Nursing Home Negligence or Abuse
Statute of Limitations Ky. Rev. Stat. Ann. §§ 413.140 and 413.170
- One year from when the injury was discovered, or reasonably should have been discovered.
- Statute does not begin to run against minor or person of unsound mind until disability is lifted.
Statute of Limitations Ky. Rev. Stat. Ann. §§ 413.140 and 413.170
- One year from when the injury was discovered, or reasonably should have been discovered. Statute does not begin to run against minor or person of unsound mind until disability is lifted.
Statute of Limitations Ky. Rev. Stat. Ann. §§ 413.135 and 413.140
- One year from appointment of personal representative.
- If no representative is appointed within one year of death, statute run two years from date of death.
Damages Cap Kentucky Constitution §54
- No restriction on recovery for injury or death.
The information provided here was prepared by the Pintas & Mullins Law Firm for research and informational purposes only. It does not constitute legal advice or an attorney-client relationship. While we try to keep this information current, the law is subject to change and it may not be reflected here immediately.
The Pintas & Mullins Law Firm expressly disclaims all liability with respect to actions taken or not taken based on the information provided. If you have a legal question or problem, please consult an attorney immediately.
The elderly are prime targets for exploitation and abuse. If your elderly loved one is living in a nursing home, it is important that you stay alert to any signs that they are being abused or neglected.
If you believe that abuse or neglect is happening, call law enforcement. After doing this, you should consider whether a legal case is something you would like to pursue. If so, our team at Pintas & Mullins Law Firm can help. Call our team of Kentucky nursing home injury lawyers today to discuss your case. We do not shy away from tough cases.
Nursing Home Abuse Can Take Many Forms
While most nursing home employees are kind and generous caregivers, some may not be qualified for the position. The elderly make an easy target for those who tend to exploit others, as they may be less aware of certain forms of abuse, and may not be able to bring it to the attention of their loved ones.
Abuse and neglect can occur in many ways, and the three most common forms of nursing home abuse or neglect are physical, psychological/emotional, and financial.
Signs of Physical and Emotional Nursing Home Abuse or Neglect
Sometimes your loved one and their caregivers just have a bad day, but if you see persistent signs of elder abuse that make you feel uneasy, something serious may be wrong. Some signs of physical and/or emotional abuse and neglect in the elderly include:
- The presence of bedsores, especially over the course of numerous visits.
- Unexplained weight loss.
- Withdrawal from activities that they once enjoyed.
- Apparent depression and/or confusion.
- Physical signs of fear or anxiety, such as recoiling when you reach out or rocking back and forth.
- Uncharacteristic violent or unexpected outbursts.
- Unexplainable cuts, bruises, burns or other indications of physical trauma.
- Being unkempt, such as being unshaven or having messy hair, which may be a sign of neglect if it persists.
You likely know your loved one well enough to sense when something may be wrong. If you notice these or any other signs, including indications of financial abuse, you should call law enforcement and then a lawyer.
Signs of Financial Abuse of the Elderly
Often the elderly and their loved ones want to grant them the ability to feel empowered, even if they have moved into a nursing home. One way that some choose to help their elderly loved ones feel important is by allowing them some say over their finances, but this can lead to financial exploitation.
Some potential warning signs that your loved one could be the victim of financial abuse include:
- Unexplained withdrawals from their bank account, especially during times when they were not with you or another trusted party.
- Changes to details in bank statements, such as their address, phone number, or anything that does not add up, and that you are unaware.
- Unusual credit or debit card activity, such as purchases of things that they do not have in their possession or at stores they do not typically shop.
- Missing valuables such as cash, jewelry, or anything else of value.
If you believe that your loved one has been exploited financially and you have alerted the authorities, call a Kentucky nursing home injury lawyer to help you recover your direct losses and any additional awards your loved one may be entitled to receive.
Our Team Will Handle Your Case
Once you have called law enforcement officials to report any signs of abuse or neglect, a lawyer can help you begin a case against the liable parties. Our team wants to ensure that your loved one is free from any further harm and that the negligent party compensates them for their injuries.
We will aim to achieve this goal by:
- Speaking with medical professionals and abuse experts to document likely abuse or neglect of your loved one.
- Initiate legal proceedings and handle your case from start to finish.
- Protect you and your loved one’s rights throughout the legal process.
If your loved one was a victim of abuse, you deserve your day in court. Call our team of Kentucky nursing home injury lawyers at Pintas & Mullins Law Firm to discuss your case.
For a free legal consultation, call (800) 794-0444
Awards Your Loved One Could Be Entitled to Receive in an Abuse or Neglect Claim
Research by the National Center on Elder Abuse suggests that abuse by other residents may be more prevalent than abuse by staffers, and in such instances, there may be multiple parties legally at fault, including the nursing home.
If a jury concludes that the nursing home likely abused your loved one, you could receive awards covering:
- The cost of treatment for any wounds, welts, cuts, burns, or other signs of physical trauma that may have arisen from the abuse.
- Pain and suffering endured by your loved one, which can be significant in cases where a caretaker or fellow resident was subjecting them to abuse or neglect.
- The cost of any stolen valuables.
- Punitive damages, especially against the nursing home if they failed to screen staffers properly and exposed your loved one to an unreasonable risk of harm.
The circumstances of each elder abuse or neglect case vary, and the potential awards your loved one may be eligible for will depend directly on the circumstances of the case. Our team can handle your case and brief you on the potential legal and financial outcomes based on the specifics of your case.
Do Not Wait, Call Today
Each resident of a nursing home has a right to be free from unreasonable harm, including abuse and neglect. If you want to bring a civil case in pursuit of compensation in the wake of your loved one’s abuse or neglect, it is important that you do not wait to call a nursing home injury lawyer.
The statute of limitations in Kentucky may be as short as one year for personal injury claims such as nursing home abuse. We want to hear from you even if it has been more than a year since you discovered the abuse, as there are exceptions to these statutes.
Call our team of Kentucky nursing home injury lawyers at Pintas & Mullins Law Firm today to discuss your case. You pay nothing upfront and nothing unless we win.
Call or text (800) 794-0444 or complete a Free Case Evaluation form