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Nursing Home Lawsuit Process Explained

Understanding the nursing home lawsuit process can seem like a daunting task, especially during a time that is already emotional and stressful. If you or a loved one have been affected by negligence or abuse in a nursing home, knowing the steps involved in pursuing legal action can provide some much-needed clarity and peace of mind.

The first step in the nursing home lawsuit process is recognizing the signs of abuse or neglect. These can include physical signs such as bruises or unexplained injuries, as well as behavioral changes such as withdrawal or agitation. If you notice any of these signs, it’s essential to document them as thoroughly as possible. Take photographs of any visible injuries and make notes of any behavioral changes or incidents that have raised your concern.

Once you have gathered evidence, the next step is to consult with a legal professional. A Maryland Nursing Home Lawyer, experienced in handling nursing home abuse cases, can provide invaluable assistance at this stage. They will be able to evaluate the evidence you have collected, help you understand your legal rights, and guide you on the best course of action.

After consulting with a lawyer, the next step is to file a complaint. This involves submitting a formal statement to the nursing home detailing the abuse or neglect that has taken place. The nursing home will then have the opportunity to respond to the complaint.

If the nursing home does not adequately address the complaint, the next step is to file a lawsuit. This involves submitting a legal document called a “complaint” to the court, which outlines the allegations against the nursing home. The nursing home will then have the opportunity to respond to the lawsuit.

Once the lawsuit has been filed, the discovery process will begin. This involves the exchange of information between the plaintiff (the person bringing the lawsuit) and the defendant (the nursing home). Both sides will have the opportunity to gather evidence, interview witnesses, and build their cases.

After the discovery process, the case may go to trial. At trial, both sides will present their evidence and arguments, and a judge or jury will make a final decision on the case. If the plaintiff is successful, they may be awarded compensation for medical expenses, pain and suffering, and other damages.

It’s important to note that nursing home lawsuits can be complex and may take time to resolve. Having an experienced lawyer on your side can help navigate the legal system and increase your chances of a successful outcome.

At Brown Kiely, LLP, we understand how difficult it can be to see a loved one suffer due to abuse or neglect in a nursing home. We are dedicated to fighting for the rights of those affected and holding nursing homes accountable for their actions. If you are considering pursuing a nursing home lawsuit, we encourage you to reach out to us. Let us help you take the first step towards justice and peace of mind.

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Understanding Mesothelioma Cases

When facing a mesothelioma diagnosis, understanding the intricacies of mesothelioma cases is crucial. Mesothelioma is a rare and aggressive form of cancer primarily caused by asbestos exposure. As a result, victims often find themselves in a complex legal landscape, seeking justice and compensation for their suffering.

At the heart of a mesothelioma case is determining the source of asbestos exposure and proving negligence on the part of responsible parties. This process can be daunting, as asbestos exposure might have occurred years or even decades before diagnosis. Consequently, victims and their families must navigate a myriad of legal, medical, and financial challenges.

One of the first steps in understanding mesothelioma cases is knowing the types of claims available to victims. Primarily, there are two types of claims: personal injury and wrongful death. A personal injury claim is filed by the individual diagnosed with mesothelioma, while a wrongful death claim is brought forth by the family of a deceased mesothelioma victim.

When filing a personal injury claim, the victim seeks compensation for medical expenses, lost wages, pain, and suffering. On the other hand, a wrongful death claim focuses on recovering costs associated with the victim’s death, such as funeral expenses, as well as compensation for loss of consortium and emotional distress.

Another important aspect of understanding mesothelioma cases is recognizing the potential defendants. These could include manufacturers of asbestos-containing products, employers who failed to provide adequate protective measures, or property owners who neglected to address asbestos hazards in their buildings. Identifying the responsible parties requires meticulous investigation and gathering of evidence, which is where an experienced mesothelioma lawyer can be invaluable.

A crucial step in a mesothelioma case is compiling a strong evidence base. This involves gathering medical records, employment history, and any other documentation that can establish a connection between asbestos exposure and the diagnosis. It is also essential to obtain expert testimonies from medical professionals and industry experts to strengthen the case.

