Abuse that might take place inside a nursing home is one of the worst situations that a person can be asked to imagine, but the awful truth of the matter is that this kind of behavior, though not common, happens in some establishments across the country.
Being in a position where you might suspect abuse of a vulnerable person, relative or not, and of any age or gender, is taking place can be extremely worrying and stressful. The first thing that you need to do is find the courage to tackle it and make sure that you have the right representation and help. With this in mind, here is some information about filing a lawsuit with a California nursing home abuse lawyer.
Establish Your Proof
The first thing that you need to do is establish the evidence and proof of the abuse that you want to expose. Typically, this will be in the form of three things; confirmation that the victim was 65 years of age or older or was a ‘dependent adult’ who was under the care of EADACPA, that the defendant did abuse the victim, and that the abuse resulted in any form of suffered damages. These are the key criteria that need to be met to form a case.
Decide On A Legal Cause Of Action
The categorization of cases can vary, and depending on the level of harm that has been done, the range of most common claims in this arena are the likes of negligence, negligent hiring, elder abuse, breach of contract, and medical malpractice.
Gather Your Evidence
Of course, all and any evidence is key in winning a case like this, so make the best effort you can collect all and any exhibits that are going to support your claim. Commonly, this will be in the form of things like police records, filed abuse reports, documents displaying medical histories, documents displaying the victim’s current medical condition in comparison to a time before, proof of medical expenses as a result of claimed abuse, eyewitness testimonies, and of course any photographic or video evidence of the abuse taking place. The more evidence you can collect, the stronger position you will be in to establish the burden of proof needed to win the case.
File In Court
Finally, it comes time for court activities. First, you will file your claim, naming all parties involved and laying out the compensation that you are seeking, and this will result in letters of summons being presented to the defendants in order to set the court proceedings into action.
Contact a California Nursing Home Abuse Lawyer
If you should find yourself in the unthinkable position of needing to consult with a California nursing home abuse lawyer, then don’t hesitate to go directly to some of the best names in the business at Belal Hamideh Law. Our team of experienced and dedicated professionals are ready and waiting to take your calls and respond to your queries. We are eager to help you in any way that we can, and bring to light any injustices that you think have occurred. Contact us.