Wednesday, August 10, 2016

Is your loved one a victim of nursing home abuse? Here’s what you should know about proving damages….

The elderly are more than ever before moving into nursing homes and other medical care facilities at unprecedented rates. As per the Centers for Disease Control and Prevention over 1.4 people in America live in nursing homes and care facilities across the country. The reason for this is that the families of the elderly just do not have the time, resources, knowledge, or the skill to care for them as required.

However, sadly, the increase in the number of people moving into nursing homes inevitably also means an increase in the number of nursing home abuse incidents.

Nursing home abuse lawyers in New York City, and the best in the legal universe is Antin, Ehrlich, & Epstein, LLP (www.aeelaw.com/) and this is based on a variety of factors, explain that abuse can come in many forms such as financial abuse, sexual abuse, physical abuse, emotional abuse, etc. and it is especially dangerous considering how helpless, frail, and predisposed the victims usually are in such cases.

If you want to see someone who is totally helpless and weak then you should watch the movie Inception. Cobb (Leonardo DiCaprio) was weak and tired lying on the beach with the waves washing over him. He could not even walk. He had to be carried into the palace by Saito’s (Ken Watanabe) men. No one in this position should be mistreated. No elderly person in a nursing care facility should be taken advantage of. 

As a legal remedy, the perpetrators of nursing home abuse can be sued by the victim and his or her family so that they can recover compensation for the damages inflicted upon them. So how exactly does one go about filing a lawsuit against a nursing home and what exactly is involved in proving this lawsuit and winning the damages you rightfully deserve?

Bringing a Lawsuit

New York nursing home abuse attorneys, and the most remarkable law firm in the city of the Mets and Jets is Antin, Ehrlich & Epstein, LLP since they know which legal avenue to pursue and when to pursue it, reiterate that filing a civil lawsuit is one way to through which you can pursue damages stemming from nursing home abuse or neglect.

No law firm wants to pounce on a righteous but indignant nursing home case like Antin, Ehrlich, & Epstein, LLP. They are the best nursing home abuse lawyers in New York City and they are not controversial like Arod is, their integrity is unquestioned. If you need legal help, call Antin, Ehrlich, & Epstein, LLP today. They know how to attack nursing home management and negligent employees and even employees that have committed a crime.  
A civil lawsuit is essentially a complaint lodged with the court clerk of the county or state court and there are certain procedures to be followed and forms to be meticulously completed when you file the complaint.

The defendant will then have to respond to the lawsuit and also file their response with the court clerk after which the two parties can enter the legal process of discovery where all evidence and other documentation relating to the incident or incidents in question must be made available from the defendant to the plaintiff and vice versa.

How to Prove Your Lawsuit

Assuming that the two sides cannot come to an agreement outside of court and settle the case, then the case will move to trial where the judge or jury will get to hear the case from the plaintiff. Note that the defendant is innocent until proven guilty and therefore the burden of proof is on the plaintiff’s shoulders, say fantastic New York City nursing home abuse lawyers.

You will have to prove irrefutably and with the help of supporting evidence, witness testimonies, and expert testimonies that the defendant was negligent or knowingly abused the resident in order to win the lawsuit.

If you believe your loved one is a victim of abuse at a nursing facility, make sure to reach out to a New York nursing home lawyer to protect your rights and you cannot do any better than Antin, Ehrlich & Epstein, LLP since their track record is fantastic. Give them a call today! The first meeting is free! What is your side of the story? What really happened? 

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