The statute of limitations is another important aspect to consider when filing a mesothelioma claim. Each state has its own laws regarding the timeframe within which a victim can file a lawsuit. Missing this window could mean losing the opportunity to seek compensation altogether. It is, therefore, imperative to consult a legal professional promptly after diagnosis to ensure that all legal requirements are met.

It is important to note that mesothelioma cases can be complex and time-consuming, often taking months or even years to resolve. This is because asbestos-related diseases have a long latency period, and establishing causation can be challenging. Despite the difficulties, victims should not be discouraged from seeking justice, as successful mesothelioma cases can result in significant compensation, helping cover medical expenses, lost wages, and other associated costs.

Understanding mesothelioma cases is crucial for victims seeking justice and compensation for their suffering. This involves knowing the types of claims available, identifying potential defendants, compiling a strong evidence base, and considering the statute of limitations. With the complexities and challenges involved in these cases, seeking the assistance of an experienced Maryland mesothelioma lawyer lawyer is recommended.

At Brown Kiely, LLP, we understand the emotional and financial toll that a mesothelioma diagnosis can take on victims and their families. We are committed to providing compassionate, expert legal assistance to help you navigate the complexities of your case. Let’s work together to seek the justice and compensation you deserve. Contact us today to schedule a consultation and take the first step towards reclaiming your life.

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Key Roles Of A Litigation Attorney

When it comes to protecting your business and your interests, a litigation attorney plays a crucial role. These legal professionals are skilled in representing clients in court, helping them navigate the complex world of business law. With their expertise and experience, they can guide you through the process, ensuring you have the best possible chance of achieving a favorable outcome.

One of the main roles of a litigation attorney is to conduct a thorough investigation into the case. This involves gathering evidence, interviewing witnesses, and researching relevant laws and regulations. By building a strong case, they can provide you with the solid foundation you need to make a compelling argument in court.

Another key role of a litigation attorney is to provide sound legal advice. They can help you understand the merits of your case, advising you on the best course of action to take. This can include negotiating a settlement, pursuing litigation, or finding alternative dispute resolution methods. With their guidance, you can make informed decisions that are in your best interest.

In addition to providing legal advice and building a strong case, a litigation attorney will also represent you in court. This involves presenting your case to a judge or jury, arguing your position, and responding to the opposition. They will use their legal knowledge and skills to make a persuasive argument, helping you to achieve the best possible outcome.

A good litigation attorney will also be skilled in negotiation. They will work to resolve disputes in a way that is favorable to you, saving you time and money in the process. This can involve negotiating with the opposing party, finding common ground, and coming to a mutually beneficial agreement.

A key part of the litigation process is understanding and complying with court procedures and deadlines. A litigation attorney will ensure that all necessary documents are filed on time and that you are prepared for each step of the process. This attention to detail is crucial in ensuring that your case is handled properly and that you have the best possible chance of success.

When it comes to finding the right litigation attorney for your business, look no further than a Maryland business litigation attorney. With their expertise and experience, they can provide you with the legal support you need to navigate the complex world of business law.

A litigation attorney plays a crucial role in representing clients in court, providing legal advice, building a strong case, negotiating settlements, and ensuring compliance with court procedures. With their expertise and experience, they can guide you through the process, ensuring you have the best possible chance of achieving a favorable outcome. If you’re in need of legal support, don’t hesitate to reach out to us. We at Brown Kiely, LLP are here to help you navigate the legal landscape and achieve the success you deserve.

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Transparency Fines: $500/Day & Jail!

Commercial Litigation Lawyer

FAILING TO COMPLY WITH THE CORPORATE TRANSPARENCY ACT CAN COST YOU…UP TO $500 PER DAY AND PRISON TIME.

For the millions of small business owners around the country, one more item has been added to their to-do list, mandatory filings to the Financial Crimes Enforcement Network.  On January 1, 2021, the United State Congress enacted the Corporate Transparency Act, with a goal of detecting and reducing money laundering, fraud, and other misconduct through a business. The experienced commercial litigation lawyer from Silverman Law Office, PLLC explains that as part of the legislation, almost all entities are required to file a report of their owners and operators.

Although Congress has not completed its final regulations or provided a copy of the required report, there is important information you should know about the act. 

