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What to Expect in a Nursing Home Abuse or Neglect Case

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Making the decision to hire a lawyer to pursue a claim against a nursing home or assisted living facility can be difficult, and you may be unsure what to expect. Each case is different, and the value of each case depends on many different factors. This is why it is important to contact an experienced attorney who can help you navigate these processes. 

Flora Templeton Stuart Accident Injury Lawyers have decades of experience assisting clients with nursing home abuse and neglect cases and working to ensure our clients get fair compensation for their injuries or the injuries of their loved ones.  


When Should You Contact A Lawyer? 

If you or your loved one has experienced nursing home neglect or abuse, it is critical that you act immediately. Do not dismiss your concerns and don’t accept the nursing home’s explanation that a condition was unavoidable. 

The statute of limitations varies from state to state, but in Kentucky and Tennessee, you have one year from the date of the abuse or neglect to file your claim. But you should not wait that long. A timely investigation into the abuse or neglect is critical to a successful claim. 


How We Can Help You Get The Damages You Or A Loved One Deserve 

Initial Consultation and Case Evaluation  

  • Your case will begin with an initial consultation. Our firm offers free consultations, during which we will gather information about your loved one’s injury and what happened to cause the injury. 
  • After the consultation, we will determine whether we can accept your case. If so, we will work promptly to gather additional, detailed information from you to begin our investigation.  

Claim Investigation 

Before we file a lawsuit, we will thoroughly investigate your claim. This includes, but is not limited to:

  • Obtaining the patient’s file
  • Requesting medical records, facility records, and accident reports
  • Contacting available witnesses to obtain statements and information regarding your claim
  • Retaining a respected medical expert to review your case and determine whether your loved one’s injury was caused by abuse or neglect
  • The more evidence you can gather prior to or during our investigation, such as photographs, names of potential witnesses, and dates of injury, the better and quicker we will be able to investigate the claim, and the stronger your chance of a satisfactory settlement or judgment.  

Filing a Lawsuit 

  • If we, along with the medical expert, determine that an injury was caused by abuse or neglect at the nursing home or assisted living facility where your loved one resided, we will begin preparing a lawsuit to file with the court in the county where the facility is located. 

Discovery Stage 

  • During the discovery stage, each side will submit questions and requests for documents, and depose relevant witnesses. 
  • No two cases are alike during the discovery stage of a lawsuit. 

Settlement Negotiations and Mediation 

Many nursing home abuse and neglect cases are settled before trial. The compensation you receive will come from either a settlement or a judgment following a trial.  

The value of your case will depend on many factors, including: 

  • The extent of the injuries 
  • The level of pain and suffering of the victim 
  • The strength of the investigation and evidence 
  • Whether gross negligence is involved 
  • Whether insurance is involved  


If we are unable to obtain a fair and reasonable settlement during the negotiations and mediation stage, your case will proceed to trial.  

This process might look overwhelming and could be lengthy depending on the complexity of your case. Flora Templeton Stuart Accident Injury Lawyers can assist you every step of the way.  We put our decades of experience to work. and are not afraid to go up against large nursing home corporations to get you the settlement that you and your loved one deserve. 


Call us today at (888) 782-9090 or contact us online for a free consultation. Our lines are open 24/7. 

Author Photo

Flora Templeton Stuart

Flora Templeton Stuart is the lead attorney and founder of the law firm Flora Templeton Stuart Accident Injury Lawyers, established in 1976. She is a nationally recognized personal injury lawyer with over 40 years of experience. Her story has been featured on Fox, The New York Times, ABC, Time, and NBC.