Pre-Trial Steps to Take in a Virginia Nursing Home Abuse Case

Nursing home abuse cases can be some of the most complex cases in personal injury law. Whether the injury occurred as the result of a slip and fall, resulted from employee neglect, or was caused by poor medical care, any claim will require a solid knowledge of Virginia law, the ability to gather all the necessary evidence, and the patience to see the case through to the end.

However, there are steps that a plaintiff can take before the case even gets to trial to increase their chances of a successful Virginia nursing home abuse claim. By following these few easy steps, plaintiffs can avoid being surprised at trial, can gather vital evidence to help prove their case, and may even obtain a lucrative settlement before the trial begins. Reach out to a seasoned nursing home abuse lawyer today.

Gather as Much Information as Possible

Collecting all relevant information is a cruical pre-trial step to take in Virginia nursing home abuse cases. A major portion of a nursing home abuse case and indeed any personal injury case is known as discovery. The defendant in these claims rarely volunteers information. A plaintiff and their attorney must know the right questions to ask during depositions and what information to look for in interrogatories.

Additionally, plaintiffs may want to talk with witnesses who have first-hand knowledge about the abuse in question. An abuse victim’s roommate, other staff, or even a doctor who treated a wound may be able to speak as to how the nursing home’s negligence resulted in the abuse.

Be Aware of How the Nursing Home may Defend the Case

Nursing home abuse cases can cost defendants hundreds of thousands of dollars if the injuries suffered by the victim are severe. As a result, they will go to great lengths to fight against these claims. Potential plaintiffs should be aware of some of the common tactics used by defense attorneys to protect their clients.

Defense attorneys will often try to shift blame for an injury to the plaintiff. For example, they may argue that because the plaintiff never spoke out about the abuse, their injuries became much worse than they initially were. They may also try to argue that the wounds were self-inflicted or that the nursing home took every reasonable step to prevent the abuse. By gaining knowledge of these common defenses, plaintiffs can know what to expect at trial and how to respond to pointed deposition questions during the discovery phase of the case. Fortunately, a seasoned lawyer could argue against the defense’s case.

Have a Productive Relationship with Your Expert Witness

In nursing home abuse cases that allege a medical error, the plaintiff must work with an expert witness who can testify as to how the injury was the nursing home’s fault. As a result, it is essential that plaintiffs work with these experts in an open and honest way.

It is important to remember that although you are paying this expert for their services, at the end of the day they are there to help you. Without this expert, you have no way to prove your case in court. While many of the questions they ask will be deeply personal and potentially embarrassing, the answers may prove to be the most powerful argument in your case.

A Few Pretrial Steps to Take in a Virginia Nursing Home Abuse Case Could Help

A nursing home abuse personal injury case may appear to be intimidating and complex. While these cases can certainly be complicated, plaintiffs can put their minds at ease and increase their chances of recovering compensation by following a few simple tips.

Be sure to gather all the evidence you can. It is required to share this evidence with the defendant prior to trial. If you wait too long to gather it, the judge in the case may not allow a jury to see it. Plaintiffs should also be aware of common defense tactics in these cases so that they can recognize a potential trap during recorded statements.

Finally, be certain to cooperate with your expert witness if your case has one. These experts are there to help and can only do their jobs if you give them the information that they need. Contact an attorney today to learn more about pretrial steps to take in a Virginia nursing home abuse case.