WHAT EVERY BUSINESS OWNER SHOULD KNOW ABOUT THE CORPORATE TRANSPARENCY ACT. 

WHO HAS TO FILE THE REPORT

Unless an exemption applies, any entity that incorporates under the Montana secretary of state or similar office in another state must file the report. Unfortunately, there is no exemption for single-member LLCs and family businesses.

WHO ARE THE BENEFICIAL OWNERS

The Corporate Transparency Act requires entities to report their beneficial owners, which includes. anyone who exercises either direct or indirect control over a company or who owns or controls ¼ of the ownership interest. In other words, information for all individuals who own stock or membership interests or act on the board or as a senior officer must be reported.

WHAT MUST BE INCLUDED IN THE REPORT

Entities must report the following information about all their beneficial owners:  

  • Full legal name
  • Date of birth
  • Current residential or business address
  • Unique identifying number (For the first report, this will be the tax identification number of the business or sole proprietor. For future filings, each business will be assigned a number by the Financial Crimes Enforcement Network.)

For businesses created after January 1, 2024, the reports must include the same information for the “Company Applicant,” the person who files the application paperwork with the secretary of state.

WHEN IS THE FILING DEADLINE

If the entity was created before January 1, 2024, the deadline to file the report is January 1, 2025. For all businesses created on or after January 1, 2024, the company has 30 days to file the report.

WHAT HAPPENS IF YOU DON’T FILE

Any person that fails to comply with the filing requirements is subject to a fine of $500 per day and prison time of up to two years. 

NOTE: CONGRESS HAS NOT PROVIDED ALL THE DETAILS ABOUT THIS NEW FILING REQUIREMENT. BE ON THE LOOKOUT FOR MORE INFORMATION AND FOLLOW US ON SOCIAL MEDIA TO STAY INFORMED. 

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Contract Lawyer Advice

Business Contract Lawyer

A business contract lawyer is a legal professional who specializes in providing expert advice and guidance regarding contractual matters for businesses. Their primary role is to ensure that contracts entered into by their clients are legally binding, and enforceable, and protect their client’s rights and interests.

The importance of hiring a business contract lawyer cannot be overstated. Contracts form the foundation of any business transaction, whether it involves partnerships, sales, leases, or employment agreements. A well-drafted and carefully negotiated contract can help prevent disputes, minimize risks, and ensure that all parties involved understand their rights and obligations.

One of the key responsibilities of a business contract lawyer is to review and analyze contracts before their clients sign them. They possess a deep understanding of contract law and are able to identify potential pitfalls or ambiguous language that may lead to future disputes. By thoroughly examining the terms and conditions, they can help their clients negotiate better deals and protect themselves from unfavorable clauses.

In addition to reviewing contracts, business contract lawyers also draft new contracts from scratch. They work closely with their clients to understand their specific needs and objectives, and then create customized agreements that address those requirements. This may involve outlining the rights and responsibilities of each party, specifying payment terms, setting performance benchmarks, and including provisions for dispute resolution.

During contract negotiations, business contract lawyers play a crucial role in advocating for their client’s interests. They possess excellent negotiation skills and are adept at finding common ground between parties with differing objectives. Their aim is to secure the best possible terms and conditions for their clients while maintaining a cooperative and amicable relationship between the parties involved.

In the event of a contract dispute or breach, business contract lawyers provide representation and legal counsel. They assess the situation, gather evidence, and develop a strategy to protect their client’s rights. This may involve negotiating settlements, mediating disputes, or representing their clients in court if necessary. Their goal is to achieve a favorable outcome for their clients while minimizing the financial and reputational impact.

Beyond contract-related matters, business contract lawyers often provide general legal advice to their clients on a wide range of business-related issues. They stay updated on changes in contract law and other relevant regulations to ensure that their clients remain in compliance and minimize legal risks. They may also assist in reviewing and drafting other legal documents, such as partnership agreements, non-disclosure agreements, and employment contracts.

To be an effective business contract lawyer, one must possess strong analytical skills, attention to detail, and excellent communication abilities. They must have a solid understanding of contract law principles and the ability to interpret complex legal language. Additionally, they should stay abreast of industry trends and developments that may impact their clients’ businesses.

