How to File a Nursing Home Lawsuit

A nursing home lawsuit can expose an abusive, negligent, or criminal facility in your local community. It can shed light on dark places and bring justice to the perpetrators. Taking action can prevent similar incidents in the future to other vulnerable nursing home residents. Finally, it can give you and your family the financial compensation you deserve after experiencing harmful nursing home abuse or neglect. Here’s a general outline of steps you need to take to bring a nursing home lawsuit in Kansas City:

Investigate the Incident

Look into the suspected abuse yourself or hire a team of Kansas City nursing home abuse attorneys to investigate for you. Search for signs and evidence of abuse, take photographs of the facility, and write down a description of what happened.

Determine Damages

Calculate your loved one’s damages to make an official demand. Damages can include medical costs, past and future pain and suffering, mental anguish, court costs, attorney’s fees, and any financial losses from elder exploitation.

File Your Claim

Fill out the paperwork to file a personal injury claim against the nursing home and/or another defendant. You will need to file your claim with the correct KC court within the statute of limitations (five years in Missouri, two years in Kansas).

Serve the Complaint

You generally have 30 to 60 days to serve your filed complaint to the defendant (or to hire a professional to do so for you). The defendant will have anywhere from 60 to 90 days to file a response after serving the complaint.

Enter Into Negotiations

You will enter into settlement negotiations if the nursing home accepts your claim or take your claim to court if it is denied. Hire an experienced Kansas City injury lawyer at this point in the claims process if you haven’t yet done so.