First, get yourself a good nursing home abuse attorney, such as those at Gray and White Law.
A Criminal Trial
Once the abuse is out in the open, the state or county prosecutor will probably file criminal charges, according to the Nursing Home Abuse Center. In this situation, the prosecutor will not represent you but the State in its case against the abuser. You will probably be subpoenaed and called to testify as a witness for the prosecution.
Giving testimony in a criminal trial will not be easy, especially when you are cross-examined by the defense attorney. Your credibility and the evidence will be questioned. Be prepared for the worst, and keep your cool.
The results of a criminal trial may include hefty fines, a jail sentence, and shutting down of the nursing home, but your father will not receive any compensation unless you file a civil case.
A Civil Suit
No matter what the state chooses to do, you may proceed with a civil case. You can sue for monetary damages, and you are more likely to win because whereas criminal cases favor the defendant with the caveat of “reasonable doubt,” civil cases are decided if the evidence is convincing.
Keep in mind that the statute of limitations on injury and wrongful death suits is usually one to two years from the date of the injury or death, so contact Gray and White Law immediately. Call us at 502-210-8942 or toll free at 888-450-4456 to set up a FREE, no-obligation consultation.