A business contract lawyer plays a vital role in safeguarding the legal interests of businesses. They provide expert guidance throughout the contract lifecycle, from drafting and negotiation to dispute resolution. By leveraging their knowledge and expertise, they help their clients navigate the complexities of contract law, mitigate risks, and ensure that their business transactions are conducted on a solid legal foundation. Contact a business contract lawyer to day to schedule a risk-free consultation.

 

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Most Common Reasons Nursing Home Resident Deaths Occur

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According to national statistics, approximately 20 percent of all nursing home resident deaths are the result of falls. Although some of these falls may be unavoidable, many of these incidents are a result of negligence and never should have occurred. Each nursing home lawyer in Maryland from our law firm has handled numerous nursing home fall cases and has discovered some of the most common reasons why these preventable incidents occur.

Failure to Assess a Resident’s Risk for Falls

It is up to nursing home staff to conduct periodic assessments of a resident to determine if there are any issues that need special attention. This includes whether the resident has a high risk of falling. If a resident is deemed high risk, then it is up to the staff to make sure the resident is watched at all times, as well as assist the resident when they are getting out of bed, going to the bathroom, etc.

Staff Is Poorly Trained

When the staff at a nursing home are not properly trained and do not have the skills and experience necessary to care for and monitor nursing home residents who are at risk of falling, these incidents will happen, and residents will suffer injuries. Not having staff who know how to properly transfer a victim in and out of a wheelchair or bed or knowing which residents may be at high risk of falling, is clearly an act of negligence on the part of the facility.

Facility Suffers from Understaffing

A Maryland nursing home lawyer knows that an understaffed facility can be just as dangerous. Unfortunately, the turnover of employees at nursing homes is high and many facilities struggle from staff shortages. This leaves employees with more responsibilities, caring for more residents than they can possibly handle. Your loved one may not receive the care they need when corners are cut, and high-risk residents are left unattended.

Medication Errors

If a nursing home resident is given the wrong medication, is given the wrong dose, or does not receive their medication at all, the result can be dangerous for the resident. A medication error can lay the groundwork for a slip and fall accident. For example, if staff fail to give a resident a scheduled dose of a certain medication, the resident’s blood pressure could suddenly drop, causing the resident to feel dizzy and fall down.

Contact Our Firm Today

Abuse of the elderly is against the law and needs to be treated as such. If your loved one has been a victim of neglect or abuse – or if you suspect they are – contact Brown Kiely, LLP to find out how we may be able to help. A Maryland nursing home lawyer may be able to help your family report the abuse to the proper federal and state agencies and pursue compensation for the damages your loved one has suffered. Call our office today for a free and confidential consultation.

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When Do I Need to Hire a Lawyer?

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We live in a litigious world. Unfortunately, not every conflict can be satisfactorily handled without filing a lawsuit or hiring a lawyer. Even filing a personal injury claim with an insurance company often requires the assistance of a law firm in Bethesda MD. At Brown Kiely LLP we focus on several areas of the law, including the following:

Personal Injuries

Have you been injured through someone else’s carelessness or negligence? As a law firm Bethesda MD respects, we have helped thousands of injured victims get the compensation and benefits they deserved. We may be able to help you as well. Call us at 240-220-9923 to request a consultation with one of our personal injury lawyers. There will be no charge to you for that first meeting. Feel free to ask the attorney any questions you have about your case. We want you to feel confident in choosing Brown Kiely for the Bethesda law firm that will represent your best interests. If the at-fault insurance company denies your claim or refuses to pay you a fair settlement, give us a call.

Nursing Home Abuse and Neglect

When you place your beloved elder in a healthcare facility such as a nursing home, you do so with the expectation that they will be well cared for and protected. If you discover or suspect that they are being abused or neglected by a caregiver, it’s critical that you ensure their safety. A law firm Bethesda MD families need in a situation like this is one that has attorneys who specialize in elder law. Attorneys who practice elder law receive additional training due to the sensitive nature of these cases. An elder law attorney from Brown Kiely can help you during this difficult time. One of our attorneys can file the necessary paperwork and claims to recover the financial damages your family has suffered. In addition, if necessary we can file a lawsuit with the aim of recovering your damages as well as seek punitive damages to punish those responsible.

