Biloxi Nursing Home Abuse Lawyer
The decision to place a loved one in a care facility is often difficult. However, once the choice is made, we hope that the staff and medical care practitioners will be respectful, and follow the safety rules that are designed to protect our loved ones from injury or untimely death.
Unfortunately, injuries or deaths in nursing facilities could occur for any number of reasons, including neglect or maltreatment by staff or abuse from other residents. Furthermore, inexperience or a lack of training may cause a resident to suffer injuries.
If a loved one unexpectedly dies while in a nursing home, or if you suspect your loved one was injured or mistreated within a nursing home facility, you might be worried and unsure of how to proceed. A Biloxi nursing home abuse lawyer might be able to help. A well-versed personal injury attorney could explain your rights, gather evidence, and determine the validity of a claim.
Do Criminal Charges Impact a Civil Claim for Elderly Abuse?
Nursing home abuse can give rise to both an infraction of civil liability, and a violation of criminal law. Therefore, any person accused of neglecting their duty of care within a care facility might face both a civil lawsuit and a criminal charge.
Even if the parties responsible for maltreatment or abuse are charged with a crime, the abused individual (or his or her family member) must file a separate civil action to pursue compensation.
This civil suit is unrelated to any criminal offense leveled against a defendant. However, it is important to note that if a defendant is convicted of a criminal charge, a jury in a civil claim may be more likely to rule in favor of the plaintiff. A seasoned Biloxi nursing home abuse attorney could help a claimant to understand how criminal charges might impact their claim.
Determining the Value of a Nursing Home Neglect Claim
Many potential plaintiffs and their families often wonder what their case is worth. The value of each case is different, and is directly related to the types, extent and kinds of injuries and damages that a nursing home resident suffers from abuse.
For example, these damages may include such things as past and future medical bills, pain and suffering, loss of enjoyment of life, and mental anguish. Calculating these losses is often difficult, especially as a nursing home resident recovers from trauma. A compassionate Biloxi attorney could help to determine the full extent of all damages a claimant has a right to recover.
Time Limits for Filing a Nursing Home Abuse Lawsuit
It is important for a potential plaintiff and their family to understand the statute of limitations in Mississippi, which is the law that prohibits an injured person or his or her loved ones from pursuing a civil claim after a certain amount of time. Pursuant to Mississippi Code § 15-1-49, an injury or wrongful death claim on the basis of negligence by a nursing home or its workers must usually be filed within three years from the date of the incident. If the claim relates to care rendered by a medical professional, a two year statute of limitations may apply; while claims against governmental entities must be brought within one year.
While exceptions might exist to these deadlines, any victim of nursing home abuse or neglect looking to pursue compensation might benefit from the aid of a proactive nursing home abuse lawyer in Biloxi to fully understand all rights and available claims.
Call a Biloxi Nursing Home Abuse Attorney for Help
If your loved one was injured or died at the hands of negligent care staff, you might feel as though you have no legal recourse. However, a Biloxi nursing home abuse lawyer could explain your legal options and rights. By working with an experienced attorney, you could have help with gathering evidence and presenting a fair claim for compensation. Call a legal professional today for a free consultation.