Frequently Asked Questions

Q. What should I do if I believe that my loved one has been the victim of abuse or neglect in a nursing home?

A. If you suspect abuse or neglect, its important too act immediately.

1. Report your concern to the Director of Nurses in the nursing home.

2. Contact the Texas Department of Aging and Disability Services (“DADS”) [formerly known as Texas Department of Human Services or TDHS] and make a complaint. Call the “DADS Hotline” at
(800) 252-2412. You may also wish to report your concern to Adult Protective Services at
(800) 252-5400.

3. Begin making arrangements to move your loved one from the abusive environment. In this regard, consult www.medicare.gov and, under the “Search Tools” heading, click on “Nursing Home Compare.” This site will assist you in comparing the strengths/weaknesses of nursing homes in your area.

4. Call the Law Offices of Glenn W. Cunningham (210-228-0600) for a free consultation. Glenn Cunningham will help you evaluate your options.

Q. What should I do if I have been injured?

A. First, obtain the medical care you need. It seems obvious, but many people forego medical help due to financial and insurance concerns. If you need medical care, go immediately to your local hospital or see your doctor without delay. Protect your health. Insurance companies try to convince juries that no medical treatment means no injury was sustained. Failure to obtain timely and appropriate medical care may seriously impact your health and may compromise your legal standing to recover for your injuries. Second, call the Law Offices of Glenn W. Cunningham (210-228-0600) for a free consultation. Glenn Cunningham will help you evaluate your options.

Q. How soon after I have been injured do I need to file a lawsuit?

A. Every state has certain time limits, called “statutes of limitations,” which govern the amount of time you have to file a personal injury lawsuit. If you miss the deadline for filing your case, your claims can be dismissed and/or forever barred. For most personal injury claims in Texas, you have two years from the date of injury to file a claim. However, there are exceptions to this general rule. Consequently, it is imperative that you talk with a lawyer as soon as you receive or discover an injury.

Q. How much will it cost me to pursue a claim?

A. The Law Offices of Glenn W. Cunningham will enter into a “contingency fee” contract with you. This means that you do not pay Glenn Cunningham by the hour for his legal services. Rather, you pay Glenn Cunningham a percentage of the gross recovery from any settlement or judgment received at trial. If Glenn Cunningham doesn’t provide you with a recovery, he does not get paid – and you owe nothing.

In addition, as part of the contingency fee contract, Glenn Cunningham will advance all of the costs and expenses necessary to investigate and prosecute your claim. If there is a recovery from any settlement or judgment at trial, then you would reimburse Glenn Cunningham for the costs and expenses he advanced from that portion of any net recovery that is payable to you. But, again, if Glenn Cunningham doesn’t provide you with a recovery, you do not owe him for his time and/or the costs and expenses that he advanced.

Q. I’ve heard that the Texas Legislature recently passed a cap to limit non-economic damages in medical malpractice and nursing home negligence cases. But, that cap only applies to “frivolous” or “junk” lawsuits, right?

A. Wrong! The cap that the Republican-controlled Texas Legislature passed during the 2003 legislative session applies to ALL medical and nursing home negligence cases – regardless of how meritorious the case is! What’s worse? The cap on non-economic damages (things like pain and suffering, disfigurement, mental anguish, physical impairment) is only $250,000 in most cases. This means that, even if a jury awarded $3,000,000 to compensate the victim in an egregious and horrible case of nursing home abuse and neglect or medical malpractice, the verdict would get reduced to $250,000 in most cases.

If you think this is unjust – write your State Representative and State Senator TODAY.