The number of nursing home abuse cases across the country continues to rise. In San Diego, more cases are being investigated and more victims are taking legal action—and if the victims are not able to take legal action themselves, their loved ones can do it for them.
If you have a loved one who was abused in the care of a nursing home, you may be able to take legal action to recover financial compensation, including the costs of your loved one’s medical treatment and other expenses. A San Diego nursing home abuse lawyer can help determine if you have a valid case. To learn more, contact Ben Crump Law, PLLC at (844)-638-1822 for a free consultation.
Types of Nursing Home Abuse
According to the Centers for Disease Control and Prevention (CDC), there are many types of abuse that can occur to elderly people. These include:
- Physical abuse: Any type of abuse that causes physical damage
- Sexual abuse: Any type of abuse that is sexual in nature
- Emotional abuse: Abuse that is designed to cause emotional stress and affect a nursing home resident’s mental condition
- Financial abuse: Taking a nursing home resident’s valuables or money from their accounts for financial gain
- Neglect: Not providing the level of care that is needed to maintain proper health, which is a growing problem in understaffed nursing homes
As nursing home abuse becomes more prevalent, dealing with the problem becomes more urgent. Keep a close eye on the care of your loved ones to ensure that they are not experiencing abuse, and act quickly if something does happen.
For a free legal consultation with a nursing home abuses lawyer serving San Diego, call 800-959-1444
Statute of Limitations
After nursing home abuse is discovered, the first thing most people think about is getting their loved ones out of that facility and making sure they get the help they need. Legal action may be one of the last things on their mind, but it is important to consider. The costs of recovering from nursing home abuse can be expensive, especially if your loved one needs ongoing care and/or had to change facilities.
If you are considering taking legal action, start the process as soon as possible. The time limit for how long you have to file your lawsuit is known as the statute of limitations. According to the California Courts, nursing home abuse lawsuits fall under the personal injury statute and must be filed within two years of the incident. The clock starts the day of your loved one’s injury, which is why it is so important to watch your loved one’s care closely. Abuse can often go unnoticed if no one is watching.
Missing the deadline imposed by the statute of limitations can have a serious impact on your case, including having the case dropped altogether. Do not miss your opportunity to recover financial compensation by reaching out to a San Diego nursing home abuse lawyer as soon as possible. Contact the team at Ben Crump Law, PLLC today for a free case review.
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Possibly Recoverable Compensation
There are several types of compensation that you may be able to recover from a nursing home abuse lawsuit, including:
- Medical expenses: Physically recovering from abuse can be expensive. You can claim any medical expenses, including the costs of moving into a new facility, in the lawsuit.
- Property damages: Any damage to property, including property that was stolen, can be claimed in the lawsuit.
- Pain and suffering: If the abuse had a significant mental or emotional effect on your loved one, you may be able to collect pain and suffering compensation. There is not a standard for how much you will be awarded—instead, it is calculated based on the amount that you ask for, the amount that you are awarded in other forms of compensation, and the judge’s assessment of your case.
- Punitive damages: The judge may also award your loved one punitive damages, which is compensation levied to punish the abuser.
There are other types of compensation that are not covered on this list. The specific compensation that you can claim depends on the circumstances of your case. A San Diego nursing home abuse lawyer can help determine which expenses can be claimed and how much you can expect to receive in compensation.
As you are building the lawsuit, be sure to account for your future expenses as well. If your loved one needs long-term care, you may be able to claim an amount of compensation that can help pay for it, so it does not become a burden on your finances.
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Seeking Legal Action
Taking legal action is a big decision for most nursing home abuse victims, and their loved ones usually handle it for them. There are several factors that can make the process more complicated, but they can be easily managed with the aid of a San Diego nursing home abuse lawyer.
One of the issues that often arises is the role of the care facility. Lawsuits are filed against the abusers but may also be filed against the facility they work for, depending on the actions the facility took during the abuse.
If the facility knew about the abuse and failed to act, they may be held liable. There are some cases where facilities create environments that allow abuse to happen. For example, being understaffed can contribute to abuse because their staff members are stressed and overworked. Some argue that underpaying staff members also contribute to abuse, especially financial abuse. Your lawyer can investigate the facility as well as the abuser to see how liability applies.
If you choose to file a lawsuit against the facility, this will change your lawsuit. Both the facility and its employees are probably covered under a liability insurance plan. Because of this, an insurance company will likely be involved. The insurance company may offer you a settlement agreement, which is a common practice. For you, it is a chance to collect compensation sooner to deal with any financial issues—however, you may need to renegotiate the agreement before you accept it. Having a San Diego nursing home abuse lawyer on your side can make this process less stressful and improve the amount of compensation you receive.
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Contact Ben Crump Law, PLLC Today
Finding out that your loved one was abused in a nursing home is often devastating, but proper care and quick action can help. The San Diego nursing home abuse lawyers at Ben Crump Law, PLLC are here to help you take legal action to fight for these costs and get the justice your loved one deserves.
We work on a “no win, no fee” basis, which means you only pay for our services if we are able to win your case. To get started, contact Ben Crump Law, PLLC today at (844)-638-1822 for a free consultation.
Call or text 800-959-1444 or complete a Free Case Evaluation form
