If an elderly loved one has been a victim of nursing home neglect, you may be wondering about the legal options available to you. Most nursing home neglect cases are civil cases rather than criminal cases. One difference is that civil cases focus on pursuing compensation for the wrong done to the victim instead of punishing the defendant. In this article, we give you a quick overview on proving nursing home neglect.
Most nursing home neglect lawsuits are civil cases. Below is a list of differences between the two:
- Criminal lawsuits are about a defendant breaking the law and usually has the state or federal government as the plaintiff. In civil lawsuits, the victim is the plaintiff as the aim is compensation, not punishment.
- A civil lawsuit requires lower standards of proof than a criminal lawsuit. While criminal lawsuits require that the defendant’s guilt be proved beyond a reasonable doubt, with civil lawsuits, the plaintiff only has to prove that the defendant’s guilt is more likely than not.
- Most civil cases are resolved through a settlement instead of trials by jury, pleas, dismissals and the like.
It is important to note that civil lawsuits do not have to constitute a crime. Therefore, in the majority of cases, a civil lawsuit makes the most sense, especially if the victim suffered harm due to an inaction on the defendant’s part rather than a deliberate action.
- Settlement: The defendant and plaintiff agree on a settlement amount and sign a legally binding document attesting to it, preventing the need for a trial.
- Verdict: A verdict is passed by a jury, where they decide if the defendant is at fault and if so, how much compensation they should pay the defendant. In a criminal case, the jury decides if the defendant is guilty of the crimes they have been accused of.
- Restitution: This is additional payment the guilty party must pay to the victim as a form of compensation for the harm they have caused.
There are many reasons to pursue a nursing home neglect lawsuit and get the compensation and justice you deserve. Compensation can go a long way towards paying for medical bills, therapy and costs with changing nursing home that are incurred as a result. It can also help to discourage future negligence and mistreatment of nursing home residents.
Do you have a case of nursing home neglect but are unsure which approach to filing a lawsuit is most appropriate? If so, the attorneys at Corradino & Papa, LLC, are here to help. Please feel free to schedule a free consultation to kickstart your case.
Disclaimer: Results may vary depending on your particular facts and legal circumstances.