You choose to have your loved one stay at a nursing home because you cannot give them the time and attention they need. Unfortunately, nursing homes end up treating their residents with the cold indifference that makes their lives more miserable than comfortable. As many as 5,000,000 nursing home residents report abuse every year.
Indiana has 546 nursing homes across the state, of which about 20 of them received a full rating. That said, not everyone can afford the top-ranked nursing homes, and you may have to settle for something less.
You may end up in a situation where your loved one is being subjected to neglect and abuse. This calls for an Indiana injury lawyer to resolve the issue and get rightful compensation for your distress. Let’s understand how you can find the right lawyer to deal with this matter.
Statute of Limitations
Any personal injury legal action in Indiana needs to be taken within the timelines prescribed by the Indiana Code section 34-11-2-4. The code spells out a deadline of two years to file a lawsuit for personal injury. This is in the form of a civil remedy (damages).
You need to make sure that you file the lawsuit within two years from the last incident. In case you miss the deadline, you may try to file the case, but unless there are exceptional circumstances, the motion will be denied.
Find a Lawyer with Experience
Personal injury cases can be tricky. This is specifically true if your loved one has a failing memory. The defendant will try to twist facts in their favor and try to discredit the testimony given by a resident. A lawyer with experience in personal injury will know how to work in such a situation. They will build a solid case based on undeniable facts.
Indiana has about 32% of nursing facilities with serious charges of violations and shortfalls in care for patients. The state also has highly experienced lawyers to handle personal injury claims.
Deals with a Spectrum of Abuse and Neglect
Abuse and neglect are often used synonymously but are distinct in their legal definition. Abuse is a malicious act, carried out intentionally against the resident, while neglect is inattentiveness or incompetence (unintentional) that leads to injury.
When hiring an Indiana injury lawyer, make sure that they can handle various abuse and neglect issues. The patient may have experienced more than one form of abuse or neglect, and you will want to cover them all in your lawsuit.
Some of the most common forms of abuse and neglect are physical, sexual, emotional, financial, and medical. The abuse has become so prevalent that many people opt for Indiana’s CHOICE program, which allows seniors to receive care at home.
Is Compassionate and Empathetic
During difficult times, the last thing you’d want is for someone to judge you for putting your loved one in a care facility. You need an experienced lawyer who fully understands the circumstances and works with you to get what you rightfully deserve.
When you consult a personal injury lawyer who is compassionate and empathetic, you know you are in the right place. Without understanding your situation, they will not be able to represent you fairly.
Up Front Fee vs. Post Trial Fee
Lawyers usually start charging you from the first consultation. However, in recent times, many Indiana injury lawyers claim that they will not charge you a dime unless you receive fair compensation for your hardships. So, if you cannot afford the expensive upfront fee, you can opt for the second option.
Lawyer Well-Versed With the NHRA
The Nursing Home Reform Act or NHRA, was passed by Congress in 1987 to guide nursing home residents’ rights. You should ensure that the lawyer you hire is proficient in its provisions. This will ensure that you are guided appropriately on the various violations of the nursing home. It is an excellent idea to brush up on the provision of the Act too. It gives you grounds to pick the right lawyer for your case.
Nursing homes in Indiana have received five-star ratings, but at the other end of the spectrum are homes that fall short of basic expectations. With the right Indiana injury lawyer, you can be assured that if your loved one has experienced abuse or neglect, and they are rightly compensated. Do your research and look for an attorney with ample experience to offer the right solutions.