What to Expect During a New Mexico Nursing Home Negligence Lawsuit

Deciding to file a lawsuit is never an easy task—and this is especially true for families who have uncovered nursing home negligence. If you’ve discovered evidence of abuse or neglect happening in your loved one’s nursing home in New Mexico, you are likely shocked and saddened, and the prospect of a lengthy legal battle may be overwhelming to even think about. Fortunately, our New Mexico nursing home negligence attorneys at Carabin Shaw are here to tell you what to expect during a New Mexico nursing home negligence lawsuit so that you can be prepared for what’s ahead. Read on to learn what our New Mexico elder abuse lawyers want you to know.

Lawsuits are cases filed in a civil court of law. There are a number of phases that occur in any lawsuit. However, before you actually file your lawsuit for nursing home negligence, you will need to do the following:

1. Consult With—and Hire—the Right Attorney.

Not all New Mexico attorneys are equally qualified to handle nursing home negligence cases. When choosing a lawyer, look for someone who has extensive experience with personal injury law; more specifically, you want to choose someone who has experience with elder abuse cases, and who has a winning track record.

2. Decide if You Have a Case.

Once you’ve hired an attorney, they will work with you to determine whether or not you have the grounds for filing a New Mexico nursing home negligence lawsuit. You also need to ensure that the three-year statute of limitations is not yet up.

3. Inform the Facility of the Abuse, and Consider Filing a Complaint With the State APS Agency.

Regardless of where your loved one is staying, the facility will have a grievance procedure in place that you must follow in the event that abuse is discovered. You also have the option of filing a complaint with the state’s Adult Protective Services (APS) agency, whose role is to investigate reports of elder abuse.

It’s important to note that once you’ve filed a complaint, the facility may offer you a settlement at any time, in the hopes that you will accept the money and drop your case. Before accepting any offers, you should consult with your attorney and make sure it is in your best interests.

1. Investigation

The first phase of your lawsuit is the investigation phase. During this period, your lawyer will work for you to obtain all of the information relevant to your case. It will be your attorney’s job to gather witness statements, medical records, expert witness testimony, and all other relevant evidence. During this phase, your lawyer may discover that the nursing home cannot be held liable, at which point you have the option to get a second opinion from another attorney or drop your case. However, if liability is found, your case will move to the next stage.

2. Discovery

During this stage, all of the evidence gathered by both sides is presented to a judge, and witnesses are examined under oath. Both parties are legally required to put all of the information they have on the table; for a nursing home abuse case, this could be staffing records, witnesses, or medical documentation related to the incident. This stage is often lengthy, and can last upwards of six months whenever nursing home negligence is involved.

3. Mediation, Pre-Trial, and Trial

At this stage, the judge may hold hearings and rule on various motions before the trial. Once these hearings are concluded, a trial will be set. You may or may not be required to attempt mediation before the date of your trial.

If you’re ready to find out what a team of qualified New Mexico elder abuse lawyers can do for your New Mexico nursing home negligence case, contact Carabin Shaw today. We offer all new clients a no cost, no obligation consultation, meaning that you have absolutely nothing to lose by giving us a call. So call our office today at 915-779-2301 for your free consultation with one of our nursing home negligence lawyers serving New Mexico and find out how we can help.