Understanding the Basics of Consumer, Financial and Personal Injury Law

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Understanding the Basics of Consumer, Financial and Personal Injury Law

Up until nine months ago, I always considered myself above everyone else when it came to having good credit. I paid my bills on time and never went a day late on rent. I became the epitome of what a good consumer should be. But after losing my job after 12 years of faithfulness and hard work, my ego took a hit and so did my credit and finances. Humbled, broke and unable to pay my bills, I decided to file bankruptcy. I couldn't get a job right away and the only way to stay afloat was to start over. My bankruptcy attorney helped me do that. I started this blog to teach you how to come back from a financial and personal disaster with your life intact. I hope that you find the legal counsel you need to rebuild your life as well.

How A Personal Injury Attorney Can Help With Nursing Home Neglect

Nursing homes are supposed to be safe places for seniors and others who need round-the-clock care. When you put your loved one in a nursing home, you're doing so for their benefit -- and you have every reason to expect them to receive the compassionate, quality care they need.

So what happens when they don't? Nursing home neglect and abuse have been declared an epidemic in this country over the last decade. For example, a 2014 report from the Office of Inspector General (OIG) in the Department of Health and Human Services indicated that 33% of people in skilled nursing environments experience harmful events while there. More than half of those incidents are preventable. You can bet that no nursing home is going to easily own up to such dismal figures, however.

Here's how a personal injury lawyer can help if you suspect nursing home abuse or neglect:

  1. Determine if you have a case -- An attorney can meet with you and your family members (and, possibly, the victim) to discuss the circumstances of your case, what led you to believe that abuse or neglect occurred, and what evidence you may have. From that, they can often determine if you have a potential case and recommend the next course of action.
  2. Force the nursing home to disclose information -- If you're being stonewalled by the nursing home's administration, you may be having a hard time even getting the information you need to understand what went wrong. An attorney can use legal maneuvers like subpoenas and formal document requests to shake information loose that may support your beliefs.
  3. Look for additional areas of abuse -- You may be able to recognize some obvious signs of abuse, but you may not realize that some signs of abuse are often mistaken as a product of age or dementia. An attorney with experience in these matters can often spot signs of abuse that other people miss.
  4. Negotiate a settlement -- It may not even be necessary to file a lawsuit against the nursing home. In many cases, once the administration knows that the secret is out, they're willing to settle quickly to avoid further publicity. 
  5. File a timely claim -- Every case has a statute of limitations or a time limit during which a personal injury claim has to be filed to be valid. If you miss that limit accidentally, you will lose your right to file forever. An attorney can help you avoid a disastrous mistake.

If you believe your loved one was the victim of nursing home neglect or abuse and there are injuries to prove it, find out more about how personal injury lawyers can help.


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