When you place your loved one in a nursing home, you trust the facility to provide safe, dignified care. When staff members mistreat vulnerable residents or ignore their needs, taking legal action can provide a powerful sense of accountability. If you’re concerned that the people responsible for your loved one’s care have caused harm, understanding how to file a nursing home abuse lawsuit in Colorado may be your next step.
This guide provides clear, step-by-step instructions on suing a nursing home for abuse. When you’re ready to get started, Olson Personal Injury Lawyers is here to explain your options and help you move forward with legal action.
Recognize and Document the Abuse
The first step in protecting your loved one is understanding what abuse looks like. It can take many forms, including:
- Physical abuse, such as hitting, pushing, improper restraint use, or rough handling
- Emotional abuse, such as threats, humiliation, intimidation, or forced isolation
- Financial abuse, such as stealing a resident’s money or pressuring them to change legal documents in the abuser’s favor
- Neglect, such as failing to provide adequate food, hydration, hygiene care, socialization, supervision, or medical treatment
Nursing home abuse and neglect are not always obvious—in many cases, they appear as subtle patterns of deterioration or changes in a resident’s condition. Warning signs may include unexplained injuries, weight loss, bedsores, poor hygiene, untreated infections, social withdrawal, fearfulness, or unusual financial activity.
If you suspect something is wrong, begin documenting your concerns right away. Write down dates, times, and detailed descriptions of what you observed. Take photographs of injuries or poor living conditions, and hold on to any medical records related to the mistreatment. This documentation can serve as the foundation of a strong case against the facility.
Report the Abuse to Authorities
Call 911 if you believe your loved one is in immediate danger. Law enforcement can intervene quickly and protect the resident from further harm.
If you suspect mistreatment but the situation is not urgent, call the Colorado Adult Protective Services intake number for the county department of human services where the nursing home is located. For example, you can call (720) 944-3000 to report elder abuse in Denver County. Some other commonly used intake numbers by county include:
- El Paso County: (719) 444-5755
- Arapahoe County: (303) 636-1750
- Jefferson County: (303) 271-4673
- Adams County: (720) 523-2057
- Douglas County: (303) 663-6270
- Weld County: (970) 400-6700
- Logan County: (970) 400-6700
- Kit Carson County: (844) 264-5437
- Kiowa County: (719) 438-5541
- Lincoln County: (844) 264-5437
Be sure to report your suspicions as soon as possible. Quick action prompts an official investigation, which can protect your loved one and other vulnerable residents if authorities confirm that abuse is occurring in the facility. Making a report also creates a formal record of the misconduct that can support a future lawsuit.
Contact a Trusted Nursing Home Abuse Lawyer
Once you’ve taken the initial safety and reporting steps, speaking with our Denver nursing home abuse lawyers can help you evaluate your next steps. We can set up a free consultation to review the facts of your case, explain your rights, and outline your legal options.
If we believe you have a strong nursing home abuse case, we’ll be ready to guide you through each step of the process. Our attorneys may investigate the facility’s conduct, gather evidence, consult medical experts, and communicate with insurers or defense attorneys on your behalf. We’ll negotiate for a fair settlement to try to resolve your case without court involvement, but we’re prepared to file a lawsuit when necessary.
File a Nursing Home Abuse Lawsuit
Filing a lawsuit is the next step if the nursing home or its insurer refuses to settle for what your family deserves. The process begins with preparing and submitting a formal complaint in the appropriate court.
The complaint outlines the abuse your loved one suffered, why the facility is responsible for the abuse, and what damages we’re seeking compensation for. Once we file the complaint, a third-party individual will formally serve the nursing home with notice of the lawsuit.
The statute of limitations for nursing home abuse in Colorado limits the time you have to take legal action. In most Colorado personal injury cases, including nursing home abuse claims, you have two years from the date of injury to file a lawsuit. The “discovery rule” may extend the filing deadline if you didn’t learn of the abuse until a later date.
Either way, missing your case’s deadline can prevent you from recovering compensation, so it’s important to act quickly if you suspect you have a case. Our Colorado nursing home negligence attorneys will move efficiently to prepare and file all the necessary paperwork and make sure you don’t lose your right to seek accountability.
Nursing home facilities must be held accountable for failing to provide proper care. If your loved one has experienced neglect or abuse, you can seek justice on their behalf. Contact us to discuss your legal options.
Next Steps After Filing
After we file your lawsuit, the case will enter the discovery phase. Discovery is a formal, court-supervised process where both sides exchange evidence.
Our attorneys may serve written interrogatories, which require the nursing home to answer detailed questions under oath. We may also submit requests for the facility to turn over internal documents such as medical records, care plans, staffing schedules, incident reports, staff policies, and training materials. Additionally, we may take depositions of staff, administrators, or other witnesses regarding your loved one’s care.
Once each side has sufficient evidence, we may meet again to attempt another settlement negotiation. If the nursing home offers fair compensation at this stage, we may resolve the case without going to trial. If not, we’ll prepare the case for trial and represent you before a judge or jury, who will decide whether to award compensation. No matter how your case progresses, our team will keep you informed and advocate for your family’s best interests at every stage.
Types of Compensation Available in a Nursing Home Abuse Claim
If your loved one suffered harm in a nursing home, a lawsuit may allow you to seek compensation for the losses they experienced. These may include a variety of economic and non-economic damages, such as:
- Past and future medical expenses for any care necessary to treat injuries or infections related to the mistreatment
- Pain and suffering for the physical discomfort your loved one has suffered because of the abuse or inadequate care
- Emotional distress for the psychological effects of the mistreatment, including anxiety, depression, or trauma
- Loss of enjoyment of life for the ways the resulting injuries impact your loved one’s ability to participate in activities they once enjoyed.
Some cases also qualify for punitive damages. These are meant to punish the nursing home for its extreme recklessness or intentional harm.
Each case is worth a different amount. Your loved one’s damages will depend on factors such as the severity of the abuse, the extent of its impact on the victim, and the strength of evidence supporting the claim. When you choose us to represent your family, we’ll carefully evaluate every category of past and future damages and advocate for the full amount of compensation your loved one is entitled to.
Contact Our Nursing Home Abuse Lawyers To Start Pursuing Accountability
Don’t wait to explore your legal options if you suspect your loved one has suffered mistreatment in a nursing home. State law limits the amount of time you have to file a nursing home abuse lawsuit in Colorado, and quick action can preserve your right to hold the facility accountable for the harm it’s caused.
Olson Personal Injury Lawyers is dedicated to fighting for justice for vulnerable residents and their families, and it shows in our testimonials and case results. We’re ready to listen attentively to your family’s story and provide unrivaled representation at every stage of your case. Contact us online or call (970) 633-3673 to start moving forward with a free, confidential consultation.
