Suing a Nursing Home for Negligence

Can You Sue a Nursing Home for Neglect?

Suing a nursing home for negligence may be an option when a facility’s failure to provide proper care leads to injury or serious harm.

Taking legal action against a nursing home, assisted living facility, or other long-term care facility is a way to seek justice for your loved one’s suffering.

It can also help encourage better care standards. By suing a nursing home for negligence, you may be able to secure financial compensation to help cover the costs that often arise after a frail loved one is harmed.

“You do not need to have proof before speaking with a nursing home neglect lawyer. If you’re concerned that something is wrong, that’s enough to start the conversation.”

– Ricky LeBlanc, Nursing Home Lawyer

Remember: it’s important to act quickly when a loved one is being neglected. Call 911 in the event of a medical emergency. When your loved one is safe, reach out to us to see if suing a nursing home for negligence could be an option for your family.

The Nursing Home Abuse Center partners with a nationwide network of experienced nursing home law firms. As of 2026, they’ve recovered over $318 million for families harmed by nursing home neglect.

Get a free case review right now to find out if we can help your family, too.

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Fight back against nursing home abuse and neglect — start now with a free case review.

Start My Free Case Reviewor call (855) 264-6310

How Much Can You Get for Suing a Nursing Home?

Each case is different, so nursing home case values vary. The amount of money you could receive from suing a nursing home for negligence depends on factors unique to your case, like the extent of harm your loved one suffered.

Average nursing home neglect settlements and verdicts award about $400,000, according to a study by the medical journal Health Affairs.

Our legal partners secured these nursing home lawsuit awards:

For many families, working with an experienced nursing home neglect lawyer helped increase their payout.

Call us at (855) 264-6310 or Click to Live Chat to find out if we can connect you.

Suing a Nursing Home for Neglect vs. Abuse

Nursing home abuse occurs when someone intentionally harms a resident of a care facility. Nursing home neglect is usually not intentional, but it can be just as harmful.

Neglect is a form of abuse. They share common causes, like negligent hiring practices, lack of staff training, and understaffing.

In cases of neglect, nursing homes may fail to:

• Care for wounds, especially stage 4 bedsores
• Change a resident’s clothes or bedding
• Comply with laws on using physical or chemical restraints
• Ensure residents are protected from burns or scalding injuries
• Give residents enough food or water, leading to dehydration or malnutrition
• Help residents when they ask for assistance
• Keep the nursing home clean and safe
• Prevent unsafe wandering or elopement (exiting unnoticed)
• Uphold staffing levels required to provide proper care

Neglect in the facilities families count on to provide proper care is never acceptable. Don’t let your loved one’s suffering go unanswered.

Get a free case review right now to find out your options for filing a nursing home negligence lawsuit.

Reasons to Sue a Nursing Home

Nursing homes must provide safe care and protect residents from preventable harm. When they fail, and a resident is injured, families have every right to take legal action and hold the facility accountable.

“Neglect isn’t always intentional, but it’s always unacceptable. All of this comes down to attention and accountability. Every resident deserves care that protects their health and dignity.”

– Ricky LeBlanc, Nursing Home Lawyer

There are general types of nursing home abuse or neglect. Taking legal action may be possible if any type harmed your loved one. Learn more about the common types of nursing home neglect below.

Medical Neglect at Nursing Homes

This form of neglect happens when licensed staff fail to meet a resident’s medical needs, like not giving medications on time, ignoring infections, or delaying treatment after a fall or emergency.

These medical mistakes can cause serious harm or even death. When medical care falls below professional standards, it may be considered nursing home medical malpractice.

Neglect of Basic Needs

Every nursing home must provide residents with enough food, water, and personal care. Staff who ignore hygiene or leave residents in soiled clothes are neglecting basic human needs.

This kind of neglect often signals deeper issues with training, supervision, or staffing. It also violates residents’ rights to dignity, respect, and proper care, which are protected by federal and state regulations.

Neglect of Safety

Neglect of safety occurs when a facility fails to protect residents from preventable harm.

Unsafe conditions can lead to serious injuries, including:

• Bedrail injuries from entrapment, improper use, or lack of supervision
• Burn injuries from hot water, fires, or faulty equipment
• Falls in nursing homes from poor supervision or hazards in walkways
• Fractures or broken bones from improper transfers
• Head injuries from slipping or falling out of bed
• Infections that develop due to unclean or unsafe environments

When facilities fail to maintain a safe environment, residents face unnecessary risks or even nursing home neglect resulting in death. Families can take legal action to hold negligent nursing homes accountable.

How to Sue a Nursing Home for Negligence

Suing a nursing home for negligence is done through a civil lawsuit. By filing a nursing home lawsuit, you can hold care facilities accountable for harming residents.

Working with a skilled nursing home lawyer means you’ll be guided through the legal process so your family can begin to heal.

How to Prove Nursing Home Negligence

Legal action typically begins by showing that a nursing home failed to provide proper care and that this failure caused harm to a resident.

