If you’ve been a victim of nursing home neglect in Arkansas, you may have a claim for damages. Neglect can be defined as a failure to provide the care needed to maintain the health and well-being of your loved one.
The law gives you the opportunity to file a lawsuit against the responsible party. This is generally the nursing home or its administrator. But, how do you go about filing?
Hiring an attorney with experience in nursing home neglect in Arkansas is the best way to start. Your lawyer can help you gather evidence to support your case and provide guidance throughout the process.
Notify Your Complaining Witness
Your first step is to let your complaining witness know that you’re planning to file a lawsuit against the nursing home. You may have already spoken with them or you might be planning on doing so soon. The important thing is to let them know that you’re planning on pursuing a lawsuit.
They may have complaints of their own, and they may be uncomfortable with the idea of filing a lawsuit without first talking to you first. If they aren’t comfortable with filing a lawsuit, they may want to try to resolve the issue with the nursing home.
Investigating The Claim To Make Sure It’s Valid
You’ll need to investigate the circumstances surrounding your claim to make sure you can prove your case. The more information you have, the better your case will be. It’s important to gather as much information as possible so that you can show the court that you have evidence that the nursing home failed to meet its legal obligations.
You’ll want to make sure that you’re not only able to prove that the nursing home neglected your loved one, but that it was negligent. The nursing home may have been negligent if it failed to provide proper care for its loved one.
Before filing a lawsuit, be sure to determine what you’re seeking in damages. Your court will likely set a schedule for damages, which will incorporate medical expenses and lost wages.
Nursing homes are required by law to provide care to their residents at no cost. However, that doesn’t mean that they can’t charge for certain services, such as meals or room and board. If you can show that your loved one has suffered physical injury or emotional distress because of the negligence of the nursing home, you can seek compensation for those expenses.
In truth, part of the abuse may incur during things like the exchange of food, water, and other nutritional necessities. The food could be deliberately contaminated and cause illness, and the resident may not be able to communicate their needs due to a lack of language skills or cognitive impairment.
Researching And Hiring An Attorney
You’ll need to hire an attorney if you plan on filing a lawsuit in Arkansas. This will allow you to focus on your case instead of worrying about legal procedures and making sure you stay in compliance with the law. You’ll want to find an attorney who specializes in nursing home neglect cases.
Filing An Official Complaint
You’ll need to file an official complaint with Arkansas’s Department of Health if you plan on filing a lawsuit against a nursing home. A complaint is a legal document that outlines your claims against the nursing home.
The board will then make a determination on whether or not the nursing home violated the law and if it will pursue the matter in court or settle it out of court. If it decides to pursue the matter in court, it will file an official complaint against the nursing home with the court, and it will also publish a notice of hearing in local newspapers in order to notify responsible parties of the complaint. This will allow them an opportunity to respond to your claim before a judge.
Serving The Responsible Party With The Claim
The responsible party will have an opportunity to respond if they are named in your complaint and if they are served with your official complaint by certified mail or by publication in a newspaper. If they do not respond, the judge will issue an order dismissing them from the case unless they successfully defend themselves against your claim. If they do not respond, the judge will issue an order dismissing them from the case unless they successfully defend themselves against your claim.
Your Attorney Will Begin Negotiations
Your attorney will begin negotiations with the responsible party regarding your claim. Negotiations can take place either at mediation or at trial court proceedings. If mediation is chosen, both parties will be represented by attorneys and all claims will be presented in a formal manner in front of a mediator who will assist in settling the dispute out of court after all evidence has been presented. If trial court proceedings are chosen, both parties will be represented by attorneys and all claims will be presented in front of a judge who will decide on a verdict after all evidence has been presented.
Filing a lawsuit for nursing home neglect in Arkansas is an option available under certain circumstances. The process begins by notifying your complaining witness so that they can decide if they wish to pursue their own claim against the responsible party after first talking with you about filing a lawsuit against them. You should also investigate your claim thoroughly before filing so that you have solid evidence of what happened and what damages were suffered as a result of it.