There are many legal terms that you might start coming across if you and your family are filing a personal injury claim due to neglect and abuse. This section of our website explains some of these terms in greater detail to help you understand what is happening in the personal injury case that your family is involved in.
One term that you may hear a lot if you are involved in a nursing home neglect and abuse claim is “breach of duty.” Nursing home staff members have a duty of care towards the residents of the facility. If your loved one sustained injuries, you have to prove in court that the injury was a result of a breach of this duty that nursing home staff members have. If you can prove it, your family will likely receive compensation for your loved one’s injuries. If you cannot, it will be harder to get compensation.
Another term that can help you determine if you have a case is “negligence.” A facility employee must act with negligence in order for them or the facility to be held responsible for neglect, abuse, or some other issue.
Another term to consider is the “letter of protection.” A letter of protection is a letter that you send to your loved one’s doctor informing them that they are seeking compensation in a lawsuit. Ultimately, the letter explains to the doctor that they will get paid once compensation is awarded to your family. A letter of protection can be a good option because it means that your family does not have to pay for medical help out-of-pocket. The doctor will be paid once your family gets compensation and can afford to pay them.
Finally, you might hear the term “good faith requirement” in a nursing home neglect and abuse claim. Good faith can absolve some staff members from blame or fault in a neglect and abuse situation. If a staff member had no intention to harm another, or had no knowledge of the abuse, they could be protected from legal action by good faith. This is a situation that you should discuss with your attorney.
Types of Lawsuits
One type of lawsuit that you might be interested in filing is the class action lawsuit. This is an option if your loved one and many other people have suffered the same issue. For example, if several residents experienced the same type of abuse. Another option is suing a company that made medical devices improperly. Learn more about this option on our class action lawsuit page to determine if this is the right option for you.
Another type of lawsuit that your family could file is the consortium damage claim. This type of claim is for someone else in the family who was deeply affected by your loved one’s abuse. This type of damage claim could be available to a spouse, a parent, or a child. This is compensation for the grief that a spouse, parent, or child has experienced because of their loved one’s abuse.
To learn more about any of the terms mentioned on this page, check out the other pages in this section. We go into more detail on these pages. If you still have questions, we are happy to answer them. Just call our office and we can discuss your family’s situation.