If you put a loved one in a nursing home, you expect them to receive a professional level of care and attention. However, if you discovered they were abused by medical personal at the facility, you may be wondering you could do to hold negligent parties accountable. After taking your family member out of the home and notifying the authorities, you may want to pursue this person’s rights in court.
With the help of an experienced abuse lawyer, you could discuss every step of the Phoenix nursing home abuse trial process. An experienced injury attorney could help you file a claim and pursue damages against the party that abused your loved one.
To begin the trial process for a Phoenix nursing home abuse case, an individual must first file a claim in court. A plaintiff must keep in mind that they only have a limited amount of time to do so. The statute of limitations under Arizona Revised Statutes §12-502 determines that a plaintiff has two years to file a lawsuit for abuse to an assisted living resident.
Should a claim be brought after this statutory deadline has expired, the defense would likely submit a “motion to dismiss” that the court often grants. A seasoned lawyer could help the plaintiff avoid missing this, and other applicable deadlines, to ensure that their case is heard.
Once at the trial, there are several legal elements to a claim that the plaintiff has the burden to prove. Typically, in a personal injury case, the plaintiff must prove that the defendant was negligent. This is proved by establishing the presence of four elements:
At this point in the nursing home abuse trial process, a Phoenix court determines whether the defendant did in-fact act negligently. In some cases, a court determines the defendant behaved recklessly or intentionally.
After establishing a defendant acted negligently, the next step is to pursue damages. The term “damages” refers to the legal concept of making the plaintiff whole through financial compensation.
Nursing home abuse presents in many different forms, including physical, psychological, or financial. Recovery could include the actual out-of-pocket medical expenses that resulted from the injury, the costs of ongoing psychological trauma, and in some cases, additional punitive damages.
If you are considering bringing a lawsuit on behalf of an elderly family member, you should contact an attorney to discuss the Phoenix nursing home trial abuse process. When you are facing the decision to file a claim, it is important to understand the details of the process, time commitment, and cost. Contact a lawyer today to discuss the details of your case and gain a better understanding of the best options for you going forward.