When someone sexually abuses your loved one, you may feel at a loss for how to help. This can be especially traumatizing for your family if the abuse occurred while your loved one resided in a nursing home facility. The staff in these facilities are responsible for the care and safety of their residents, helping to maintain their quality of life.
Although your first reaction when you find out your loved one has suffered abuse in a nursing home may be shock, make your next step one of action. By reaching out to a San Diego sexual abuse lawyer at Pintas & Mullins Law Firm, you and your loved one can begin to heal and collect the financial damages of your family’s pain and suffering.
Our firm commits to providing outstanding service to our clients who have experienced abuse and negligence. We partner with experts to build strong cases for compensation. If you allow us to advocate for your loved one, we will fight for justice on their behalf. We handle cases on a contingency fee so that you do not have to pay anything until we collect on your behalf.
Get in touch with our firm today and receive a free consultation. Call now at (800) 842-6336 and get started.
Different Types of Abuse at Nursing Homes
According to the National Council on Aging (NCOA), there are approximately five million older adults who suffer abuse each year. Not all of them live in nursing homes, but when it occurs there, you have the right to expect financial compensation from the facility or staff member responsible.
It is hard to imagine any type of abuse at a nursing home—these are facilities that we trust to care for our loved ones. Yet, elderly abuse continues to occur in a variety of ways:
- Physical abuse: This refers to any type of harmful physical action, such as hitting, kicking, punching, biting, and so on.
- Psychological abuse: This can include emotional and verbal abuse.
- Neglect: This refers to when nursing home staff fails to provide the food, medical attention, and other services a resident needs.
- Financial abuse: This involves taking advantage of a resident financially, such as stealing personal items or money from them.
- Sexual abuse: This includes all sexual abuse, as defined by the law.
Understanding Sexual Abuse as Defined by California Law
California law is clear about sexual abuse. There are different degrees of sexual abuse, including rape, battery, and assault. The California Penal Code (PEN) §243.4 defines one aspect of sexual abuse as touching the intimate parts of another person against their will for arousal, battery, or abuse. Those who participate in such actions can face charges of sexual battery.
Furthermore, the law makes it clear that nursing home residents are protected from such actions, specifically. It states those who touch residents who are undergoing medical treatment, incapacitated, or living with disabilities without consent are also guilty of sexual battery.
Inappropriate touching can include through clothing or without clothing. In addition, it may or may not include penetration. If your loved one suffered sexually abused in any manner, the law is on your side and your loved one deserves financial compensation.
For a free legal consultation with a Sexual Abuse Lawyer serving San Diego, call (800) 794-0444
Statute of Limitations for Sexual Abuse Cases
When filing a civil case against a nursing home facility due to sexual abuse, you must abide by the statute of limitations for California. The California Code of Civil Procedure (CCP) §335.1 states that you have up to two years to file a lawsuit. In cases of medical malpractice, CCP § 340.5 outlines a four-year limitation. If the statute of limitations in your case passes, you lose your right to pursue a lawsuit.
Your San Diego sexual abuse lawyer will follow the protocol in your case to ensure you do not jeopardize your right to compensation. Reach out to Pintas & Mullins Law Firm now.
San Diego Sexual Abuse Lawyer Near Me (800) 794-0444
Your loved one has the right to seek fair compensation for damages due to sexual abuse. The exact damages available in a civil lawsuit depends on the circumstances. Examples of possible recoverable damages include the following:
- Emotional damages, including pain and suffering
- Mental anguish
- Any physical injuries due to the assault
- Medical treatment needed to treat injuries
- The cost of moving your loved one, if applicable
- The cost of the time they were in the nursing home but not receiving adequate care
There could be other damages, as well. Your attorney will know what options apply to your case after a thorough investigation.
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Next Steps in a Sexual Abuse Case
When you hire a sexual abuse lawyer with our firm, we will begin investigating your case. If there is already a criminal case in the matter, we may be able to work with state officials for information. In addition, your attorney will interview witnesses when applicable and deal with third-party players.
When it comes time to negotiate your damages, you can count on your sexual abuse attorney to handle the situation on your behalf and fight for fair compensation. If we are unable to negotiate in good faith or discussions come to a stand-still, then a court trial is always an option on the table. Your lawyer will represent you in the courtroom as your case proceeds forward.
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Connect with a San Diego Sexual Abuse Lawyer
At Pintas & Mullins Law Firm, we understand this is a difficult time for you and your family. A member of our team can review your case and walk you through the next steps. We will handle each aspect of the case from start to finish on behalf of your family. Your loved one can recuperate from this experience, knowing that we will be fighting for their best interests.
Contact us for a free consultation to get started as soon as possible. Call (800) 842-6336 today.