If your loved one suffered abuse in their Georgia nursing home, our lawyers can help you recover compensation for their suffering and losses.
Pintas & Mullins Law Firm has recovered millions of dollars for our clients who suffered nursing home abuse, and we want to help you. We offer free, no-obligation consultations and do not take any payment upfront or out of pocket.
Awards in a Nursing Home Abuse, Neglect, or Exploitation Claim
Every nursing home abuse case is different, and the settlement that your loved one could be entitled to depends on their specific circumstances. Some common awards may include:
- Pain, suffering, or trauma inflicted on your loved one from abuse, neglect, or exploitation.
- The cost of your loved one’s time spent at the nursing home.
- The cost of your loved one’s medical bills or therapy.
- Any valuables stolen, funds withdrawn, or fraudulent charges levied against you or your loved one in the case of financial exploitation.
Your loved one could be entitled to additional awards depending on the circumstances of their case. These are just some of the basic awards they could be eligible to receive.
How a Georgia Lawyer from Our Team Can Help in a Nursing Home Abuse Case
If you believe that your loved one’s nursing home abused, neglected, or exploited them, your loved one could be entitled to compensation covering direct and indirect losses. Our team can help you pursue these awards by:
- Meeting with you and your loved one to discuss the signs of abuse, neglect, or exploitation and collect any evidence of wrongdoing in your possession.
- Interviewing staff, residents, and others who may know about the abuse, where we are permitted, and documenting their accounts for use at trial or in settlement negotiations.
- Obtaining any available videotape of abuse, neglect, or theft.
- Relying on medical professionals and those who specialize in abuse, neglect, or exploitation cases as witnesses at trial.
- Initiating legal action and handling all legal responsibilities from our initial meeting until completing a settlement or judgment.
- Protecting you and your loved one’s rights throughout the entire legal process.
It never hurts to have the assistance of our Georgia nursing home injury lawyers when trying to prove abuse, neglect, or exploitation of your loved one. Our team will handle your case from start to finish to secure financial compensation for your loved one’s hardship.
How We Settle Nursing Home Abuse Cases
Pintas & Mullins Law Firm aims to settle cases before filing a lawsuit and taking a case to court. This is because settling cases out of court is cheaper, less time-consuming, and easiest for all parties involved—even the nursing home.
However, sometimes the nursing home or their liability insurance company will not negotiate in good faith. If that’s the case, we will do everything in our power to get your compensation, including arguing for you at trial.
Statutes of Limitations on Nursing Home Abuse Cases
The following are time limits we must follow to recover compensation for you:
Nursing Home Negligence or Abuse
- We have two years from when you discovered or should have discovered the injury to file a lawsuit.
- We must bring claims for loss of consortium within four years (OCGA §9-3-33).
- Two years from the date of death or injury.
- We cannot bring an action more than five years after the injury occurred.
- When a foreign object inside the body is involved, we must file the case within one year of discovering the object, per OCGA §9-3-71.
- $250,000 cap on punitive damages unless drugs or alcohol or intentional harm are involved, per OCGA §51-12-5.1(f).
- We cannot bring a lawsuit more than two years from the date of death.
- In most medical malpractice cases, the statute of repose is five years after the date that the negligent or wrongful act or omission occurred.
- No caps, per OCGA §51-13-1.
- Punitive damages are not available for claims brought under the wrongful death statute.
- However, recovery under the survival statute is limited to medical and other necessary expenses resulting from the decedent’s death-causing injury. If there is evidence of conscious pain and suffering, the estate may recover for this damage and punitive damages.
According to the National Center on Elder Abuse (NCEA), an estimated one in ten adults over the age of 60 will experience some form of abuse. While nobody wants to believe that their parent, grandparent, aunt, or uncle is a victim of abuse, it could be possible.
If you have reason to suspect that your loved one has suffered some form of abuse or neglect, call law enforcement, and then call our team at Pintas & Mullins Law Firm today to discuss your case.