Estate Litigation

Unfortunately, when someone passes away, the grief can be compounded by conflict among surviving family members. What can complicate the situation are the legal issues that arise when a will is contested or no will was left behind at all. In some situations it becomes necessary to pursue legal options in order to obtain justice. Brown Kiely has skilled attorneys on staff who can meet with you to discuss your case. Call us to request a no-charge, confidential consultation.

A Law Firm Bethesda MD Victims Trust

Call Brown Kiely at 240-220-9923 to speak with an experienced attorney from a law firm Bethesda MD residents turn to when they want justice.

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The Importance Of Hiring A Business Lawyer

Business Lawyer

If you’re a business owner or entrepreneur, you know that the success of your company depends on many different factors. One of those factors is having a good business lawyer on your team. A skilled business lawyer can help you navigate legal challenges and avoid costly mistakes. There are many tasks that a business lawyer can do for you.

Incorporation and entity formation

One of the first things a business lawyer can help you with is incorporating your business or forming an LLC or other type of entity. One of the benefits of having a lawyer is that they can advise you on the type of entity that you should set up for your business.

Contract drafting and review

Contracts are an essential part of any business, and a business lawyer can help you draft contracts that protect your interests and avoid legal disputes. Contracts can be tough to figure out, so a lawyer can offer you important advice that can help you better understand them.

Intellectual property protection

Establishing trademarks and copyrights are critical parts of a business, and a skilled lawyer can help you set them up properly. A business lawyer can help you navigate the complex world of intellectual property law and file the necessary paperwork to protect your IP.

Employment law

You will need to hire more employees as your business expands and evolves over time. A business lawyer can help you navigate the many employment laws that govern hiring, firing, and everything in between. They can also help you draft employment contracts, non-compete agreements, and other important documents.

Business disputes

Disputes are inevitable when you are a business owner, but the more efficiently that you can resolve them the better. A business lawyer can help you navigate disputes with customers, suppliers, or other parties, and can represent you in court if necessary.

Regulatory compliance

Depending on the nature of your business, you may be subject to a variety of regulations at the federal, state, and local level. With a business lawyer’s help, you can better understand these changing regulations and keep your expenses low by avoiding unnecessary fees.

Mergers and acquisitions

A lawyer can help you understand the complex processes and requirements related to different types of transactions. They can help you draft and negotiate purchase agreements, conduct due diligence, and ensure that the transaction goes smoothly.

Real estate transactions

Commercial real estate can be a confusing topic to understand, but a lawyer can help you become more familiar with how they are conducted. They can help you negotiate leases, purchase agreements, and other real estate transactions, and ensure that your interests are protected.

Tax law

Taxes can be challenging to do on your own, even if you have a small business, but a lawyer can guide you through the process and ensure that you have everything you need. They can advise you on tax planning strategies, help you understand your tax obligations, and represent you in disputes with the IRS.

Corporate governance

As your business grows, you’ll need to establish clear governance structures to ensure that the company is run efficiently and effectively. If you need help with things like bylaws or creating a board of directors, you can count on a business lawyer to take on such tasks.

The role of a business lawyer is critical, whether you are a new business owner or have been operating your business for many years. Whether you’re just starting out or you’re a seasoned entrepreneur, a skilled business lawyer can help you achieve your business goals and protect your interests. Contact a qualified lawyer near your area now if you need urgent legal help.

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Small Business Lawyer Hiring Considerations

Small Business Lawyer

Without the right small business lawyer by your side, starting a small business can be like navigating unfamiliar territory. It requires a lot of planning, strategizing, and legal know-how that you may not have. That’s why it’s essential to consider hiring a small business lawyer who can provide you with advice and assistance throughout the entire process. But how do you go about finding the right lawyer for your needs? Here are some things to consider when hiring a small business lawyer.

Research Your Options

When looking for a small business lawyer, take your time to research your options thoroughly. Look at law firms specializing in business law and read reviews from past clients. Ask around your network and see if anyone has recommendations or advice on which lawyers they’ve worked with successfully before. Speaking with people who have been through the same process can help narrow down your choices and give you more insight into what to expect when working with each firm.

