The Parts of a Nursing Home Abuse and Neglect Lawsuit

Attorney visiting client in nursing home who is dealing with abuse and neglect.

When a loved one is a victim of nursing home abuse and neglect, it can be difficult to know where to turn. Anger, confusion, and sadness are just a few of the emotions commonly experienced by the families of nursing home abuse and neglect victims upon discovering a loved one’s mistreatment at the hands of a nursing home. Luckily, if your loved one is a victim of nursing home abuse and neglect in West Virginia, you are entitled to file a nursing home abuse and neglect lawsuit. Below is an overview of the parts of a nursing home abuse and neglect lawsuit. For additional information, please contact a  West Virginia nursing home abuse and neglect attorney

The Claim

A nursing home abuse and neglect lawsuit begins with the claim itself. This must be filed in court to begin the legal process. The nursing home abuse and neglect claim: 

  • Lists the victim and defendant,
  • Includes details about the abuse, and
  • Lists potential damages.

In order to succeed with a nursing home abuse and neglect lawsuit, a West Virginia nursing home abuse and neglect attorney must demonstrate the following:

  • The victim was a resident at the nursing home,
  • The nursing home failed to properly care for the victim, and
  • The lack of care resulted in the victim’s injuries.

The Process

The nursing home abuse and neglect lawsuit process is complicated and consists of many phases, including: 

  • Investigation – During the first phase of your lawsuit, your attorney will investigate your case. This usually involves collecting witness statements, medical records, pictures of injuries, and consulting with experts.
  • Discovery – During discovery, both parties request information from one another that is relevant to the lawsuit. 
  • Pre-trial preparation – During the pre-trial preparation process, the attorneys for both sides of the lawsuit determine their strategies. Information received during discovery plays a big part in the direction each party will take. 
  • Trial – Finally, if a nursing home abuse and neglect lawsuit doesn’t settle earlier in the process, the case will proceed to trial. At trial, witnesses for the resident and witnesses for the nursing home testify before a judge and jury. 

West Virginia Nursing Home Abuse and Neglect Lawyer 

If your loved one is a victim of nursing home abuse and neglect, you need an experienced  West Virginia nursing home abuse and neglect attorney in your corner. At Hewitt & Salvatore, we will use our considerable skills and knowledge to help you and your loved one obtain the compensation you deserve. Our experienced nursing home abuse and neglect attorneys, Greg Hewitt and Anthony Salvatore, will work hard to ensure that the nursing home is held accountable, all abusers are punished, and your loved one is financially compensated for the harm he or she has endured. Please contact us as soon as possible for a consultation.

Posted in: Nursing Home Abuse and Neglect