Filing a nursing home abuse case is often one of the most difficult experiences that a family member of an elderly resident might face. As a result, it may be significantly advantageous to speak with a dedicated attorney about the Florida nursing home abuse pretrial process. A compassionate nursing home abuse lawyer could evaluate the factors of the case and work to hold abusive parties accountable for their actions. If an elderly loved one has been subjected to an abusive living situation in a long-term care facility, call today and schedule an appointment to begin determining legal strategies that may be applicable to your case.

Understanding the Deposition Process

In a nursing home abuse case, the injured person or their personal representative if they are deceased, and their family members are typically deposed. Each individual is generally questioned about what they know about the incident and how the negligence or abuse impacted their lives. The attorney may also depose individuals who were at the nursing home such as doctors, nurses, and certified nursing assistants who may have some knowledge about what happened. It is also common for depositions of experts to occur.

Depositions may occur throughout the course of the case and written discovery generally goes back and forth. Requests for documents, requests with written questions that require a written answer, and requests for admissions that may ask the other side to admit or deny specific facts in the case often happen in conjunction with the deposition process prior to trial.

Preparing for a Trial

Part of the Florida nursing home abuse pretrial process generally involves identifying any information that could serve as a surprise or become an issue during a trial. For example, there should be no witnesses at trial who have not been previously deposed. Additionally, an attorney should collect and review the records of the depositions and make a list of individuals who should be interviewed prior to the trial. If the plaintiff is the injured party, they typically do not need to study their medical records. They simply need to be honest with their answers. It may be helpful to go through potential lines of questioning with an attorney prior to trial to make the answering process more efficient.

Advocating on an Injured Individual’s Behalf

Unfortunately, with most nursing home claims, the abused individual has either passed away or suffers from some mental incapacity like dementia or Alzheimer’s disease. Injured individuals are typically not able to bring the claim themselves or speak for themselves. This is one of the reasons why nursing home abuse is so common. Unless the family is closely watching their loved one at the facility, many of these abuse incidents go unnoticed and unreported. Someone who suspects that a vulnerable family member has been abused in a care facility should speak with a nursing home abuse lawyer as soon as possible. An attorney could assist a person in seeking compensation for negligence or abuse.

Contact a Lawyer in Advance of a Florida Nursing Home Abuse Trial

If a loved one has been abused in a nursing home facility, it may be important to discuss the steps of the Florida nursing home abuse pretrial process. An attorney could review the factors that may have contributed to a person’s injuries and work to formulate a legal strategy to hold negligent parties accountable. Reach out today and set up an appointment to begin assessing your legal options.

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Domnick Cunningham & Whalen

Domnick Cunningham & Whalen

N/a
2401 PGA BOULEVARD SUITE 140
PALM BEACH GARDENS
FL 33410
Phone: (561) 625-6260