If no criminal case has been filed against the nursing home staff, can my mother still file a lawsuit to recover for the abuse she sustained in a Louisville nursing home?

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Yes. Your mother, or you, should contact a Louisville nursing home abuse lawyer to discuss your rights and possible case regardless of whether the state brings a criminal case against a staff member. There is no legal requirement that the state bring criminal charges against a staff member for abuse, neglect, or theft in order for the injured nursing home resident, or his or her representative, to file a civil lawsuit. 

The claims against the nursing home staff and the standard of proof required to win a case against the staff member is different in criminal and civil proceedings. Additionally, the potential recovery is different. When the state files a criminal case, your mother will not recover damages for the injuries that she sustained because of the actions (or inactions) of nursing home staff. However, if your mother is successful in her civil lawsuit then she may recover damages for her injuries. Damages may include compensation for past and future medical expenses, out-of-pocket costs, rehabilitation costs, physical pain and emotional suffering. These damages may have a significant impact on her future care and recovery. 

Has Your Loved One Been Injured In A Nursing Home?

If you believe your loved one is being subjected to nursing home abuse you need to speak with an experienced Kentucky nursing home neglect attorney as soon as possible. Contact us online or call our office directly at 888.450.4456 to schedule a free consultation.