Affirmative defenses to nursing home abuses cases in Chattanooga present many difficulties for people who not well-versed in the law. These defenses state that while the wrongdoer may have acted negligently, he or she did so because of the circumstances in that given moment. These defenses are tricky because they hold water in court and could prevent a wrongdoer from having to compensate victims of negligence or abuse. Because of this, you need to consider retaining the services of an attorney. We all know that our loved ones deserve the best, and when they are neglected, it becomes frustrating to find ways to right these wrongs. Reach out to an attorney who could help you hold negligent parties accountable and avoid affirmative defenses.
What Affirmative Defenses Are and How They Work in Nursing Home Abuse Claims
An affirmative defense is a position that a defendant takes that says there were circumstances surrounding the actions of the defendant or the claim itself that negate civil claims. Often, these defenses are used when the alleged wrongdoer admits to some form of negligence but states that he or she had a reason for acting in the way that he or she did. This could involve claims of self-defense.
Every time a nursing home abuse lawsuit is filed in a court, almost always, a defendant hires an attorney who asserts affirmative defenses. So when that case goes to trial, the victim’s attorneys have to deal with those affirmative defenses and prevent the wrongdoer from using those affirmative defenses to win the case.
Common Affirmative Defenses
Common affirmative defenses in nursing home cases have to deal with the circumstances in which the wrongdoer acted. Some of the more common forms of affirmative defenses include:
- Duress
- Entrapment
- Necessity
- Insanity
- Self-Defense
While almost always defendants admit that they acted in the manner they are accused of, they also alleged that they acted in that way given the circumstances at the time.
Speak with an Attorney Who Could Combat Affirmative Defenses
If a person does not have an experienced nursing home abuse law firm, his or her case could easily be lost because there are a lot of technical details that must be complied with. The consequences of not adhering to these little details could result in a dismissal.
Victims or loved ones of victims have to make a certain that they are able to prove their case when going to trial, and if they do not have an experienced nursing home abuse law firm, people would find themselves unaware as to how to prove negligence.
Even if they do get to trial, people with a claim would likely lose based on the affirmative defenses at trial because those affirmative defenses have to be handled in a skillful manner. Defense teams are well aware of the options they have at their disposal to prevent any sort of compensation from reaching the people who need it. Because of these affirmative defenses to nursing home abuse cases in Chattanooga, victims need to have an attorney. Call today to schedule your consultation with a lawyer.
