Written by attorney Jeffrey H. Rasansky

Getting Ready to Sue for Nursing Home Abuse

Your lawyer will be there to help you at every stage once your case goes to court. Before you even have a case against a nursing home put together, however, you can usually help to speed things along by taking care of a few things.

1: Get All the Documentation You Have

Anything can help a case, so get all the documents you have related to the care that you or your family member received at the nursing home. Your attorney will request specific information, but it's good to get whatever you have together, first, so that it's easier to find when your attorney asks you for documentation.

2: Make Sure You Only Talk to Your Attorney

If you haven't decided for sure what you want to do, don't talk to the people you're considering filing a lawsuit against. You might end up making things harder for yourself when you do decide to sue. Talk to a lawyer for nursing home abuse before you speak with anyone from the nursing home or any of their representatives about the fact that you're considering suing.

3: Remember Not to Take a Check

The nursing home, in some cases, may have an idea that you're thinking about suing—or they may just figure that they would if they were in your situation—and might try to hand you a check. This is to get rid of you. Make sure you at least consult with an attorney before you take such a check. The attorney may know something about your situation that you don't, that the other party does and that the other party would not tell you. Whatever they know may lead them to believe that you'd win a lawsuit against them.

4: Remember Contingency

Contingency agreements are one of your options if you're working with an attorney. They're great arrangements for clients. When you hire a law firm under such an agreement, the nursing home abuse attorneys will not charge you unless they win. This allows you to work with them with the knowledge that they're not just trying to get attorney's fees out of you. If they don't feel that your case is likely to win, they won't take it under one of these agreements, for obvious reasons. No matter how much money you have, you can afford to hire an attorney under these agreements and you can start on your case as soon as the attorney determines whether or not they think they can help you.

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