Do I Need a Nursing Home Abuse Lawyer?

April 20, 2024 – Paul Hammack

South Carolina Personal Injury Lawyers | Hammack Law Firm | Call 864-326-3333

When deciding if you need a nursing home abuse lawyer, it’s important to consider that you already have a lot on your mind; you will likely have plenty to deal with in the aftermath of such abuse to care for your family. A nursing home abuse attorney can relieve your legal burden by:

  • Explaining nursing home abuse law and how it applies to your situation
  • Determining the exact monetary value of your case
  • Fighting on your behalf for a fair settlement or jury award
  • Helping you navigate any state laws that impact your ability to collect damages

What Nursing Home Abuse Lawyers Do

An attorney’s role is to help clients understand their rights, identify the pros and cons of each legal path available to them, and implement the best possible option – all in a way that minimizes stress for the client.

Nursing home abuse lawsuits can be complex and very emotional for the victims’ families. Necessary tasks may include but are not limited to the following.

Evaluating Your Case

Before taking legal action, you must know who is responsible for the abuse. The at-fault party may be:

  • An individual nursing home employee
  • The entire nursing home
  • A contractor working for the nursing home
  • More than one of the above

A lawyer can investigate your case to determine who the abuser is and collect evidence demonstrating their failure to care for and respect your loved one properly. The investigation can also yield evidence that helps your lawyer calculate how much money you should ask for in your lawsuit.

Calculating Damages

Do you know how to “convert” your loved one’s physical and emotional suffering into financial terms? This process is a critical part of determining how much compensation to seek. You will also have to add up the money you have lost or expect to lose because of the abuse.

Personal injury lawyers know how to run these types of calculations and can help you file suit for:

  • Medical expenses
  • Pain and suffering
  • Impaired quality of life
  • New or worsened disability
  • And more, depending on the circumstances

Confronting the Liable Party

You may or may not want to confront the party responsible for your loved one’s suffering personally. However, from a legal standpoint, this is not a good idea. Anything you say to them could provide fuel for their own case. Your words could even give their legal team an opening to deny you compensation.

Allowing an attorney to speak with the liable party not only gives you a chance to spend more time with loved ones, but it also ensures you have a legal professional on your side to:

  • Protect you from the insurance company’s attempts to devalue or dismiss your case
  • Negotiate aggressively for every penny that you and your family deserve
  • Manage all communications with the other side, including phone calls, emails, and in-person meetings
  • Make preparations for a court case, if the liable party does not want to negotiate in good faith
  • Advocate for you in court by submitting evidence, presenting oral arguments, and objecting if the defendant does not follow the rules

Working Quickly

If you are considering filing a lawsuit for a loved one’s injury or wrongful death, you must do so within three years of the event, per S.C. Ann. § 15-3-530. Therefore, reaching out to a law firm as soon as possible after learning about the abuse can protect your right to sue.

A lawyer can help you quickly make the best possible decisions by:

  • Responding to all of your calls and questions promptly
  • Explaining your legal options in terms you can easily understand
  • Helping you make decisions at every step of the way

Do I Need a Wrongful Death Lawyer?

What if your loved one passed away due to the alleged abuse? If this is your situation, you may have the right to seek compensation if you are the deceased’s:

  • Spouse or child
  • Parent (if there is neither spouse nor children)
  • Legal heir (if there is no one else)

S.C. Ann. § 15-51-20 outlines this law.

Wrongful death suits can be even more stressful than personal injury suits. With a nursing home abuse lawyer on the case, you will have the time you need to grieve in peace without worrying about how to get justice for your loved one or pay for their final expenses.

Get a Free Case Review Today

As you consider whether or not you need a nursing home abuse lawyer, call Hammack Law Firm for a free case assessment. We can discuss your rights and options.

Our team would be more than happy to fight for the money you deserve while you cope with these traumatic events at home with loved ones. A member of our team is waiting to take your call now at (864) 326-3333(864) 326-3333.

Questions or Schedule An Appointment? Call Us:

(864) 326-3333

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