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When is it Time to Sue a Virginia Nursing Home for Abuse?

Tysons, VA Nursing Home Lawyers

Tysons VA nursing home lawyersIf you suspect or know that someone you love is being abused in a nursing home, it may be time to enlist the help of Tysons, VA nursing home lawyers, to sue the facility for its atrocious treatment of your innocent loved one.

At Cohen & Cohen, P.C. , we have over 25 years of experience successfully fighting for the rights of seniors and elderly people who have been the victims of neglect or abuse in nursing homes

Kinds of Nursing Home Abuse and

Unfortunately, nursing home abuse can come in many different forms, including financial exploitation, physical or emotional abuse, and neglect. While there are resources to help protect your loved ones against nursing home abuse—such as social services or local law enforcement—another way to help your loved one is to use our services to file a lawsuit against the nursing home. By filing a lawsuit with our Tysons, VA nursing home lawyers, we can work together to help your loved one pick up the pieces after a traumatic experience.

How it works

Whenever you (the plaintiff) files a civil lawsuit, the process is as follows:

  1. Investigate the facts surrounding the abuse (this is used to determine damages)
  2. Make a demand
  3. File the complaint against the nursing home
  4. Exchange discovery
  5. Enter into negotiations between both parties
  6. Receive an answer either by reaching a settlement or going to trial and having a jury decide

By using our services to enter into a civil lawsuit with the help of our Tysons, VA nursing home lawyers, the victim of abuse may be able to receive financial compensation for the damages done to them.

Who files a nursing home lawsuit?

Typically, nursing home lawsuits need to be filed by the victim of the abuse that happened at the nursing home and cannot be filed by a concerned family member because the abuse did not happen directly to them. Unfortunately, this makes it complicated to file a nursing home lawsuit- particularly when the victim of abuse has a diminished mental capacity and cannot fully function. There are a few legal options that Tysons, VA nursing home lawyers may be able to help with that include but are not limited to:

  • Power of Attorney (POA) If an abused resident of a nursing home has awarded POA to a family member, then the loved one has the legal right to make decisions on behalf of the victim.
  • Guardian or Conservator You can receive a court order naming you or a family member
    as guardian or conservator on behalf of the abused resident. This is similar to having power of attorney.

Who can be held liable for nursing home abuse?

Once it is determined who will be filing the lawsuit, next, you need to identify who the defendant will be. Typically, these defendants are:

  • The party or parties responsible for causing the injuries
  • The company that owns the nursing home where the abuse occurred
  • The supervisor of the nursing home who was aware of the abuse taking place and did not do anything; and/or who failed to check their employees’ for previous abuse accusations, etc.

Many people find that it is much easier to identify the defendants in nursing home abuse cases with the help of reliable Tysons, VA nursing home lawyers, than if they try to do this on their own.

What claims can you bring against the nursing home?

Potential legal claims you can file against the nursing home are:

  •      Breach of contract
  •      Elder abuse
  •      Negligent hiring of employees
  •      Negligence (against the resident), and
  •      Medical malpractice

What can my lawyer do for us?

By working with a lawyer from Cohen & Cohen, P.C., you can rest assured knowing the safety of your loved one is of the utmost importance to us. We will go over every detail of your case to get your loved one the help they need, the safety they deserve, and the compensation they are entitled to.

Contact us any time of the day or night, any day of the year, for a free case evaluation with no obligations. You’re just one call away from peace of mind that the steps are in motion to stop the abuse of your loved one.

For highly rated Tysons, VA nursing home lawyers, contact Cohen & Cohen, P.C., today.

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