If your loved one suffered injuries and incurred expenses due to abuse in their assisted living facility, you could potentially have legal recourse and recover medical bills, awards for pain and suffering, and other damages.
An assisted living abuse lawyer can help you and your loved one recover what you deserve. We can prove the liability of the assisted living facility and pursue a fair settlement on your behalf.
How an Assisted Living Abuse Lawyer Can Help
Your assisted living abuse lawyer can help with all aspects of your case, including but not limited to:
Gathering Evidence to Prove Your Case
In order to recover compensation, you will have to provide comprehensive evidence of the assisted living home’s negligence. Your lawyer can collect the necessary documents and other evidence needed to build a comprehensive case against the facility.
Filing the Paperwork for Your Lawsuit
Handling a lawsuit on your own can be stressful and complicated due to the amount of paperwork and technicalities involved. Your attorney can file the initial complaint in a local court and handle all the following formalities of your case.
Negotiating a Fair Settlement
Assisted living abuse cases can potentially be resolved in an out-of-court settlement if both parties agree. Your assisted living abuse lawyer can protect your legal rights and negotiate strongly for a fair settlement.
Representing You in Court
If an out-of-court settlement is not forthcoming, your lawyer can take the abuse case all the way to trial, fighting aggressively for your rights to justice and fair compensation.
Possible Recoverable Damages
The following are economic and non-economic damages your family may receive compensation for following an assisted living abuse claim or lawsuit:
- Pain and suffering
- Mental anguish
- Stolen property and/or money
- Past and future medical expenses
- Cost of transfer to another facility
- Disability or disfigurement
- And more if you qualify
Assisted Living Residents Have the Right to Be Safe From Abuse
While assisted living facilities generally do not have to adhere to federal laws that govern nursing homes, they still must follow state laws and have important responsibilities toward residents. The assisted living facility has a responsibility to keep residents safe and free from harm and abuse and should assist them with daily tasks as and when required. This can include but is not limited to:
- Meal preparation
- Health and medication monitoring
- Household services
- Personal hygiene
If the assisted living facility failed to keep your relative safe from abuse and neglect, whether by staff, visitors, or other residents, you could hold the facility to account for any injuries and financial losses. An assisted living abuse lawyer can help you understand your legal options and assist you with recovering compensation.
What is Assisted Living Abuse?
Abuse of elderly people is a growing problem in the United States. According to the National Council on Aging (NCOA), one in 10 Americans over age 60 has experienced abuse. The number could be much higher as many cases of abuse may go unreported.
Types of Abuse in Assisted Living Facilities
General neglect can have devastating consequences for the physical and emotional health of an assisted living facility resident and potentially lead to death. Residents lacking help with basic daily tasks such as eating and drinking, personal hygiene, and monitoring of their medical conditions, could suffer various avoidable injuries, medical conditions, and emotional distress.
Verbal abuse can entail actions such as humiliating a resident in front of others, ignoring them, yelling at them, and calling residents names, among others. Emotional and verbal abuse may not only be extremely upsetting to a resident but can also leave them withdrawn, fearful, and with mental conditions such as depression. Systematic and long-term verbal abuse can also lead to physical health issues.
Physical abuse can be easier to detect than other types of assisted living abuse as there can be bruises, burns, fractures, and other signs on a resident’s body. Physical abuse includes any type of deliberate bodily harm to a person, such as kicking, shoving, and pushing a senior.
Sexual abuse of an assisted living facility resident can include various sexual acts and behaviors such as rape, unwanted touching or nudity, and taking photographs or videos of a sexual nature. If your loved one is experiencing pain in the genital region or suffers from any sexually transmitted diseases, they could be suffering from sexual abuse.
What Should I do After Discovering Abuse?
Discovering the signs of abuse on your loved one can be devastating and shocking. If your loved one is at immediate risk to their life and health, you should dial 911. You may also want to make arrangements for moving your relative to a safe place. Your next best steps, once your loved one is safe, can be:
Reporting the Abuse as Soon as Possible
Advice from the U.S. Department of Health & Human Services (HHS) includes dialing 911 immediately if your relative is in danger. HHS also suggests calling the Eldercare Locator at 1-800-677-1116.
Phone operators can then refer you to your state’s resources for reporting abuse and accessing further help. You may also wish to inform a medical professional who can assess your relative’s health as well as help with reporting abuse locally.
When reporting assisted living abuse, you will want to give as much detail and evidence as possible. Evidence can include photographs of injuries, medical reports, contact details of witnesses, and witness statements.
Connect With an Assisted Living Abuse Lawyer
Once your loved one is safe from immediate harm, you should consider your legal options, especially if your loved one suffered injuries and financial losses. An assisted living abuse lawyer can help determine whether you have legal recourse and could recover damages. Your attorney can also help with all aspects of legal action against an assisted living facility.
Pintas & Mullins Law Firm Can Help
If your loved one became the victim of egregious assisted living facility abuse, do not wait to seek legal advice. You may have only a limited time available for filing a lawsuit, depending on the laws of your state. Missing the deadline could bar you from getting your due.
We have helped our injured clients get what they deserve for over 35 years, and we could help you and your loved one, too. Pintas & Mullins Law Firm will not take a dime unless you receive a settlement, so there are no financial risks for you.
Get help now and call us for a free consultation at (800) 842-6336.