Elder Abuse Takes Many Forms
Because many people see the elderly as weak and less capable than their younger counterparts of defending themselves, abusers target them for abuse. Some of the most common forms of elder abuse are:
- Physical abuse
- Emotional abuse
- Psychological abuse
- Financial abuse
- Sexual abuse
- Passive neglect
- Willful deprivation
These types of abuse can impact the victim with lasting effects and even shorten their life, causing harmful conditions like depression. If your loved one is living in a nursing home, remain alert to signs of abuse or neglect.
Signs of Physical or Sexual Abuse, Neglect, and Deprivation
If you see any signs of physical abuse, neglect, or deprivation, investigate and call the authorities if you believe your suspicions have merit. According to the National Institute on Aging (NIA), some red flags or signs of elder abuse may include:
- A disheveled appearance across multiple visits.
- Seeming depression or a withdrawn demeanor.
- Repeated emergence of bumps, bruises, cuts, burns, or other signs of physical trauma.
- Falls, fractures, and broken bones occurring more than once or in a suspicious time frame.
- Sudden or unexplained weight loss.
- The presence of bedsores or lesions more than once in a short period of time.
- Withdrawal from activities your loved one once enjoyed.
- Poor hygiene.
- Recoiling when you go to touch your loved one.
- Signs of overmedication, such as abnormal drowsiness.
- Bleeding in the genital region.
Do not overlook these signs, as they can be indicators of caretakers or other residents abusing or neglecting your loved one. If you see any of them, alert nursing home staff in a written manner and then call law enforcement. Next, call Pintas & Mullins Law Firm. We can help you build a civil case.
You should also be aware of another common form of elder abuse, which is financial exploitation.
Signs of Financial Exploitation
Some find that allowing their elderly loved ones to remain in charge of their finances can be empowering. If you have chosen to give your loved one living in a nursing home a debit card or other financial means, you should be aware that some may take advantage of the situation.
Some potential signs of financial exploitation of your loved one include:
- Unexplained withdrawals from their bank account.
- Withdrawals that are larger than the usual amount, or larger than any amount your loved one would need.
- Purchases at stores where they do not normally shop.
- Unexplained and unauthorized changes to details on their financial accounts, such as an address or phone number.
- Missing valuables, such as cash, jewelry, or anything else of value.
There are few more obvious motives for exploitation than money, and if your loved one has access to finances, there is a realistic chance that they could become the target of a predator. If you suspect someone is financially exploiting your loved one, Georgia nursing home injury lawyers can help you pursue compensation. Call our team at Pintas & Mullins Law Firm today to hear how we can help. We do not shy away from tough cases.
Reporting Nursing Home abuse in Georgia
If your loved one is in danger of further abuse, call the police. You can also report the abuse to Georgia Adult Protective Services (APS). They will document the abuse and investigate (note that APS is not a first responder).
After ensuring your loved one’s safety, our team will help you recover compensation for the losses that your loved one’s abuser caused.
Gather Evidence of the Signs of Abuse if You Can
In any investigation into elder abuse, evidence is essential. If you can do so, gather evidence of your loved one’s abuse, including:
- Photos and videos
- Witness testimony
- Doctors’ statements regarding your loved one’s injuries
Why Nursing Home Residents are at Risk of Abuse
Many nursing homes are understaffed and underfunded, which leads to a host of problems for staff members and residents.
Staff members are overworked and underpaid, which causes stress and resentment. For residents, this means less one-on-one time with their caregivers because they are stretched thin. Residents who need help with eating, bathing, toileting, and other daily tasks might be neglected. At worst, the staff members’ stress leads to an abusive environment.
Do Not Wait to Call Pintas & Mullins Law Firm
In Georgia, the statute of limitations for personal injury claims, under which a nursing home abuse, neglect, or exploitation case would typically fall, is two years from when you discover wrongdoing. There are exceptions to this statute, and you should call our team regardless of the time that has passed since your loved one’s abuse.
Call our team at Pintas & Mullins Law Firm today to discuss your case. We work on a contingency-fee-basis, so you do not pay unless we win. You can get your free, no-obligation case evaluation by calling (800) 842-6336.