Here’s how to begin your nursing home neglect lawsuit:

1. Work with an experienced nursing home neglect attorney. These skilled personal injury attorneys can listen to the details of your case and pursue a legal claim on your behalf if you qualify. Get a free case review right now.
2. Collect evidence. Your lawyer will investigate your claim to determine how your loved one was hurt, gather facts about the case, and assess your losses.
3. File the lawsuit. Your nursing home attorney will file the lawsuit on your behalf before any deadlines.
4. Enter nursing home settlement negotiations. Your lawyer will begin back-and-forth communications with the lawyers for the care facility with the goal of securing a nursing home settlement.
5. Take your case to trial. While nursing home neglect lawsuits usually settle out of court, if an agreement is not reached, your case may go to trial for a verdict. A skilled nursing home lawyer can argue your case to help convince the judge or jury to rule in your favor.

Regardless of the specifics of your case, a skilled nursing home lawyer will fight to get you maximum compensation as quickly as possible.

Take the first step with a free consultation for a nursing home neglect lawsuit right now.

Get a Free Case Review by

Fight back against nursing home abuse and neglect — start now with a free case review.

Start My Free Case Reviewor call (855) 264-6310

Who Can Sue for Nursing Home Neglect?

Nursing home residents and close family members are usually the parties involved in suing a nursing home for negligence. However, other parties may also be able to sue a nursing home for negligence.

Those who can sue for nursing home neglect may include:

• The victim
• Family member of the victim
• Power of attorney
• Estate representative

Nursing home lawyers typically file a personal injury lawsuit when a resident has suffered injury or harm. If a loved one died from nursing home negligence, you may be able to file a wrongful death lawsuit on their behalf

Average nursing home wrongful death settlements and verdicts can reach millions of dollars in some cases.

If someone you love has experienced nursing home neglect or abuse, choosing the right attorney is one of the most important decisions you’ll make. The process can feel overwhelming, but knowing what to ask can make it easier.

Download our free checklist for hiring a nursing home attorney to get clear, practical questions that can help you find the best lawyer for your family’s case and peace of mind.

Free Nursing Home Abuse Attorney Checklist

Download our free checklist for the questions that matter most when choosing a nursing home lawyer.

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What to Expect When You Sue a Nursing Home for Neglect

Suing a nursing home for neglect means showing the facility failed in its duty of care and that failure caused real harm. Most cases follow a clear sequence once a family moves forward.

1. Free Case Review

A legal professional reviews the basic facts to understand if the situation may qualify as negligence. This first step focuses on what happened, when it happened, and whether the harm could be tied to poor care. Get your free consultation now.

2. Case Investigation

Once the attorney takes your case, they will perform a detailed investigation. This may involve:

• Gathering medical records and expert opinions
• Interviewing staff, residents, or other witnesses
• Looking at staffing levels, training procedures, and care plans
• Reviewing state inspection reports and prior violations

This phase helps build a clear picture of how the neglect occurred and who is at fault.

3. File a Lawsuit

If evidence supports the claim, your attorney will file a lawsuit against the nursing home, its parent company, or any responsible staff members. The complaint outlines what happened, the harm caused, and the compensation you’re seeking.

4. Settlement Discussions or Mediation

Most nursing home neglect cases resolve through settlement once the evidence is gathered. Negotiations focus on compensation tied to the harm caused. This may include:

• Funeral and burial expenses, if the resident died
• Medical care, hospitalization, rehabilitation, and future care needs
• Pain, suffering, and emotional distress
• Relocation costs to move the resident to a safer facility

Sometimes, both sides meet with a neutral third party to try to reach an agreement without going to court. This is called mediation.

5. Trial if Necessary

If the nursing home refuses to offer fair compensation, your attorney may take the case to court. At trial, a judge or jury will hear arguments from both sides and decide whether the nursing home is liable for neglect and what damages should be awarded.

When Should You Sue a Nursing Home for Negligence?

Suing a nursing home for negligence is easier if it’s done sooner rather than later. You might not be able to take legal action if you wait too long.

State laws, known as statutes of limitations, limit the amount of time you have to take legal action. In most states, this is usually 2 or 3 years. Generally, the statute of limitations begins to run on the date the injury or death occurs.

An experienced nursing home neglect lawyer can help you file your case before time runs out.

“You don’t need to have all the answers to take action. A lawyer for nursing home neglect​ can listen to your concerns and help determine if your loved one’s rights may have been violated.”

— Ricky LeBlanc, nursing home neglect lawyer

In general, you should reach out to a law firm as soon as you see any warning signs of neglect or abuse to seek legal advice.

Our trusted advocates can help you and your loved one take legal action. Call us now at (855) 264-6310.

Legal Help for Suing a Nursing Home for Negligence

Nursing homes and their staff are in a position of trust. When that trust is broken, it can have devastating consequences for residents and families.

If you think your loved one is being neglected or abused in a nursing home, you may need to take legal action to protect them. Suing a nursing home for negligence can help you and your family afford medical treatment and other expenses.

The Nursing Home Abuse Center has experienced legal partners who can help in all 50 states. Together, they have secured over $318 million for nursing home abuse and neglect for families across the country.

Call us right now at (855) 264-6310 or fill out this form to find out if you can file a nursing home neglect case.