Most nursing home abuse cases are considered part of personal injury law. This means that nursing home abuse claims generally have a one-year statute of limitations from the date that the abuse, neglect, or exploitation was discovered.
There are exceptions to this statute, so you should call a lawyer as soon as possible; regardless of the time that has passed since you discovered your loved one’s abuse, neglect, or exploitation.
No Two Cases of Nursing Home Abuse Are the Same
The circumstances of each nursing home abuse, neglect, or exploitation case are unique, and they could impact the compensation that your loved one is eligible to collect. There are some common forms of mistreatment that a nursing home may be liable:
- Sexual abuse
- Physical abuse
- Emotional abuse
- Willful deprivation
- Passive neglect
- Financial exploitation
Stay alert for signs that your loved one is the victim of any of these forms of mistreatment, and contact law enforcement if you suspect any type of abuse, neglect, or exploitation.
Signs of Physical Abuse, Emotional Abuse, Deprivation, and Neglect
Some indications that your loved one suffered physical or emotional abuse, passive neglect, or willful deprivation include:
- Fractured bones, especially more than one in a short period of time.
- Scrapes, bruises, burns, and cuts without explanation.
- A disheveled appearance, such as uncombed hair and unwashed clothing.
- Poor personal hygiene.
- Signs of depression, such as withdrawing from activities that they typically enjoy.
- Signs of anxiety or trauma, such as rocking back and forth, recoiling from your touch, and being jittery.
- The appearance of bedsores.
- Confusion, which may be a sign of trauma-induced insomnia.
- Unexplained weight loss.
Any of these symptoms may be a sign that abuse or neglect is occurring, and the presence of multiple signs of abuse should heighten your suspicion. Another form of mistreatment that may occur in nursing homes is financial exploitation.
Potential Signs of Financial Exploitation
Allowing your loved one to handle some portion of their finances can be empowering, but it can also make them a target for financial abuse by caretakers or other residents. Some possible signs that your loved one is being taken advantage of financially are:
- Cash withdrawals that your loved one cannot explain or do not remember.
- Purchases at stores that your loved one does not typically shop at.
- Changes to information in finance-related accounts, such as a phone number or address.
- Missing valuables, including cash, jewelry, or anything that could be resold.
If you suspect that your loved one has fallen victim to any form of abuse, call law enforcement. You should also call a lawyer to pursue a case to reclaim your loved one’s losses.
How A Lawyer Can Help in A Nursing Home Abuse Case
Our team aims to ensure that your loved one does not suffer any more harm than they have already sustained. We will work to help you and your loved one by:
- Meeting with you to discuss and document why you know or believe that abuse or neglect occurred.
- Initiating your legal case in court as soon as possible to ensure that your case complies with the statute of limitations for nursing home abuse in Kentucky.
- Informing the nursing home’s administrators to pending legal action and ask for their cooperation.
- Interviewing staff members and other residents to seek any accounts confirming that abuse, neglect, or exploitation occurred.
- Collecting and documenting any evidence of abuse, such as security videos and internal reports of wrongdoing by staff or other residents.
- Vetting the nursing home staff for any candidates with a history of abuse or theft.
- Ensuring that your loved one’s rights are protected throughout the legal process, from our initial meeting through the completion of a settlement or judgment.
If we can prove that the defendant in your case acted negligently, your loved one may be entitled to a financial award covering their losses and trauma.
Potential Compensation in A Nursing Home Abuse Case
The specifics of each case impact potential financial awards, but some common financial awards in nursing home abuse cases may cover:
- Reimbursement for the time your loved one spent at the nursing home.
- Any medical costs related to abuse or neglect, both short- and long-term.
- The pain and suffering your loved one endured.
- Punitive damages against the nursing home for failing to protect your loved one.
Do Not Wait to Call A Lawyer
You must not wait to contact a lawyer if you suspect the abuse of your loved one. Our team can help, so call us at Pintas & Mullins Law Firm today to discuss your case.
You pay nothing upfront and nothing out of pocket. We handle these cases on a contingent-fee basis. This means you pay us nothing unless and until we win your case.