If the staff at a Houston nursing home abused you or someone you love, you may feel confused or scared about the next step to take. If the injury resulted in medical bills, you may also worry about how your trauma will affect your financial status.
You are not alone, and you do not have to manage these concerns without help.
At D. Miller & Associates, PLLC™, our lawyers are passionate about your rights, and we will help you in holding the facility liable for their failure to maintain your safety or the safety of your loved one.
Our Nursing Home Abuse Lawyers Serving Houston Can Help You Recover Damages from the Facility for Your Injuries or Loss
When you choose a nursing home for yourself or a loved one, you expect the staff to do everything it can to prevent harmful situations from taking place. Unfortunately, nursing home residents still suffer abuse at alarming rates, and the effects can be serious or even fatal.
Nursing homes have a responsibility to ensure the well-being of residents. The Nursing Home Reform Act of 1987 mandates the safety of residents under federal law, stating that all residents are entitled to receive care that maintains or improves their physical and mental health. They have a right to live free from any form of abuse. If a facility fails to make certain of this, it could face legal action.
Our lawyers can help you with your nursing home abuse case by investigating the circumstances to determine if you may qualify for financial recovery. If so, we will take every step necessary to fight for a fair settlement for you.
We Will Gather Evidence to Prove Negligence in Your Case
To pursue financial recovery for you, we must first piece together the facts of the case. We can do this by gathering evidence that confirms what happened before, during, and after the abuse, which will help us create a timeline of events and build a case for you. Some of the types of evidence we may use include:
- Surveillance camera footage
- Resident files and charts
- Facility schedules and staffing records
- Medical records
- History of complaints against the facility
- Expert witness testimony
- Witness statements
These and other items can help your nursing home abuse lawyer serving Houston disprove any inaccurate claims made by facility staff in your case.
We Will Establish the Liability of the Nursing Home
The evidence we gather will also serve as our foundation for establishing negligence in your case. When a person acts in a negligent manner, they fail to act as another reasonable person would in the same circumstances. This is especially true of medical and care professionals, who must abide by certain standards for employment, certification, and licensure.
The nursing home, by law, has a duty to you or your loved one, and we can use the information we collect to prove that the facility’s staff breached that duty of care by acting maliciously or by failing to act when necessary to prevent harm from occurring. As a result, you or your loved one suffered a serious or fatal injury that led to your damages.
We Will Get Started on Your Case Before You Run Out of Time to File Your Case
Texas law establishes a time limit, known as a statute of limitations, during which a person can file a nursing home abuse lawsuit. In most cases, victims can file a personal injury lawsuit against the facility within two years of the date the abuse began, and families can file wrongful death lawsuits for up to two years from the date of the victim’s passing.
Determining when the statute of limitation begins can be difficult, but our lawyers can help you calculate how much time you have left to file your claim and, if possible, get started on it right away so that you do not miss your deadline.
We Will Pursue Financial Recovery for You
The types of financial recovery victims of nursing home abuse and their families receive depend on the case, as each has different circumstances and outcomes.
In many cases, victims can receive awards for medical expenses related to the injury, and families of deceased victims can receive recovery for medical bills and the cost of a funeral and burial.
Insurance companies do not act in the best interest of the victim, especially in complex cases that may result in large settlements. If you have attempted to manage your claim yourself and an adjuster offered you a settlement, you have a right to reject the offer and connect with our lawyer who can help you pursue adequate financial recovery.
We Will Provide You with Legal Support Through the Entire Process
There is no standard time frame for how long a nursing home claim takes. Some settle after a few weeks, while others take several months. While we cannot tell you exactly how long it will take to settle your case, we think fighting hard for every dollar you deserve, even if it takes longer, is worth it.
You will never be alone at any point during the process. Our nursing home abuse lawyer serving Houston and their team will keep you updated on the progress of your case and address any concerns you have as they come up.
Call the legal team at D. Miller & Associates, PLLC™, today to take the next step in your case.
Contact D. Miller & Associates, PLLC™, Right Away for Help
Nursing home residents have a right to be treated with dignity and respect, and we believe in holding facilities that fail to provide residents with adequate care accountable for the injuries that result.
If you suffered injuries or lost a loved one due to nursing home abuse, contact D. Miller & Associates, PLLC™, today for a case evaluation with our legal team.