Building a Nursing Home Abuse Claim? Don’t Make These Mistakes

October 5, 2021
old person

If you’re planning on taking action against a long-term care facility for mistreating your loved one, there’s a lot at stake. As such, it’s wise to turn to a knowledgeable attorney for guidance.

In addition to helping you navigate the proceedings, a seasoned nursing home abuse lawyer will keep you from making critical missteps along the way. After all, even the strongest claim with the most irrefutable evidence can come crumbling down if the plaintiff makes a dire mistake at any stage.

Let’s take a look at some of the most common missteps that claimants make so you know what not to do:

1. Letting the Facility Handle the Investigation

As soon as nursing home administrators learn a family suspects abuse, they’re typically inclined to reach out and offer to conduct an internal investigation. While they might seem helpful and sympathetic, it’s important to remember that their primary goal is to protect their bottom line, not to help you achieve justice.

In other words, you may not be able to stop them from conducting their own investigation, but you shouldn’t rely on them to contribute to your claim along the way. Instead, you should hire your own legal counsel to gather evidence on your behalf and ultimately advocate for your family’s best interests at every stage of the proceedings.

2. Posting About the Situation on Social Media

Before you turn to your friends and followers online for advice, consider the potential ramifications of putting anything in writing. Even seemingly innocuous posts that you’re certain will only bolster your case could end up hurting your credibility if they’re misinterpreted.

Generally speaking, personal injury attorneys advise clients to stay off social media altogether until their claims are resolved. If disabling your accounts is not an option, at least make sure to engage the strictest privacy settings and to avoid publishing anything about the suspected abuse or the ongoing case.

3. Accepting the Facility’s First Offer

If the facility jumps at the chance to settle, it’s probably a sign that you have a strong claim. In most cases, nursing home administrators are only motivated to settle when they realize going to court is unlikely to end with an outcome in their favor.

That doesn’t mean, however, that they’re going to offer a fair payout on day one of the negotiations. They still want to protect their bottom line, after all.

In other words, it may be tempting to accept the first cash offer you receive, especially if it seems like enough to ensure quality care for the victim, but doing so could result in leaving money on the table.

Speak with a South Carolina Nursing Home Abuse Lawyer 

To see if your family has grounds for action against a long-term care facility, turn to Hodge & Langley Law Firm. Our compassionate team has more than 50 years of collective experience in the legal field. Call 864-585-3873 or complete our Online Contact Form to set up a free case review with a nursing home abuse attorney in South Carolina.



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