Q

Get a Free Consultation

(215) 985-0777

    Spam Filter:  

    Q
    Get a Free Consultation

      Spam Filter:  

      Evaluating Value in a Nursing Home Abuse Lawsuit in PA or NJ

      Updated March 1, 2016

      One of the most common questions individuals who are contemplating filing a nursing home abuse or neglect lawsuit in Pennsylvania or New Jersey want to know is whether it is worth it to seek justice and file a lawsuit. Oftentimes, family members are the ones who will bring the lawsuits, either on their own as the executor of an estate or on behalf of an incapacitated loved one.

      The reality is that the ultimate outcome in an injury and accident lawsuit in Pennsylvania or New Jersey is financial compensation. That’s the way the American civil justice system works. It rights wrongs by awarding financial compensation to the injured party.

      Courts simply don’t have the ability to enforce other methods or means of resolution. For instance, a court can’t enforce a settlement which requires a party to adopt changes to quality care protocols at a nursing home. Courts can, however, enforce monetary judgments. Accordingly, the question of whether you should file a nursing home injury lawsuit in PA or NJ is often determined by evaluating the value of the case and weighing the chance of success against the likelihood of failure. It is best to talk to a PA or NJ nursing home abuse lawyer who has the experience and legal expertise to evaluate a nursing home abuse or neglect case.

      There are two main issues which come into play when evaluating whether to bring an injury lawsuit like a nursing home injury lawsuit. First, the issue of liability is key. Second, it is important to determine whether the damages warrant filing a lawsuit.

      Liability in a Nursing Home Abuse & Neglect Lawsuit

      Liability or fault is probably the single most important issue in a nursing home injury lawsuit. Whether it’s an abuse case, a neglect case or an accident case, the injured party must prove that the nursing home was at fault. Depending on the type of case and nature of the wrongful act(s), there must be sufficient evidence of fault or liability, and this is where most cases stall. If the evidence of liability is weak, the case is weak. This affects the ultimate value of the case.

      Evidence can be either physical or testimonial. Physical evidence is tangible and includes medical records, internal company/corporate records, and pictures or video.  For example, if a nursing home resident is neglected due to inadequate staffing, human resources records and staff schedules will be important in establishing the number of employees working at any given shift and when the resident was injured.

      Testimonial evidence is just as important, but often requires skill at conducting investigation and depositions. Testimonial evidence is testimony of the parties and witnesses, if any.

      For instance, a family member of a neglected resident in a PA nursing home may testify as a witness to help prove their loved one’s pain and suffering. If the resident is not being fed or cared for, the resident may experience drastic weight loss. The resident may become withdrawn due to neglect. These are things that the family member can testify to in a deposition or at trial.

      Assessing Damages in a Nursing Home Abuse & Neglect Lawsuit

      Initially, when deciding whether to bring a lawsuit for nursing home abuse, neglect or injury, it is important to weigh the injury and damages against the costs of litigation. Litigation costs can be quite high, especially if the nursing home injury case requires an expert such as a medical expert. Litigation costs typically include costs to obtain medical records, court filing fees, and costs to conduct depositions. Because litigation costs can be quite high, it is important to consider whether the injury and damages are serious enough to warrant proceeding with the case.

      In some cases, even though liability is clear, the injury may not be serious enough to warrant proceeding with a nursing home injury lawsuit. For example, in a nursing home fall accident case which results in a sprained ankle that heals in a few weeks, the injuries would not be serious enough to warrant proceeding with a lawsuit.

      Nursing Home Abuse Lawyers in PA & NJ

      Namerow Law is passionate about fighting for the rights of injured individuals, including nursing home residents who are abused or neglected.

      Firm founder Jordan Namerow has been selected as a ““Top Rated Personal Injury – Plaintiff Attorney in Philadelphia, PA“ by Super Lawyers Magazine. Mr. Namerow has been selected as a rising star from 2013 to 2016. In addition, he has been selected as one of the “Top 40 Lawyers Under 40” by the American Society of Legal Advocates (ASLA).

      If you suspect that your loved one is being abused or suffering neglect in a nursing home in the Pennsylvania or New Jersey area, please call our office for a free consultation. Our nursing home abuse lawyers specialize in these kinds of cases. (215) 985-0777

      Disclaimer: This website does not create any attorney-client relationship or provide legal advice. Our lawyers provide legal advice only after accepting a case. It is imperative that any action taken is done on advice of counsel. Read full disclaimer below.

      Nursing home abuse and injury cases accepted in Philadelphia, Delaware County, Montgomery County, and throughout other parts of Pennsylvania and New Jersey.

      FREE CONSULTATIONS (215) 985-0777

      {

      You made the whole process so easy. Not once did I ever think you didn’t have my best interest in mind or even doubted the seriousness of my issue. I felt like I could email you to get an update at any point and you got back to me so quickly.

      {
      5
      L. F.
      {

      Jordan Namerow is a lawyer who goes above and beyond. I would highly recommend him to anyone seeking legal representation on a personal injury case.

      {
      5
      April G.
      {

      I had a fabulous experience using Jordan Namerow as my attorney. He was knowledgeable, personable, honest, responsive, and best of all, easy to talk to. 

      {
      5
      Tara D.
      {

      Jordan is a great lawyer. He is very efficient, loyal and supportive. I would recommend him to anyone. He gets the job done. 

      {
      5
      Terrance M.
      {

      Mr. Jordan Namerow a very good attorney, I would recommend him in a heart beat. The company is good, just good all around. Thank you.

      {
      5
      Kim O.
      {

      I really thank you for helping me with everything, best lawyer ever.

      {
      5
      Pablo D.

      Wrongful Death Claims in Pennsylvania Nursing Home Injury Lawsuits

      Nursing home resident injuries due to abuse, neglect or accidents are very common, and in some situations, the injuries lead to death. Surviving family members are often misinformed about their legal rights to pursue justice on behalf of their deceased loved ones. At...

      What to Expect After Calling a Nursing Home Abuse Lawyer (Pennsylvania)

      What To Expect After You Call a Nursing Home Abuse Lawyer (Pennsylvania) Watch the YouTube video here. What can you expect after you call a nursing home injury lawyer? "Once you've communicated with the attorneys, we will schedule an initial interview to evaluate...

      What to Do If You Suspect a Loved One is Being Abused or Neglected in a PA Nursing Home

      What to Do If You Suspect PA Nursing Home Abuse or Neglect Take the following steps if you suspect a loved one is being abused or neglected in a Pennsylvania nursing home. Call 911 or local law enforcement. Talk to the nursing home administrator or management. File a...

      Watching Over a Loved One in a Nursing Home in Pennsylvania

      Beware of Abuse & Neglect Nursing home abuse and neglect are major problems in this country, and because nursing home residents are often unable to speak up for themselves, these problems have only continued to grow. Having a loved one in a nursing home is often...

      The Federal Medicare Nursing Home Rating System – Nursing Home Compare

      The federal government’s Center for Medicare and Medicaid Services (CMS) provides a rating service for nursing homes around the country, including the Philadelphia area. Known as Nursing Home Compare, the program gives consumers the ability to compare information...