No matter how severe the abuse or neglect, it is always worth consulting a lawyer to know your next steps. Whether it’s you or a loved one seeking help, the right lawyer will help you understand your rights and options. That’s one of the reasons it’s important to have a general understanding of what lawyers do for victims of nursing home abuse and neglect, why you might need one, and how to obtain a lawyer that can represent you and get you the results you deserve.
Why You Might Need A Lawyer
The statistics for nursing home abuse are often staggering. For example, 85% of nursing home residents suffer from malnutrition. Out of 129 seniors with dementia, 54 experienced some form of psychological abuse from their caregivers according to the Journal of American Geriatrics Society. Additionally, according to the Administration for Community Living there are have nearly 16,000 cases of sexual abuse reported since 2000.
Unfortunately, these numbers mean that if you are 65 years or older looking to live in a nursing home or other care environment, it is likely that you will experience abuse or neglect in some way. Though this is not encouraging, it is important to note that there are laws on the books in California that make any kind of abuse strictly illegal and punishable by law. Even more encouraging is that there are more and more policies being put into place all the time. But, more importantly, there are lawyers who specialize in elder abuse cases who are ready to fight for all victims.
For more information about the types of abuse and signs to look for, visit the Gharibian Law blog and read our article about defining elder abuse.
Choosing an Expert
When it comes to nursing home abuse, it is important to make sure you are consulting a lawyer familiar with the laws that protect elder Americans and the type of case you’ll be filing. They can thoroughly explain your type of case, provide you with options, walk you through the legal process, provide reassurance and support, make sure you get the maximum compensation, and go the settlement table or courtroom prepared.
Successful court cases can result in compensation equaling hundreds of thousands or even millions of dollars for families and victims. That’s why it’s important to hire an expert. They know abuse cases and will be able to take on your case with confidence. Their array of knowledge and experience sets them apart from other lawyers.
Here’s what nursing home abuse lawyers will help you do:
- Gather evidence
- File a lawsuit
- Gather more evidence and strengthen your case (known as navigating discovery)
- Pursue settlement
- Go to trial
“Complaints, or claims, of nursing home abuse, can be filed with the California Department of Health, calling local law enforcement and/or calling APS (Adult Protective Services). Once the complaint is filed it is incredibly important that you contact an attorney to represent the rights of the victim and their family. The statute of limitations for victims or family members to report nursing home abuse is 2 years in the state of California.” – Nursing Home Abuse Center
If you or a loved one have been the victim of elder abuse or neglect, call Gharibian Law (877-875-1119) today for a free consultation and the best legal representation.