Knowledge And Skill Sets

It’s essential to choose a law firm that specializes in business law so they can provide you with the most up-to-date information and best advice for your specific situation. They should know all areas of corporate transactional law, including formation, registration, compliance, contracts, negotiations, mergers & acquisitions, real estate transactions, tax matters, dispute resolution & litigation, and more.

Personality

When selecting a small business lawyer, it’s also essential to consider their personality as this will determine how comfortable you feel working with them over time. A good lawyer should be able to communicate clearly and concisely without using complex jargon or legal terms that leave clients confused and overwhelmed. They should also be personable, you don’t want someone who makes you uncomfortable or anxious when discussing sensitive topics like legal matters! It’s also beneficial if they have an established network of contacts in case additional support is needed during some instances, such as filing patents or trademarks, etc. Lastly, ensure that your potential lawyer is honest about their capabilities and limitations so that you know what kind of services they can provide upfront before making any commitments or decisions regarding the representation.  

Fee Structure

The fee structure is also essential when choosing a small business lawyer. Different firms will offer different fee structures based on their services and what works best for their client’s budgets. At Perez Mayoral P.A., our team understands that budgets are tight for many startups and businesses, so we work closely with our clients to ensure that our fees are fair and reasonable while providing top-notch service customized to their needs. We also offer flexible payment plans so our clients can easily manage their budgets without sacrificing quality representation from experienced attorneys.

Hiring the right small business lawyer is one of the most critical decisions you will make when starting or growing your company, as it can have long-lasting effects on its success or failure. Taking the time to research your options carefully will help ensure that you find one that meets all of your needs while still staying within budget – like Perez Mayoral, P.A.., where we specialize in corporate transactional law while offering flexible payment plans designed specifically for startups and businesses on tight budgets! 

Contact us today for more information!      

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6 Common Mistakes To Avoid In A Nursing Home Abuse Case

Nursing Home Abuse Lawyer

When people place their loved ones in nursing homes, they expect for them to be taken care of. Unfortunately, this does not always happen. Some nursing home staff members may abuse or neglect residents, leaving them with physical and mental injuries. If you believe that your family member has suffered harm in a nursing home, you may want to call a lawyer as soon as possible.

Here are some common mistakes that you should avoid in a nursing home abuse case.

Confronting the People Who Are Abusing Your Loved One

If you have just discovered that your family member is being mistreated in a nursing home, you have the right to feel angry and upset. You may be tempted to confront the abusers and give them a piece of your mind. However, you should avoid doing this. If the abusers hear that you may be pursuing a lawsuit, they may leave town or try to destroy evidence.

Waiting Too Long to Take Action

If you suspect that your loved one has suffered abuse in a nursing home, it is important to take quick action. You only have a limited amount of time to file a lawsuit. In California, the statute of limitations to bring a nursing home lawsuit is two years.

Not Getting Your Loved One Immediate Medical Care

If you think that your family member has suffered injuries in a nursing home, the professionals may advise you to get him or her immediate medical care. A doctor should properly diagnose your loved one’s injuries and recommend a treatment plan. If you delay medical treatment, your family member’s injuries could worsen. It may also be more difficult to prove nursing home abuse without prompt medical care.

Failing to Gather Evidence

A nursing home abuse case is only as strong as its evidence. As such, you should collect as much evidence as you can before it gets destroyed. For example, if your loved one is being neglected and the nursing home has unsanitary conditions, like dirty floors or unclean bathrooms, you should take photos of those conditions immediately. The more evidence you have, the better.

Signing an Arbitration Agreement

Nursing homes often want to settle disagreements quickly and ask people to sign arbitration agreements. This isn’t something that you should do. Arbitrators often favor nursing homes, so your family member may not be getting a fair deal.

Not Hiring a Lawyer

Nursing home abuse cases can be quite complex. Therefore, it may be in your best interest to hire an experienced nursing home abuse lawyer. A lawyer knows the true value of your loved one’s case and will handle the negotiation process with the insurance company. He or she will not let your family member get taken advantage of by the insurance company.

If you want to file a nursing home abuse claim, you should schedule an appointment with a reputable lawyer today to talk about your case in detail.

Schedule Your Free Consultation Today!

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