Despite the differences between nursing homes and assisted living facilities, nursing home lawyers do handle assisted living abuse and neglect cases. All long-term facility residents have rights, and nursing home lawyers assist victims of abuse or neglect in taking action against those who violate them.
The mistreatment of residents at any long-term care facility that a family entrusts their loved one to constitutes elder abuse, and nursing home abuse lawyers fight for victims and their families and help them seek financial recovery for the harm caused in these establishments.
The Difference Between Nursing Homes and Assisted Living Facilities
Assisted living facilities and nursing homes both exist for the benefit of older and dependent adults who require varying levels of help caring for themselves. Families sometimes struggle to decide the best option for their loved one, but the Federal Trade Commission (FTC) helps clear up the confusion by providing a simple comparison of the two.
Assisted living allows aging adults to live on their own in apartment-type settings while still receiving the assistance they need with their daily tasks. Nursing homes, on the other hand, provide more intensive services, including medical care and around-the-clock surveillance.
Another major difference is that federal laws regulate standards in nursing homes but assisted living facilities are subject to individual state laws.
The Prevalence of Assisted Living Neglect and Abuse
Elder abuse often goes unreported, so researchers and public officials find it difficult to maintain precise statistics on neglect and abuse in assisted living facilities and other long-term care homes. Unfortunately, they do know without a doubt that the issue has a prominent presence throughout the United States despite the legal protections of some of our most vulnerable citizens.
The National Center on Elder Abuse (NCEA) estimates that 1 in 10 Americans aged 60 or older suffers from elder abuse. Abuse and neglect affect both men and women, but women have an increased risk, especially those who do not have close friends or family members nearby or who suffer from cognitive impairment such as Alzheimer’s or dementia.
Some assisted living facilities have memory care wings that can prove beneficial for those in the early stages of disorders such as dementia, but those residents can still suffer from abuse or neglect.
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How Nursing Home Lawyers Can Help with Assisted Living Abuse and Neglect Cases
Nursing home lawyers know that abuse comes in many forms, and they help victims and their families regardless of the type of mistreatment the victim suffered. Some of the common forms of abuse that occur at assisted living facilities include:
- Physical abuse
- Emotional or psychological abuse
- Sexual abuse
- Financial exploitation
If you suspect that your loved one has suffered abuse at their assisted living facility, a nursing home lawyer can investigate your case and take the next steps in pursuing financial awards.
Proving the Liability of the Facility
Proving liability in an assisted living abuse or neglect case usually involves a complex process that victims and their families may find discouraging, but a lawyer can assist by collecting the appropriate evidence to prove liability. Some of the types of evidence that may help include:
- Surveillance video
- Resident charts and files
- Staffing logs and schedules
- Witness testimony
- Physical and emotional injuries
After gathering this information, a nursing home lawyer will use it to prove that the facility breached their duty of care to the victim, which resulted in their injury and caused them to accumulate damages as a result.
Seeking Financial Recovery for Your Damages
Assisted living residents and their families often pay substantial fees for facility care, and the injuries victims suffer due to abuse and neglect can lead to significant financial losses.
A nursing home lawyer can evaluate your damages and pursue adequate compensation on your behalf by handling all communications with the facility, their insurance company, and their legal team.
In many cases, a lawyer can achieve a settlement outside of court, but if necessary, they will go to trial and fight for fair financial recovery for you.
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Filing Your Claim in Time
Every state has a time limit on how long victims or their loved ones have to file personal injury claims. These time frames, called statutes of limitations, set strict deadlines on claims, and if you do not file within this period, you will not have the chance to seek awards from the liable party.
Call Pintas & Mullins Law Firm Today for Legal Assistance with Your Assisted Living Abuse or Neglect Case
At Pintas & Mullins Law Firm, we understand how intimidating filing an assisted living abuse or neglect claim may feel, and we do not want you to manage your case on your own. Our nursing home lawyers can handle assisted living abuse and neglect cases and help you prove negligence and pursue financial recovery.
Call our legal team right away at (800) 842-6336 to speak with us about your case.