One of the most difficult things to do when you suspect neglect or abuse is to prove that it actually took place. Unfortunately, the court system isn’t always easy. Knowing that abuse occurred and proving it are two different things. It can be difficult to gather the evidence needed to prove neglect or abuse. The guidance of a lawyer can be extremely helpful in this situation. Consider the following factors in deciding if your family has a neglect and abuse case against a nursing home.
One of the factors involved in proving neglect and abuse is physical evidence. Does your loved one have documented injuries from the nursing home? Has a doctor recognized these injuries? Is this doctor willing to testify in court? Establishing physical evidence of your loved one’s injuries can make it easier to prove that they got abused or neglected. As soon as you realize that abuse has occurred, document these injuries through:
- Written testimony.
- A visit to the doctor.
This is the first step in establishing evidence for your loved one’s case.
Testimony is another strong component in personal injury cases. A statement from your loved one detailing the neglect or abuse can help the case. But, your loved one might be hesitant to share this information. It might be difficult for your loved one to remember back to the experience and recount what happened. Work with your loved one to make sure that they feel comfortable giving this information.
You can get testimonies from other parties as well. Consider the testimony of:
- People who witnessed the abuse (eyewitnesses).
- Your loved one’s friends in the nursing home.
- You or other family members who learned of the abuse.
- A doctor or another expert witness.
- The abuser. You can ask the abuser to testify in a deposition or in court. They must tell the truth and can talk about the abuse themselves. If you decide to cross examine or depose the abuser, make sure that you have a good lawyer who can do this.
Make sure that you have records for bills that your loved one had to pay as a result of the neglect or abuse experienced. The purpose of a personal injury case is to make sure that your loved one gets compensation. This compensation will make up for the monetary and emotional issues they faced due to abuse. Keep track of hospital bills, medications, doctor appointments so that proper compensation can be determined in your loved one’s case.
There are no guarantees that your loved one’s neglect and abuse case will be won. But, if you have evidence such as those mentioned here, you strengthen your loved one’s case. To truly determine how strong your loved one’s case is, consult an attorney. A lawyer can use their knowledge and past experience to determine how well your loved one’s case will do in court. They can also help to make your loved one’s case stronger by gathering more evidence and presenting it in court.