how long does a lawsuit take? a nursing home negligence case...how does the monies get split with the kids?
594952
Good for you.I am glad you are taking action.My dad is in a nursing home and they are all bad places.The patients don't get fed all their meals,they are left wet,the are abused both verbally and physically.The pick on the most vulnerable.These nursing homes esp. the ones with the rehab centers are breaking medicare and you and I won't have any retirement money.They are big business and making a living off these folks.Your attorney will try to get a settlement and the nursing home will probably not want to go to court to keep out of the news.The nursing notes will be especially important and don't be surprised if they try to change them.They will also look at the physician's progress notes.You should have gone to the nursing home and requested to see her chart they have to let you and you can get copies for a small copying fee.You'll need help from her doctor.Your attorney will need a legal nurse consultant who can testify that she had negligent care,someone who is a expert in long term care.They are short staffed and don't give a damn about the patients.They are out to make money off this vulnerable population.Write your congressman.Good Luck I hope you win big time.
314674
nah you have to find the minor and set him/her straight, the parents have nothing to do with this besides the fact that they raised a crappy kid. sueing the parents will just get you easy money, but you need to find the minor and throw him/her boot camp.
324229
Is it past the statute of limitations on verbal agreements in your state. If not you probably could win at least part of it but than you have to figure out how you are going to collect it. It is not the duty of the court to make him pay you.
1008015
"The judge is not sure if she can overrule jurisdiction because the children do not reside in that county anymore."\n\nPrecludes providing you with any relevant answers in this forum.\n\nGiven the obvious complexity of the case, you would be extremely foolish to follow advice given over the Internet.\n\nSave  your money and hire a lawyer.
314242
I have been divorced 7 years and have received about $1000 dollars from my ex-wife. I have raised my son and daughter since they were 12 & 6. My son is now on his own and of course my daughter is still home. I have taken my ex to court 5 times and she still won't pay (it has cost me about $1,500). I have taken the action on my own since she doesn't seem to care. I made up excuses why they couldn't go over but soon relized that she didn't want to go to jail so she didn't do much. It is up to the courts to decide the ultimate outcome. Your children will figure out what is going on as they get older. I found out by speaking positive things about their mother all these years helped me not look like the bad guy. My children now understand what kind of person their mother is on their own. I pray for people like us to prosper in all ways despite having a parent not caring for their own children. GOD BLESS
250247
There is a statute to limitations, and in most states it's 7 years. Meaning after 7 years it's too late to file a claim against you.
545826
I read the rest of your other question and you definitely need an attorney asap! Your attorney can find out who her attorney was by a click of the mouse. Your lawyer can put in an order to have EVERYTHING frozen until you guys go to probate court. It is a really long process it can take years sometimes, but he will be ordered not to do anything with any of her property or else he will have to answer to the court. Also, if he sells any property before any paperwork can be filed, your people can find it. We are going through a similar situation and the judge has seized everything from this family member and there is at least 36 million sitting in an escrow account waiting to be disbursed. They had bought houses and property for their own kids and they have tracked down every financial move she has made over the last several years. This has been in court for around 3 years now. No matter what type of property it is, probate court always takes time.
910338
Hmm, my guess is see if there were any newspaper reports as to when the court hearing will be or to just contact a local court house and ask them how to gain this information.\n\nGood luck!
346816
the attorneys will let you know.\nit takes years,especially if it is simple exposure and how massive of exposure.\nmy dad died of mesothelioma,so depending on what is being filed and extent of exposure it may be waiting for cause and proof from death also.\nthere are so many in bank ruptcey that it will take awhile for the judges to distribute settlements from the assets of the companies also.\nif it is going to the estate then the executor should have the information,usually they will only speak to this person also
30742
Hello there,\n\nANY nursing home SHOULD notify the patient's family for any changes or any incidents that occured to the patient. It is illegal otherwise. Speak to a lawyer about your situation. \n\nGood luck.
731441
Call a good medical malpractice lawyer and tell him/her your story.  You will need money to help pay for his ongoing care.  I hope that everything works out for you.
