NURSING HOME ABUSE
What can I do if I think my Elderly Relative Is Being Abused in a Nursing Home?
Nursing home abuse is a serious problem that involves the mistreatment or neglect of elderly residents in nursing homes. This can include physical, emotional, sexual, or financial abuse, as well as neglect of basic needs such as food, water, and hygiene. Caregivers, staff members, or other residents may perpetrate this abuse. Signs of abuse may include unexplained injuries, bruises, or fractures, sudden mood changes, social withdrawal, or evidence of overmedication. Legal action can be taken to hold responsible parties accountable and protect vulnerable residents from further harm. Please contact the personal injury lawyers at Doriott, Postajian & Shah for assistance if you believe that your elderly relative is being abused in a nursing home or other care facility.
Can I Sue a Nursing Home if I was Abused by their Staff?
Victims of nursing home abuse in California have two remedies to recover for damages they have suffered as a result of nursing home abuse. These include filing a lawsuit against the nursing home facility or reporting the abuse to the California Department of Aging. In either case, it is highly recommended to obtain the assistance of a an experienced personal injury attorney to help with this process.
In California, seniors and dependent adults are protected by the “Elder Abuse and Dependent Adult Civil Protection Act (EADACPA).” The act defines a “senior” as a person age 65 or older who resides in California. It defines a “dependent adult” as anyone between the ages of 16 to 64 who are California resident with physical or mental limitations that restrict their ability to carry out normal activities or to protect their rights.
A victim who is able can file a nursing home abuse lawsuit on their own behalf or a family member can step in and file the suit or report on behalf of abused loved one through: (1) being given power of attorney, or; (2) being appointed as the guardian by the court.
How Do I Sue for Nursing Home Abuse?
Taking legal action of any kind, including suing for nursing home abuse, can be complicated. There are many steps that need to be followed before a lawsuit is filed against the nursing home facility, and even more steps must be completed after. These steps may include filing report with the California Department of Aging Although many of these steps can be completed without a personal injury attorney, often times people filing the forms on their own behalf may miss deadlines or omit important information that should have been included. For this reason, it is highly advisable that you consult our personal injury lawyers. Our personal injury attorneys will ensure that all of the required and advisable steps are met and will maximize your chance of winning your lawsuit.
What If I Have No Evidence?
Many people who have suffered nursing home abuse fail to take any action against the nursing facility and employees of the nursing facility who caused it because they believe that there is no evidence of illegal actions. However, our personal injury attorneys have various ways to obtain the evidence needed for your lawsuit. For example, we can request documents (including emails and other electronic evidence) from anyone involved, subpoena witnesses to testify, and even take the deposition of the people who caused the accident. Very often there is more evidence than you might think exists, and this evidence can help strengthen your case.
Are There Deadlines for Filing a Lawsuit?
Nursing home abuse cases have numerous deadlines that can come up fast, so it’s important that you speak to our personal injury attorneys as soon as possible. Generally speaking, a lawsuit for a nursing home abuse must be filed within two (2) years after the accident. However, depending on the specific acts, people, and entities involved, there may be other deadlines as well. For example, you may be required to file a Government Tort Claim within six (6) months of the incident if the nursing home is a public or if a government employee or agency is involved. And if any medical malpractice is involved, the lawsuit must instead be filed within one (1) year, versus two. Because of the many and complicated deadlines involved in a nursing home abuse cases, it is important to retain a personal injury lawyer and file a lawsuit before the statute of limitations – or deadline – expires on any of your potential claims.
What Is My Case Worth?
Generally speaking, nursing home abuse cases have three types of damages: 1) economic, or special damages; 2) non-economic, or general damages; and 3) punitive damages. The value of your case depends in large part on these factors, as well as a fourth – liability.
Economic, or special, damages include payment for past and future medical expenses, and past and future lost earnings, among other types of losses. Non-economic, or general, damages include your pain and suffering. For example, if you injure your arm and require surgery, the pain and suffering stemming from the injury, the resulting surgery, and the loss of use of that arm while you’re recuperating, may be compensable as a non-economic injury. Non-economic damages also include loss of consortium – damages that the spouse of an injured person incurs, such as loss of companionship and support. Because you must prove that you sustained these damages, it’s important to get all medical treatment and psychological care that you need.
Punitive damages, although rare, exist to create a deterrent for other companies from behaving in a similar manner. To obtain punitive damages, you must show that clear and convincing evidence that the defendant acted with oppression, fraud or malice.
The last factor is liability. Every case has good facts and bad facts. The more good facts there are in your case, the more likely it is that you will win at trial, and the more likely it is that the defendant will pay more to settle the case. How do your attorney and the defendant's attorney discover good and bad facts? Through the discovery portion of the case, described above. This means that the value of a case can change as both good and bad facts are discovered throughout, and why a good personal injury lawyer can maximize the value of your case.
GET HELP NOW
Our personal injury attorneys have over a decade of experience fighting for the injured against the largest insurance companies in the country. Our office handles all manner of personal and catastrophic injury claims throughout California, including Los Angeles, Orange, Riverside, San Bernardino, San Diego, Imperial, Ventura, Santa Barbara, and Kern counties. If you or a loved one has been injured, please contact our office for a free consultation.