When you place a loved one in a nursing home, abuse is the last thing you expect to happen. However, nursing home abuse is becoming a major problem in the United States. According to the National Center for Biotechnology Information (NCBI), the number of nursing home abuse cases is steadily rising as the nursing home population increases, and staffing remains the same.
If your loved one experienced elder abuse while in the care of a nursing home, the facility may be held liable for their medical care, pain and suffering, and expenses to move them to a new facility. An Oakland nursing home abuse lawyer can help you understand your legal options. Call Ben Crump Law, PLLC at (800) 683-5111 to discuss your case with our team.
Investigating Nursing Home Abuse
Abuse in nursing homes usually goes unseen unless a family member is watching over the care of seniors in these facilities. Because of the way that abuse works, the signs are difficult to see. This is especially true in financial abuse, where the only evidence can be found in bank accounts. However, law enforcement and other agencies are beginning to improve their skills in identifying and investigating nursing home abuse.
The United States Department of Justice (DOJ) is helping agencies nationwide improve their ability to investigate abuse by providing resources that will help them in the process. The DOJ defines multiple forms of abuse to help both individuals and law enforcement understand what they are looking for and have a legal basis for their investigations. This means that nursing home abuse is now better defined in the legal system, and taking legal action should follow a much easier and more predictable path in the future.
For a free legal consultation with a nursing home abuse lawyer serving Oakland, call 800-712-9119
Determining Liability
Liability determines who is financially responsible for the damage that someone or something causes. In abuse cases, there can be multiple people or entities that are liable.
In cases of nursing home abuse, the staff member that committed the abuse is almost always held criminally liable. However, the facility is responsible for its staff members. This means that the facility may also be liable, and your lawyer can file a case against the facility. Doing so could ensure that the amount of compensation that you ask for is available if you win the lawsuit.
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Understanding Your Rights
Under civil law, you have the right to sue anyone who injures you or causes you to lose money in some way. In nursing home abuse cases, this means that any physical abuse, emotional abuse, psychological abuse, or financial abuse can support a lawsuit.
The lawsuit allows you to claim compensation for expenses related to addressing the abuse and getting your loved one better care. When abuse is discovered, family members tend to move their loved ones out of their current facility and into a new one. They also seek independent medical care to address any of the health-related problems that developed.
Taking these steps can be expensive and are an unexpected cost that can put a strain on the family’s finances. That is one reason why the family members of victims of abuse file civil lawsuits. The compensation can help with the expenses related to their loved one’s recovery.
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Statute of Limitations
When filing a lawsuit, there is a limited amount of time to do so. The concept called the statute of limitations places a limit on how long you have to file your claims. This ensures victims act in a reasonable amount of time.
According to California Courts, the statute of limitations gives you two years from the date that an injury occurs. The statute also stipulates that if you do not discover the injury within two years, you have one year from the date that you find out about the injury to file a lawsuit.
You can avoid problems with statutes of limitations if you contact a lawyer as soon as possible. The sooner you are able to start the process of building a case of filing a lawsuit, the less likely you are to run into problems with meeting the deadline. If you do not file on time, your case will be rejected by the court.
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Reasons to Hire a Lawyer
Handling a lawsuit without a lawyer can be difficult to do. Lawyers have extensive training in understanding the law and navigating the legal system. There are many pitfalls that could stop your case if you do not know how to avoid them. Hiring a lawyer gives you the experience and expertise needed to successfully build, file, and potentially win a nursing home abuse case.
Another reason to hire a lawyer is that you may be busy taking care of your loved one during the time you can build and file your case. Your loved one may need more family involvement to recover from the abuse. On top of work and other family responsibilities, it may not be possible. Hiring a lawyer gives you somebody who can fight for your family in court, even if you are not there.
Call for a Consultation with a Member of Our Nursing Home Abuse Team
Protecting your family member from nursing home abuse is stressful, but you do not have to handle all the problems on your own. Having a lawyer on your side to handle the legal aspects of your loved one’s recovery can make the whole process easier. If you are concerned about being able to afford a lawyer, you should note that it is more affordable than you might think. Most lawyers work on a contingency, which means they only get paid if you win your case. Consulting with a member of the legal team is usually free, making the cost of starting a case affordable.
If your loved one experienced abuse while in a nursing home, consult an Oakland nursing home abuse lawyer to discuss your legal options. You may be able to file a lawsuit to recover compensation from the staff member or facility to help cover your expenses. Call Ben Crump Law, PLLC at (800) 683-5111 for a free consultation about your case. We work on contingency, so we will only get paid if we win your case.
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