224760
I have been dealing with this same situation here in Mason county W.V. I have contacted several Lawyers and not one will take my case because the lawyer say they won't go up against Child Protective Services (C.P.S.)because they say "YOU DON'T BITE THE HAND THAT FEEDS YOU" all the lawyers and the judges and the C.P.S. workers are all in a vicious circle that no one can break, C.P.S. workers get a cash bonus for every child that is removed from their home, and the state gets government funding, for these children, that is why C.P.S. does not want a family member to be able to take the children, because that would make them lose their funding. That is why I say that C.P.S. kidknaps our children and grandchildren and holds them hostage for government funding, that is kind of like the state is selling these children, it is a money making racket, and the state TARGETS people that are not financially able to fight them. when we do try and fight them they just physically and mentally and financially DRAIN us. You might want to contact some support groups for grandparents they can help. Also please check out this web site: www.fightingcps.com   They can tell you what you need to do to try and fight these VULTURES! that just prey on our children. Good Luck! you are going to need it, it is going to be a long and rough battle, a frustrating and confusing time is ahead for you, PLEASE keep fighting don't ever give up the fight, you are not only fighting your battle but you will be fighting for everyone that is going through this terrible, terrible situation that evryone in every state is going through. When this started for us we thought we were alone in this situation, well when I started my research it is happening everywhere, so you are not alone. Please feel free to contact me at anytime at   frustrated_trouble@yahoo.com   I will look forward to hearing from you. Again Good Luck! you are going to need it. It would be a real good thing to try and get a news paper to do your story or maybe even the T.V. news. Please stay in touch. God Be With You
676089
oh my gosh I have worked in nursing homes my whole working life until recently when it became too much trouble. That is a lot of work and more trouble than it's worth.  There are so many rules and regulations and all the families feel guilty for not caring for the person so they take it out on the facility.  Right now on any channel lawyers are encouraging people to sue nursing homes.  I say let people take care of their own family members and in a couple of years when the baby boomers are all nursing home age their attitude will change then open a nursing home.
807575
Social Security is not means dependent & doesn't "take" anything.\n\nIf she signed an agreement to pay the nursing home, she is responsible or they'll kick him out.  \n\nIf she is NOT liable she or they will have to find him a facility that will take medicaid.  Medicaid WILL impose a lien on his house if it is in his name. \n\n"He gave her the house. . . " is too vague.  If he deeded it to her that long ago it is probably safe from a Medicaid lien.  If he did not give it to her by deed, then it will either preclude his medicaid eligibility or be subject to the Medicaid lien.   If they try to deed it now, it is too late; he'll lose his Medicaid eligibility.\n\nThis is a case where she must talk to a lawyer who deals with wills & estate or an specialiizes in "eldercare" before she does anything.
935556
Tell her to immediately get on the phone and report that information to child support enforcement without delay!! Also make sure she doesn't mention that she is interested in finding out if the support cvan be garnished from it to the child's father because he may try to hide it or be more secretive. Tell her prior to calling try to find out from him who the insurance compnay is that he sued, that way when she contacts enforcement they will know what insurance agency to contact to put a garnish on it. I know it can be done, because my ex husband was hit by a car as a pedestrian and he was warded money. They took it and because he has such a history of not paying they even took out a year's worth of ADVANCE payments. Hopefully there is still some time before the insurance company pays to allow for enforcement to contact the insurance agency and to allow for them to get the petition to granish over to a judge to get signed. She needs to take advantage of this quickly before he gets that check and cashes it and it's too late for her to lay claim. If for some reason your state doesn't allow support to be garnished from a settlement, which I don't see why not, then she needs to make sure once she knows he has endorsed that check that she stays on enforcement's back of pursuing him to comply with child support...I'm sure if they don't garnish his check, once he cashes it and he has a choice of jail or paying a 5th of his check to support, he'll choose to pay.
1092496
Well unless she has a business attachment to her homeowners they will not pay for any injury done at the home for a daycare.  Only covers guest, not customers,  she would have had to pay an additonal premuim to have coverage for a buisness on her homeowners.\n\nNext if the day care was at fault just sue her,  small claims court will be fine,  if she has any insurance, she will turn it over to them, if not, you will win a judgement against her.\n\nOf course there has to be some fault or neglect, if your daughter merely feel or had an accidnet not the daycares fault, they are not really liable for anything
1007956
Get to an elder law attorney TODAY to make sure that you can take this money in such a way that it is not reachable by Medicaid liens.  You may have to disclaim the inheritance (and you should if a Medicaid lien threatens to take a large portion of it).\n\nAnd, if a relative is on Medicaid, please, please see an elder law attorney to write your will in such a way that it doesn't hurt them.