid accepting a settlement offer or signing any papers until you hear from your attorney. If you agree to accept money for the incident, you could be prohibited from filing a lawsuit. It’s important to get expert advice on the matter before making a decision.
3. Act Within the Statute of Limitations
There’s a statute of limitations on civil lawsuits, and the timeline varies according to state laws. In Illinois, there is a two-year deadline for personal injury cases. You only have two years from the date of the incident to act on the matter.
There are some exceptions to the statute, but you should do your best to file within the time frame. In most cases, filing too late results in the case being dismissed. You won’t be able to seek compensation for the incident and the nursing home will get away without consequences.
4. Speak to an Attorney
If you want to sue the nursing home, you need to speak to an experienced lawyer. You should first find out whether or not you have a strong case. Sometimes, what seems like neglect is not enough to qualify you for compensation. By speaking with an attorney, you can find out if your case meets the burden of proof for a civil lawsuit.
If you do have a case, your attorney will be able to explain more about the process of filing a lawsuit. They can tell you about your options for receiving compensation and will get you started on the process.
In most civil lawsuits involving personal injury, the case is resolved out of the courtroom. The nursing home could agree to pay you for medical bills, pain and suffering, and other expenses.
Get the Help You Need
In 2018, about 14.3% of the population in Evanston was 65 or older. Sadly, nursing home abuse is more common than you might imagine. If you or a loved one have been a victim, contact a lawyer now. You could be on your way to holding the nursing home accountable for their negligence.
