Can You Sue a Nursing Home for Neglect?

An older woman looks out of a window at a nursing home

Nursing home residents and their family members may be able to sue for neglect or abuse in order to hold a long-term care facility accountable for the harm a resident has experienced.

By filing a lawsuit for nursing home abuse, victims may be able to secure compensation and bring attention to issues within the facility, which may prompt changes to prevent other residents from suffering similar mistreatment.

Approximately 94% of nursing homes are understaffed, according to the American Health Care Association and National Center for Assisted Living.

Understaffing can lead to a rise in instances of neglect, but residents or their families may be able to get justice with the help of a compassionate nursing home attorney.

At Sokolove Law, we’ve secured over $273 Million for victims of nursing home abuse and neglect nationwide. See if we can use our resources and experience to help you sue a nursing home for negligence now.

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Can I Sue a Nursing Home for Negligence?

Entrusting the care of a loved one to a nursing home is a difficult decision, made with the expectation that they will receive the utmost care and attention. However, neglect or abuse occurs far too frequently in nursing homes, leaving many families devastated and seeking answers.

In these cases, the legal system may provide a pathway to justice. Residents and their loved ones may be able to work with a nursing home abuse law firm to sue a nursing home for negligence.

Nursing homes are legally obligated to provide care that ensures the safety and well-being of their residents. When they fail to meet this obligation, victims and their families can take legal action to seek compensation and hold the facility responsible.

Abuse in nursing homes refers to physical, mental, or emotional harm inflicted on residents. Neglect, on the other hand, involves a failure to provide adequate care and attention, which can lead to medical issues, substandard living conditions, or injuries due to inadequate supervision.

Injuries from nursing home negligence or abuse may include: 

  • Bedrail injuries
  • Bedsores
  • Broken bones from repeated falls
  • Concussions
  • Infections
  • Malnutrition or dehydration
  • Spinal injuries

Tragically, some nursing home abuse injuries may result in death. If your loved one passed away due to abuse or neglect in a care facility, you may be able to file a wrongful death lawsuit on their behalf.

The decision to pursue legal action against a nursing home for negligence or abuse is deeply personal, but seeking justice can provide families with a sense of closure. It may also potentially help prevent similar incidents from happening to others.

How to Prove Nursing Home Negligence

If you believe your loved one is experiencing nursing home neglect or abuse, it’s important to take immediate action in order to protect their safety and well-being.

Be aware of signs of nursing home abuse, like unexplained injuries, weight loss, or changes in mental status.

By documenting any concerning incidents and working with an experienced lawyer, you may be able to prove nursing home negligence and hold the facility accountable.

If you suspect nursing home neglect, you should: 

  • Immediately call 911 if your loved one’s life is in danger
  • Take photos or videos of any injuries or unsafe conditions
  • Get copies of medical records detailing your loved one’s condition
  • Report the abuse to Adult Protective Services or an ombudsman
  • Contact a nursing home abuse law firm for help holding the facility accountable for the harm they’ve caused

Some nursing homes may try to cover up instances of neglect or abuse, making it crucial to document evidence and seek legal help as soon as possible.

A New Mexico woman was awarded $54 Million after her mother passed away due to internal bleeding. She claimed the staff knew about her mother’s condition but failed to address it and threw away evidence in an attempt to cover up the incident.

You deserve justice if you or your loved one has suffered from nursing home neglect or abuse. Our firm can investigate what happened and gather the evidence needed to prove abuse or neglect took place.

Suing a Nursing Home for Negligence

Our nursing home abuse lawyers have the resources and experience needed to level the playing field against nursing home corporations and send a clear message that their misconduct will not be tolerated.

If you have a case, we can handle every step of the legal process for you and file a nursing home lawsuit on your behalf, so you can focus on your family during this difficult time.

Find out more about the steps to suing a nursing home for negligence below.

1. Contact Our Nursing Home Neglect Attorneys

At Sokolove Law, we offer free case reviews to see if you may be eligible to sue a nursing home for neglect.

Once you contact us, we’ll ask you about your situation and your loved one’s injuries while answering any questions you may have about your potential legal options.

2. We’ll Work to Prove Neglect or Negligence

Once we determine if you can sue for nursing home neglect, we’ll collect information to prove the nursing home’s negligence caused your loved one’s injuries.

Evidence to prove nursing home neglect may include: 

  • Medical records
  • Photos or videos
  • Witness testimonies

Even if you’re not entirely sure what happened, we can investigate the cause of your loved one’s injuries as we gather evidence for your case.

