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Elder Abuse Lawyers - Injury Compensation Claim

LAWYER HELPLINE: 855 804 7125

Our elder abuse lawyers specialize in compensation claims and deal with financial settlements for nursing home malpractice. Care homes usually provide a high standard of excellence for their residents however there are occasions when things go wrong. Our elder abuse lawyers deal with claims on a contingency basis which means they don’t get paid unless you get paid. If you would like free advice without obligation from a specialist lawyer then just call the helpline or complete the contact form or email our offices and a lawyer will telephone you at the first possible opportunity.

The fact of the matter is that the world’s population is aging and, unless the family has its own resources, there is an increasing need for qualified nursing facilities and home healthcare to look after the elderly. Most of the time, residential care in nursing homes is thoughtful, helpful and improves the quality of life of the elderly person. In some cases, however, there is negligence, elder abuse or neglect and it becomes the job of the individual’s family to instruct a nursing home negligence lawyer skilled in personal injury cases involving the elderly.

It is also the violation of an individuals human and civil rights by another person. These actions may not only breach criminal law but can give rise to civil legal action for malpractice. Examples of this behavior include :-

Neglect Compensation

It is the job of the nursing home negligence lawyer to participate in the investigation of cases of elder abuse and neglect and to file claims in a court of law against residential care homes that compensate the elderly person for their abuse, injuries or emotional trauma. The compensation alone will do little to fully make up for the suffering of the elderly person but it can help them afford better care and can diminish future out of pocket expenses for care. If you need to speak to a nursing home negligence lawyer, just call the helpline

Punitive Damages

Sometimes punitive damages can be awarded. In the awarding of punitive damages, it must be shown that the guilty party was reckless, fraudulent, showed malice or showed ill intent against the elderly person. The amount of the compensation for punitive damages is usually decided upon by the judge. Such award monies are in addition to the monies awarded for injuries, death or pain and suffering.

Government Regulation

Very few families have the income necessary to pay for the care of their loved one after they become infirm. They must rely on government services to pay for the care of their elderly relative in a residential care home until the elderly person has exhausted all their financial resources. When the government is involved in caring for the elderly, nursing homes and similar facilities must comply with safety regulations, regulations around providing medicines, those dealing with day to day cares and other components of elder care. The government requires a great deal of documentation of the activities and cares of the residents, partially to make sure those standards are kept up with and neglect does not occur. Even so, mistakes can happen and not all nursing homes consistently comply with what is legally required of them.

Elder Abuse & Neglect

Negligence can be defined as falling away from the established care plan. If it states in the care plan that a certain activity be undertaken on a daily basis and this isn’t documented as having been done as recommended, the result could be taken as negligence. What kinds of errors are we talking about? There are errors of commission and there are errors of omission. In errors of commission, something is actively done to the resident that causes then harm. In errors of omission, the staff person forgets to do something as outlined in the care plan.

Common Incidents

The most common incidents that happen to residents of a nursing home include falls, wandering away from the facility, depression, anxiety, physical abuse, emotional abuse or sexual abuse, breakdown of the skin and bedsores, malnutrition, dehydration, aspiration of stomach contents and deep vein thromboses from being in bed all day. Residents of nursing facilities are particularly prone to injuries that include hip fractures, fractures of other bones, head trauma, brain hemorrhage, pneumonia, pressure sores with resultant infection, pulmonary embolism and pleurisy. Many of these injuries and illnesses can be prevented with proper care and attention to the condition of the resident.

Nursing Home Negligence Lawyers - Legal Charges

The family who consults a nursing home negligence lawyer regarding an elder abuse or neglect in a nursing home does so at no initial cost. This is because elder abuse claims involving neglect or abuse are dealt with by the lawyer on a contingency basis. This means that the family does not have to pay the lawyer at all until the case is won. If your lawyer loses the case, there are no legal charges to be paid and you do not receive any compensation. The defendant, on the other hand, must pay for their lawyer’s services throughout the case which may encourage them to settle at an early stage.