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Questions and Answers
1. What is a nursing home case?
A nursing home case or lawsuit is your
claim against a New Jersey or Florida nursing home for resident injuries
at a nursing home. This claim must be brought by filing a lawsuit in a
court of law in your state naming the facility and staff as defendants
as supported by expert opinions.
2. What is nursing home injury or
death?
Nursing home injury or death is harm at a
nursing home caused by falls, bedsores, improper feeding or provision of
water, physical or mental abuse, medical neglect or medical malpractice,
understaffing or failed monitoring, poor safety or security, or ignoring
dementia or Alzheimer's.
3. What law applies to nursing home
cases?
Nursing home law derives from federal
(U.S.) and state (Florida or New Jersey) statutes (laws) and regulations
(rules) that set requirements for resident's rights (Bill of Rights) or
protocols that must be adhered to by the nursing home, its
administration, and its nursing staff. Other rules are set forth by CMS
(Centers for Medicare & Medicaid Services, Federal).
4. What happens during a nursing
home case?
During a nursing home case, a complaint is
filed to begin the lawsuit, and then there is a period for discovery, or
gathering and exchange of information. Out of court testimony is taken
during a deposition. The case may proceed to mediation in an attempt to
reach a settlement. If your case does not settle, your attorneys will
prepare for a jury trial in court.
5. How long do I have to bring my
lawsuit?
Every lawsuit is governed by a Statute of
Limitations, or time limit within which a lawsuit must be brought. In
New Jersey and Florida that time limit is generally two (2) years which
calculated from the date of the harmful incident, the date it was
discovered, or the date the person died, where applicable. Consult an
attorney immediately to determine your lawsuit deadline.
6. What types of damages can I
collect?
There are generally three types of damages
available in a Florida or New Jersey nursing home lawsuit: economic
(such as medical and nursing bills, and funeral costs), non-economic
pain and suffering damages to the resident and possibly family members,
and punitive damages (if the nursing home's conduct is wanton or
reckless, designed to punish the facility).
7. How does my attorney get paid?
Your lawyer generally gets paid according
to a contract called a contingency fee agreement. A contingent fee means
that your attorney only gets paid if and when your lawsuit is
successful. He also may recover all costs and expenses advanced to
prepare your case for trial. Sometimes, the other side (the defense)
must pay your attorney when your case is won.
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