Colorado Nursing Home Abuse Lawyers - Frequently Asked Questions
What is the contingency agreement?
I represent people on a contingent basis. I am compensated only from the proceeds that I obtain for you in settlement or after litigation. My standard percentage is 35%. Some lawyers charge a little less. Some charge more. If I take your case it is because I believe that I can help you win it. I am willing to take the risk of losing my time if I cannot.
What is expected of us?
That you be reasonable people. That you listen to and carefully consider our advice. That you be yourselves. That you help us figure out everything important that you and others available to you know about the case. That you support the case work we do and help us when you can, getting records, contacting witnesses and doing other things that we need.
What should we do if we are not yet sure that we want to do anything legal?
Even if you never do anything about it, document what has happened that is concerning you while it is happening. I can’t tell you how many people wish they had. Photograph and video what you are seeing. If there are pressure ulcers, bruises, fractures or people sitting in their wastes or covered in urine, document this. Use high quality 35 mm cameras or digital. A picture can be worth a lot more than a 1000 words. Consider videoing or tape recording where appropriate including having your loved one say what happened if you are worried that they might not make it to tell their story.
What should we bring with us?
Everything that you have. From bills from Medicare to current photographs to records. X-rays are often of great value. Hospitals and clinics will copy them cheaply, often for 5 to 10 dollars a sheet. The technicians can help you decide if you need them all. If we think we need more, we can get them. Pictures showing the family’s history and closeness are also important as are pictures showing your loved one’s functional status or demeanor before injury. Please bring facility brochures and contracts you have signed as well as power of attorney, guardian and conservator documents.
Can I call you?
Of course. Please do. If something happens in your case, you will hear from us right away. It is hard to respond perfectly at all times but we try very hard to respond promptly. My view is that you are calling because something important has occurred or you need to know or understand something or you have something to contribute. My staff, Tommy Carson are encouraged by me to find out exactly what you need or want us to know. Please tell them what you want to tell me if I am not there. They tell me and I get back to you faster if I am not available at the time, which happens when I am in the litigation or trial process.
Are there caps on what we can claim?
Usually but not always. Negligence claims are governed by the Health Care Availability Act which currently caps claims for pain and suffering, including family wrongful death claims at $300,000 – as of July 1, 2003. Some cases are so egregious that punitive damages may be available. Some case involve patterns of misconduct significantly impacting a number of residents making deceptive trade practice claims possible where the facilities broadly falsely represent their services in order to lure in residents and their families. Some cases involve outrages conduct
Can we sue them so that this will never happen again?
You probably cannot. All of us collectively may be able to do so. If these facilities cannot afford to operate, they will stop operating. But your individual case cannot do it alone. The country has tolerated this scandal for almost 40 years, since Medicare was created in 1965. We need to rethink the models of care for elderly and disabled persons which over rely on unfeeling, generic programming administered mostly by poorly paid, severely over worked CNA’s which fits no better than very ill fitting clothes. Who amongst us goes through their lives hoping to end up eating cold food and living in small rooms with hard linoleum floors and bedrails on a high bed from which we can fall with roommates next to us who are in pain or suffering? The average length of stay is one and one half years.
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