Did you or a loved one receive substandard care in a nursing home or long-term care facility?

The process typically begins with a thorough investigation and free consultation with an attorney to evaluate the facts. Once your attorney determines that your case has merit, the next step is to initiate the lawsuit by filing a complaint in the appropriate court against the nursing home and any at-fault staff or administrators. After filing, both sides engage in a phase called discovery, where evidence is exchanged and collected. During discovery, your lawyer will gather records, take depositions (interviews under oath) of staff or witnesses, and consult experts as needed to strengthen your case. The nursing home’s lawyers will do the same. Following discovery, there may be settlement negotiations or mediation to see if the case can be resolved without going to trial. Many nursing home abuse cases settle at this stage if the evidence of negligence is strong. If a fair settlement cannot be reached, the case would proceed to a trial, where each side presents its evidence and arguments, and a judge or jury decides the outcome. As for how long it takes, it varies. Some clear-cut cases can settle in a matter of a few months, especially if the nursing home is eager to avoid publicity. More complex or contested cases might take a year or longer to wind through the court system – sometimes 18 months or more if a trial is required. Rest assured, Segal & Amos will work diligently to move your case forward as efficiently as possible while thoroughly preparing the strongest case on your behalf. We handle all the legal legwork and procedural steps, keeping you informed along the way, so that you can focus on caring for your loved one during this process.

Experience is critical when it comes to nursing home abuse litigation. Segal & Amos, PLLC brings decades of personal injury experience to the table, including a strong track record in elder abuse and neglect cases. Our attorneys have been fighting for injured West Virginians for over 30 years, and we have handled numerous claims involving nursing home negligence, inadequate care, and wrongful death. This background gives us in-depth knowledge of how nursing homes operate – and sometimes cover up issues – as well as a firm grasp of state and federal laws (like the Nursing Home Reform Act) that protect residents’ rights. We know what evidence to look for and how to overcome common defenses that nursing facilities and their insurance companies use. Our team’s experience includes securing multi-million dollar verdicts and settlements in complex injury cases, and we bring that same tenacity and skill to nursing home abuse claims. When you work with Segal & Amos, you are choosing a law firm that understands the nuances of elder abuse cases, from medical evidence to regulatory standards, and has the resources and expertise to take on big nursing home corporations. We’re proud of our history of successful outcomes – but more importantly, we’re proud to have helped many families get justice and safer care for their loved ones.

Yes. All legal claims are subject to a statute of limitations, which is a time limit for filing a lawsuit. In West Virginia, the statute of limitations for nursing home abuse or neglect cases is generally one year from the date of the injury. This typically means you have one year from the date the abuse or injury occurred to file a lawsuit. If the harm wasn’t discovered right away – for example, you only later realized that an injury or decline in health was due to abuse – then the two-year clock may start from the date you reasonably discovered the problem. In cases of a loved one’s death due to nursing home negligence, you likewise have one year from the date of death to bring a wrongful death lawsuit. It’s very important not to miss these deadlines. If the statute of limitations expires, you will likely lose your right to sue the facility for compensation. There can be exceptions or specific nuances in certain situations, so the safest approach is to consult an attorney as soon as you suspect abuse. An experienced nursing home abuse lawyer will ensure that your case is filed within the required timeframe and that all legal deadlines are met while you focus on your loved one’s well-being.

Proving a nursing home abuse case requires gathering strong evidence of both the mistreatment and the resulting harm. Key pieces of evidence often include:

• Medical records and reports: These document the resident’s injuries or health conditions. For example, hospital records might show dehydration or malnutrition levels, untreated infections, or injuries like fractures that suggest abuse or neglect. A doctor’s evaluation can link an injury (like a broken bone or pressure ulcer) to potential abuse or lack of proper care.
• Photographs and videos: Visual evidence of any injuries (bruises, bedsores, cuts) or unsafe/unsanitary conditions in the facility can be very powerful. Timestamped photos of poor living conditions or bodily harm can directly illustrate the severity of neglect or abuse.
• Witness statements: Testimony from anyone who observed the abuse or its effects is crucial. This may include other residents, family members who noticed changes (like sudden weight loss or fearfulness), or even courageous staff members who witnessed misconduct by co-workers. Written statements, affidavits, or depositions can all serve as evidence.
• Facility records and documentation: Nursing homes are required to keep records of incidents, care plans, staffing schedules, and more. Incident reports about falls, injuries, or complaints can support your case by showing patterns of problems. Staffing logs might reveal inadequate staff-to-patient ratios or unqualified personnel on duty when the abuse occurred. If the facility has been cited for violations by regulators in the past, those records can also help establish a history of neglect.
• Expert analysis: In many cases, we bring in expert witnesses such as medical experts or elder care consultants. They can review the evidence and testify how the nursing home’s actions deviated from the acceptable standard of care. For instance, a nursing expert could explain how failing to rotate a bedridden resident for hours led directly to severe bedsores, or how certain bruising patterns indicate physical abuse. Their professional opinions lend credence to the claim that the facility’s negligence caused the harm.

In summary, any evidence that helps show (a) what happened, (b) that the nursing home (or its employees) breached their duty through abuse or neglect, and (c) that this breach caused injury or suffering to the resident will be important. Don’t worry if you’re unsure about what evidence you have – part of our job as your attorneys is to conduct a thorough investigation and gather all relevant proof. Even if some abuse happened behind closed doors, an experienced nursing home abuse lawyer knows how to uncover the truth through medical clues, documents, and interviews. We will assemble the necessary evidence to build a compelling case and fight for justice for your loved one.

The majority of nursing home abuse cases are resolved through settlements rather than a full trial. In our experience, once we present a strong case showing the facility’s negligence or wrongdoing, the nursing home (or more typically, its insurance company) often prefers to negotiate a settlement. Settlements can provide compensation to your family more quickly and privately, sparing you the stress and uncertainty of a trial. They also allow an injured senior to receive funds for care without delay. In fact, many cases settle in the mid to late stages of litigation or even before a lawsuit is formally filed, once the evidence of abuse is clear. However, every case is unique. If the nursing home’s side refuses to offer a fair settlement that fully accounts for your loved one’s injuries and suffering, Segal & Amos is fully prepared to go to trial on your behalf. Our attorneys are seasoned trial lawyers with extensive courtroom experience, and we will not hesitate to present your case to a judge and jury to secure justice. Should a trial become necessary, we handle all aspects of the litigation. We will prepare you and your loved one (if they are able to participate) for what to expect, but we also strive to minimize the burden on your family. Often, the legal team can appear in court on your behalf, and your loved one may not need to testify in person unless absolutely essential – especially if health or mobility is a concern. Whether through settlement or trial, our priority is to achieve the best possible outcome for you. We will advise you at each juncture, fight for your rights, and remain by your side until the case is resolved. Ultimately, you will not have to navigate this fight alone – we’ll be there every step of the way, working toward a resolution that holds the wrongdoers accountable and helps your family move forward.