3. We’ll Sue the Nursing Home for Neglect

Nursing home neglect lawsuits are often filed against the facility for issues like understaffing, inadequate training, or failure to conduct proper background checks on employees.

These preventable issues are some of the main causes of injuries in nursing homes.

Our attorneys can file a nursing home abuse lawsuit against those responsible for harming your family member within any legal deadlines.

Once your nursing home lawsuit has been filed, we’ll begin trying to negotiate a settlement with the defendant(s).

4. Your Family Receives Compensation

Nursing home compensation may be awarded in one of two ways:

  • Out-of-court settlements, which often allow families to access much-needed compensation quicker
  • A verdict, which is decided by a judge or jury after a lawyer presents your case at trial

Your legal team will do everything they can to secure the most nursing home compensation possible, so you can provide your loved one with the care they deserve.

Nursing Home Negligence Statute of Limitations

Each state has a law called the statute of limitations that limits how long you have to file a nursing home abuse lawsuit.

The nursing home negligence statutes of limitation vary depending on the state you live in, but they can be as short as 1 year after a resident is injured or passes away.

Once the deadline in your case passes, you won’t be able to take legal action for your loved one’s injuries again. Contact a nursing home law firm as soon as possible, so you don’t miss your chance for justice.

At Sokolove Law, we know the nursing home abuse laws and statutes of limitations in each state. If you have a case, our team may be able to help you sue a negligent nursing home before it’s too late.

How Much Can You Sue a Nursing Home for Negligence?

The value of a nursing home abuse case depends on many factors, like the severity of the injury and the circumstances that led up to it. The average settlement for nursing home negligence and abuse is around $400,000, according to Health Affairs.

At Sokolove Law, we have decades of experience pursuing compensation on behalf of nursing home residents and their loved ones. Our attorneys have secured payouts well above the average for many clients.

Some of our past nursing home negligence settlements and verdicts include:

  • $2.2 Million to a Rhode Island woman who suffered a heart attack
  • $2 Million for a man in California whose wife with dementia passed away within 48 hours of entering a care facility
  • $1.75 Million to the family of a Massachusetts man who died in a fire caused by neglect
  • $1.35 Million for an Alabama nursing home resident with a shoulder injury
  • $1.2 Million to a neglected Illinois patient who developed bedsores and a kidney infection
  • $890,000 for a Kentucky nursing home resident
  • $625,000 to a woman in Florida whose mother fell in a nursing home multiple times and passed away after hitting her head

While there’s no guarantee of compensation, we’ll work hard to maximize your potential payout from a nursing home negligence lawsuit, so you can get help paying for medical bills and a safer facility for your loved one.

Call (800) 995-1212 now to see if we may be able to fight for the compensation you deserve.

Our Nursing Home Negligence Lawyers Can Help in All 50 States

At Sokolove Law, our nursing home negligence lawyers can help families in all 50 states file lawsuits for abuse or neglect in a long-term care facility.

Our attorneys have secured more than $273 Million for nursing home abuse clients across the country.

We have over 45 years of experience fighting for justice on behalf of those who have been injured through no fault of their own, and there are no hourly fees or out-of-pocket costs to work with our team.

Contact us now to find out if you can sue a nursing home for negligence or abuse.

  1. AHCA NCAL. “Survey: 94 Percent of Nursing Homes Face Staffing Shortages.” Retrieved from: Accessed on May 1, 2024.
  2. Fox News. “New Mexico Jury Awards $54M For Neglected Patient's Internal Bleeding Death.” Retrieved from: Accessed on May 1, 2024.
  3. Gitnux. “Statistics About The Average Nursing Home Neglect Settlement.” Retrieved from: Accessed on April 25, 2024.
  4. Health Affairs. “The Rise Of Nursing Home Litigation: Findings From A National Survey Of Attorneys.” Retrieved from: Accessed on April 25, 2024.
  5. Office of the New York State Attorney General. “Attorney General James Secures $8.6 Million and Significant Reforms to Long Island Nursing Home after Repeated Financial Fraud and Resident Mistreatment.” Retrieved from: Accessed on April 25, 2024.
  6. The New York Times. “Two Sides of Ted Cruz: Tort Reformer and Personal Injury Lawyer.” Retrieved from: Accessed on May 1, 2024.
  7. World Health Organization (WHO). “Abuse of Older People.” Retrieved from: Accessed on April 15, 2024.