Frequently Asked Questions

Will my case end up in court?

Not necessarily. We are prepared to fight in court if that is what it takes. Many times, we are able to negotiate a favorable settlement with the insurance company. But, when the insurance company will not take responsibility, it can be necessary to file suit and take your case to trial to hold them accountable. No matter what, we investigate what happened and build the strongest case possible. Whiteside Legal, PLLC will never file a lawsuit or accept a settlement without your authorization. We will keep you informed on the status of your case, provide you with information on all of your options throughout the legal process, and give you advice. We make recommendations so that you can make decisions about your case.

What is considered nursing home abuse and neglect?

Nursing home abuse and neglect refers to situations where a nursing home resident suffers harm, either intentionally or due to negligence, by the actions or inactions of the nursing home corporation, its staff members, or other residents. Abuse can be physical, emotional, sexual, or financial in nature, while neglect involves the failure to provide necessary care, leading to physical, emotional, or psychological harm. Some cases of nursing home abuse or neglect lead to the wrongful death of a nursing home resident. Examples of abuse and neglect include pressure injuries known as bedsores, avoidable falls, malnutrition and dehydration, improper medication administration, unsanitary conditions, failure to provide basic hygiene care, and failure to follow doctor’s orders leading to injury.

How can I identify signs of nursing home abuse or neglect in my loved one?

The signs of nursing home abuse or neglect can vary depending on the type of mistreatment. Physical abuse may result in unexplained bruises, cuts, or fractures. Signs of neglect may include poor hygiene, weight loss, bedsores also called pressure injuries, or infection. It is crucial to maintain regular communication with your loved one and their caregivers to monitor their wellbeing and report any suspicious signs to the nursing home management or appropriate authorities.

How can a nursing home abuse and neglect attorney help me?

A nursing home abuse and neglect attorney specializes in cases involving mistreatment of nursing home residents and has in-depth knowledge of the relevant laws and regulations. Their expertise can be invaluable in helping you navigate the complex legal process and protect your rights. They can assist you by investigating your elder abuse concerns to determine if your loved one was abused or neglected. If they were, an attorney can represent you in the legal process by drafting and filing legal documents, negotiating with insurance companies, and representing you in court if your case goes to trial. In your fight to make sure that no one else’s parent or family has to go through the trauma you’ve been through, an elder abuse attorney can tell your family’s story and help shine a light on the nursing home’s understaffing and failure to provide basic care.

What is the statute of limitations for a negligence or wrongful death case?

The statute of limitations is the deadline to file a lawsuit in court. Typically, the deadline is three years from the discovery of an injury or three years from the date of your loved one’s death. However, specific rules and exceptions may apply. It’s essential to consult with an attorney to understand the applicable statute of limitations and make sure your case is filed before that deadline.