Many people with elderly family members who need care and supervision beyond what they can provide entrust their loved ones to nursing homes. The majority of these facilities do an excellent job of meeting the day-to-day needs of their residents. That said, elderly abuse continues to be a growing problem in nursing home facilities across the country.
If your loved one is exhibiting signs of mistreatment, or if the facility seems to be trying to keep something from you, reach out to a San Jose nursing home abuse lawyer as soon as possible. The team at Ben Crump Law, PLLC can assess the situation, conduct an investigation, and explain your legal options.
Your loved ones deserve to be protected. Call Ben Crump Law, PLLC today at (800) 712-9119 for a free consultation.
California Law Protects the Elderly
Ever since the Elder Abuse and Dependent Adult Civil Protection Act became law, nursing home abuse incidents have decreased in California. Nursing home residents now have the right to hire attorneys who can seek damages arising from wrongful conduct in residential facilities because the law defines these behaviors as civil actions.
According to the EADACPA, nursing home abuse is not limited to physical acts. It may also include:
- Financial abuse
- Harmful treatment
California law also dictates that crimes against elders are a punishable offense. Therefore, some nursing home abuse cases can result in imprisonment and fines. Either the victims themselves or their family members can report nursing home abuse and file a lawsuit. With the guidance of a San Jose nursing home abuse lawyer, you can learn more about the steps involved in bringing your claim to court.
Other agencies and organizations in the state that seek to protect the elderly from abuse and regulate nursing homes include Adult Protective Services, the California Department of Public Health, and the Centers for Medicare and Medicaid Services, a division of the U.S. Department of Health and Human Services.
The Federal Nursing Home Reform Act, often referred to as OBRA, similarly seeks to protect elderly residents in the care of nursing home facilities. A San Jose nursing home abuse lawyer can investigate to ensure that your loved one’s nursing home followed the necessary steps to protect their health and well-being. If your elderly family member sustained injuries after a facility failed to follow mandates, the facility may be held liable for their suffering and losses.
For a free legal consultation with a nursing home abuse lawyer serving San Jose, call (800) 712-9119
Pursuing Legal Action to Help Your Loved One
If you are looking to recover damages, there are several remedies available to victims of abuse in a nursing home facility. You can file a police report, notify the California Department of Aging of the violation and/or file a lawsuit. Elderly residents are often scared or do not have the physical or mental capacity to report unlawful behavior in their nursing home on their own. It may be up to you to file a claim against the facility or staff member and prove the abuse. Working with a San Jose nursing home abuse lawyer can help you understand your legal position and take the necessary steps to pursue compensation.
Beyond obtaining financial compensation for your elderly loved one’s suffering, filing a lawsuit could also help end abusive conduct. However, you must first present convincing evidence of abuse before the court will grant any remedies. This is where a San Jose nursing home lawyer’s assistance can greatly benefit you, but time is of the essence.
Under California Code of Civil Procedure, Section 335.1, the statute of limitations for filing a personal injury lawsuit is two years. Schedule your free consultation with Ben Crump Law, PLLC as soon as possible to find out if you have a case.
San Jose Nursing Home Abuse Lawyer Near Me (800) 712-9119
Preparing a Nursing Home Abuse Case
If you believe your loved one was abused in their nursing home, one of the first things you can do is inform the facility’s administration or staff directly. Putting off the matter could cause the abuse to worsen. You can also submit a report to the proper authorities if the nursing home is unable to address your concerns adequately. Lastly, consult a San Jose nursing home abuse lawyer who can follow up on your behalf and determine if a lawsuit is appropriate.
Care facilities will often deny acts of wrongdoing, but an attorney can investigate your claim, gather evidence, establish liability, and aid you in filing a claim. If you fail to agree on a settlement, you may decide to proceed with submitting a lawsuit. Your San Jose nursing home abuse lawyer can continue to build your case and prepare for trial or further negotiations if needed.
Even though it is not mandatory to seek legal help, elder abuse cases are rarely straightforward. In most instances, you will need to perform a thorough investigation to obtain evidence of abuse and any violation of the law. You may be able to seek compensation for past and future medical bills, pain and suffering, psychological trauma, lost quality of life, and other care expenses.
Call Ben Crump Law, PLLC Today
We know how distressing it can be when your elderly loved one is mistreated by the facility you trusted to care for them. A San Jose nursing home abuse lawyer with Ben Crump Law, PLLC can uncover what truly happened and help you determine what legal actions should be taken. We believe in protecting the rights of the elderly and advocating for the justice they deserve.
Call our team today at (800) 712-9119 for a free consultation. Ben Crump Law, PLLC works on a contingency fee basis, which means there are no upfront fees or out-of-pocket costs. We only collect a fee if we win your loved one’s case.