Finding out that your elderly parent is being abused where they live is never easy. Whether they reside in a nursing home or an assisted living facility, they are entitled to adequate care that is free from any type of abuse (physical, financial, psychological, etc.). The experienced Philadelphia nursing home abuse attorneys from Kwartler Manus, LLC can help you determine the legal options available when faced with nursing home abuse.
A lawsuit is your best option
If you have witnessed your loved one suffer any type of abuse at the hands of their caregiver, a lawsuit is your best option. Even if you did not witness the abuse firsthand and you have evidence of the abuse, a lawsuit can help you receive compensation for your loved one. Aside from compensation, you can hold the offending parties accountable for their actions.
In addition to or in lieu of a lawsuit, you can also file a police report about the abuse. This can lead to an investigation of the facility where your loved one resides. You can take it one step further by reporting the facility to your local Adult Protective Services organization.
Reasons why you should file a lawsuit
The reasons why you should file a lawsuit on behalf of your loved one include the following:
- Your loved one suffered neglect, injuries, or another type of abuse at a nursing home
- Your loved one suffered permanent or long-term disability because of their injuries
- Your loved one or you face additional expenses for medical care as a result of the injuries
- Your loved one lost their life because of the injuries suffered in the nursing home
The statute of limitations in Pennsylvania
Pennsylvania has a statute of limitations in place for filing lawsuits related to personal injury such as nursing home abuse. You have two years from the date of the injury to file a lawsuit. If you miss the deadline your case will most likely be thrown out by the court. There are some exceptions where the court might extend the statute of limitations deadline and these exceptions include the following:
- The abused suffered a permanent disability or mental incapacity that prevented them from filing a lawsuit by the deadline
- The injury did not present itself right away, which means the statute of limitations does not take effect until the abused discovers the injury
- If the defendant purposefully misrepresented themselves or evidence or fraudulently concealed evidence pertaining to the case
How can a nursing home abuse attorney help me?
When trying to protect the rights of a loved one abused in a nursing home, an attorney can help with the following:
- Collect pertinent information (medical records, photographs, statements from witnesses, citations issued against the nursing home)
- File a lawsuit with the appropriate court
- Explain the federal and state laws that protect your loved one
- Prepare for the discovery phase
- Negotiate a settlement with the defendant
- Represent you in court if a settlement cannot be reached
- File an appeal if you did not receive the desired verdict
Nursing Home Abuse Should Never be Ignored. Call Kwartler Manus Today
The compassionate and experienced team of nursing home abuse attorneys from Kwartler Manus, LLC is here to answer all of your questions. We will examine your loved one’s situation and provide an honest assessment as to your legal options. Contact us online or call our office at (267) 457-5570 to schedule a free consultation.