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June 16, 2020

Nursing Home Lawyer FAQ: I signed an arbitration agreement, can I still pursue compensation if my elderly loved one has been abused?

Posted in Uncategorized

Lawyers  unfortunately receive calls every day about suspected abuse and neglect in nursing homes. Many of these calls come from concerned family members who identified the alleged abuse, and are now wondering what they should do. One of the most common questions law firms get asked is regarding arbitration agreements, and what happens if one has been signed. 

A majority of nursing homes will require residents to sign an arbitration agreement before they can move in. These agreements can stipulate many different things, such as:

  • All complaints must go through arbitration
  • At no time can a civil court intervene
  • All legal fees will be paid by the resident
  • Any action pursued must remain confidential

These things can be worrisome, especially for family members who are trying to handle a case involving abuse or neglect. If you signed an arbitration agreement, and you have found out that abuse is going on, not all is lost. It is still your right to consult a nursing home abuse lawyer, and you should. A good lawyer can review the arbitration agreement to look for weak spots or wording that might enable you to take legal action outside of the agreement. Furthermore, even if you do have to strictly abide by the agreement, having a lawyer on your side can protect your rights and interests as best as possible. 

As you begin to navigate this process, you should keep in mind the following:

  • Report your concerns to the nursing home facility
  • Gather as much evidence as possible
  • Try to get your loved one to a safer location
  • If your loved one is in imminent danger, call 911
  • Don’t listen to advice that suggests you not to call a lawyer

As a nursing home abuse lawyer, we can help you to overcome any obstacles you are facing. It is our goal to get you justice, regardless of what legal route is necessary.

What A Lawyer May Ask of You
As soon as you choose to take legal action, you may expect things from your nursing home abuse lawyer. Likewise, your lawyer will expect things of you. Your lawyer would appreciate your honesty and transparency over anything else. Some expectations include:

  • Being completely open about the case
  • Not hiding anything — regardless of how irrelevant it might be
  • Disclosing any potential evidence
  • Being specific about the case
  • Remaining committed to resolving the issues
  • Remaining patient during the case process

Are You Looking for the Right Nursing Home Abuse Lawyer?
This is definitely a difficult time for you, and a lawyer will understand that you want answers to what has happened. A skilled nursing home abuse lawyer will have helped many people in a similar situation. Count on him or her for honest advice and quality legal representation. For a consultation with a trusted nursing home abuse lawyer, call a lawyer, like a nursing home lawyer from Darrell Castle and Associates, PLLC, today. 

Get the best attorney in Scottsdale to fight for the compensation you are owed. Call 480 360-4770

Schedule A Free 1-1 Consultation Now