Americans pay tens of thousands of dollars or more to nursing homes with the expectation that their loved ones will receive proper care. While most residential care facilities take this responsibility seriously, some are primarily focused on making money, often at the expense of their residents' well-being, which can lead to neglect or even abuse.
Although laws allow injured victims or their family members to sue nursing homes for negligent care or physical and emotional harm, the path to financial recovery is often long and filled with challenges. Fortunately, Tom Fowler Law is here to help. We have extensive experience handling elder abuse cases in Des Moines, Iowa, and are dedicated to fighting for the rights of affected parties.
Contact Tom Fowler Law and our reputable nursing home abuse attorneys to protect your loved ones and ensure they get the compensation they deserve. They can also assist with guidance on who pays for a work injury in Iowa.
Understanding Nursing Home Abuse
Nursing home abuse can happen at the hands of doctors, facility staff members, other residents, and third-party individuals. Many different types of abuse can occur at these residential care facilities, some of which include the following:
Physical abuse
Sexual assault
Emotional abuse
Financial abuse
Neglect
Abandonment
Self-neglect
Signs of Nursing Home Abuse
This is why family members or loved ones need to understand the different signs of abuse so that they can take the right steps.
There are many different symptoms that family and friends of nursing home residents should be on the lookout for. These may include the following:
Bandages and unexplained bruises
Open wounds and bed sores
Burns and abrasions
Poor hygiene
Sudden weight loss
Marks around the neck, wrists, and other body parts
Unusual behavior
Unexplained STDs or bruising around genital areas
Dehydration
Lack of medical care
Whether it's physical abuse or neglect at a nursing home, it can lead to serious injuries and, in worse cases, even wrongful death. Affected residents, family members, and friends must understand the different types of abuse so they can recognize when it occurs and take immediate steps to prevent further harm.
What Should Victims Do Following Nursing Home Abuse in Iowa?
When a family member or friend suspects elder abuse at a nursing home, they must make sure that their loved one is safe by removing them from the facility. After ensuring the victim's safety, the affected party must file a report with the Iowa Department of Inspections and Appeals (IDIA).
While the victim or their loved one waits for the IDIA to complete its investigation into the case, they must reach out to an experienced nursing home elder abuse attorney, as they may be eligible to file a claim.
Who Pays for Nursing Home Abuse in Iowa?
Nursing home residents or their loved ones can bring a civil action against the nursing home for neglect or abuse. When an affected party files a lawsuit, they initiate the legal process and take the first step towards making a financial recovery.
In the United States, most nursing homes carry insurance policies to protect their residents and themselves. Injured nursing home abuse victims can file lawsuits against relevant insurers to obtain compensation for the injuries caused at such residential care facilities.
When an insurance company receives a nursing home abuse claim, it'll assign it to an adjuster, who will investigate the incident to determine liability. In most cases, they will try to find dirt or evidence to reduce or deny payouts.
It's essential for the injured victim or their loved ones to build a strong case, provide evidence to counteract the insurance company's arguments, and negotiate a fair compensation amount.
Unfortunately, most insurers coerce affected parties into accepting a lower settlement offer, which is why it's crucial to work with an experienced nursing home abuse attorney.
Another thing to remember is that some Iowa nursing homes may not carry the right type of insurance policies. While this can limit the injured victim's legal options, it doesn't bar them from pursuing damages. The affected party may be able to bring a lawsuit against the negligent nursing home or its owner instead of its insurer.
Although insurance companies pay for the damages caused at Iowa nursing homes, it's essential to understand that abuse can occur at the hands of other residents as well. Determining liability can be challenging in such cases, as the nursing home may be partially liable for lack of monitoring or security.
How Much Settlement Can a Nursing Home Abuse Victim Expect?
Since most nursing home abuse claims are resolved outside of the courts, it is difficult to calculate the average amount due to confidential settlements.
Fortunately, an injury attorney in Des Moines can investigate the facts surrounding the case and accurately estimate the damages an injured victim can expect. This can help determine whether pursuing civil action is worth the time, effort, and financial resources.
Certain factors can influence settlements in nursing home abuse cases, and these include the following:
Extent of the injuries
Negligence level
The available assets and financial situation of the nursing home
Past settlements and precedents
Strength of the evidence available
Every nursing home abuse case is unique. For example, the court may award a sexual abuse victim greater damages than nursing home residents who are facing financial fraud.
Navigating the Nursing Home Settlement Process
Since most nursing home abuse cases end up in an out-of-court settlement, it's important for affected parties to work with an experienced personal injury attorney for a smooth negotiation process.
After filing a claim, both sides can present their arguments, backed by strong evidence, to support their positions. Medical records, witness testimonies, and expert opinions can play a crucial role in deciding the outcome of the claim or lawsuit.
During the negotiation process, the insurance company will dig up evidence to reduce the nursing home's liability. The injured victim's attorney must be ready to combat the defendant's arguments and represent their client to the best of their abilities.
Once both parties agree on a settlement amount, the defendant and its insurance company will draft an agreement, making the entire outcome of the negotiation process legally binding.
On the other hand, a disagreement may lead to a trial, further prolonging the legal process.
Why Should Victims Work with Experienced Iowa Nursing Home Abuse Attorneys?
There are many reasons why injured victims or their loved ones should work with an experienced Iowa nursing home abuse attorney, some of which include the following:
Sometimes, it can be challenging to remove the injured victim from a nursing home without causing a scene. A reputable attorney can ensure the elder's well-being by guiding you to the right authorities and taking the necessary steps.
A skilled lawyer knows how abuse occurs in a nursing home setting. They may quickly be able to gather the evidence needed to build a strong case.
The damages available in an Iowa nursing home abuse case depend on the extent of injuries suffered, among other factors. An experienced attorney can reach out to medical experts and other skilled professionals to determine the total economic and non-economic losses incurred and accurately assess the case's value.
A nursing home abuse lawyer can protect the victim's rights and negotiate a fair settlement.
Work with a Top-rated Des Moines Nursing Home Abuse Attorney for Justice and Compensation!
Abuse or neglect can lead to serious physical, emotional, sexual, and financial harm to the nursing home residents. By pursuing a claim or lawsuit, family members can protect their loved ones and hold the assisted living facility responsible, ensuring that such incidents don't happen again.
If you or someone you love is facing elder abuse in Des Moines, Iowa, call us to schedule a free consultation with a five-star rated nursing home abuse attorney and learn more about how we can help you seek justice and compensation!
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