According to the CDC, elder abuse is defined as intentional or negligent actions that put adults age 60 or older at risk of being harmed. Elder abuse can come in many different forms, some less noticeable than others. If your family member resides in a nursing home, it’s important that you familiarize yourself with the signs of elder abuse.
If you suspect your loved one is being mistreated or harmed by the staff at their nursing home, 1Law can help you hold the guilty party liable for their heinous behavior. One of our nursing home abuse lawyers in Richfield will investigate your case, file a claim, and pursue the highest compensation permitted by law.
When the elderly are mistreated, it can be hard for them to get the assistance they need. Fortunately, our nursing home abuse lawyers in Richfield can help them get medical treatment, compensation for their suffering, and also punish the party responsible for their injury. In order to do this, an attorney will file a claim for damages.
In nursing home abuse cases, damages are typically divided into three categories: economic, non-economic, and punitive. Economic damages can cover any monetary losses your loved one has experienced as a result of their abuse, such as:
A lawyer will add non-economic damages to your loved one’s claim if their injuries have taken a toll on their mental health and overall quality of life. Here are some of the damages your family member might be eligible for:
If your family member’s mistreatment was intentional or life-threatening, your nursing home abuse lawyer will consider punitive damages. Punitive damages are meant to penalize the guilty party for their actions. They also dissuade others from perpetrating abusive acts against seniors.
While the care facility is usually the primary suspect in elder care abuse cases, there are a number of other individuals and entities that can be held accountable for mistreatment. At 1Law, our attorneys have decades of combined experience identifying elder abusers, and will be sure to pin down one of the following parties as the perpetrator:
In order to figure out who is responsible for your loved one’s injury, your Richfield nursing home abuse lawyer will conduct a thorough investigation. They’ll collect evidence like medical bills, treatment records, and security footage to build a convincing case.
If you’re aware of any possible eye-witnesses, you’ll want to speak to them about what they saw and ask them for their contact information. If your family member’s case goes to trial, witness testimony could make for a winning claim.
Once your loved one’s nursing home abuse attorney has gathered the necessary evidence, they’ll need to present it in a way that demonstrates why the defendant should be held liable for abuse. In order to do this, they’ll have to prove that the guilty party failed to uphold what’s known as a “duty of care.”
A duty of care refers to an individual’s responsibility to behave in a way that isn’t foreseeably likely to cause harm to another person. Once your lawyer has shown that the defendant has failed to live up to this legal obligation, there’s a few more elements they’ll have to establish to sway a court in your favor.
Next, they’ll need to prove that the guilty party’s failure to uphold a duty of care directly caused your loved one to sustain injury. Finally, your nursing home abuse attorney will have to demonstrate that your family member’s injury resulted in monetary and/or non-monetary losses.
If your loved one has passed away due to injuries caused by nursing home abuse, we extend our deepest sympathies to you and your family. In situations like these, we advise family members of the deceased to file a wrongful death claim.
By filing a wrongful death claim, you’ll be able to receive compensation for any end of life treatment bills your loved one left behind. You can also secure payment for any pain and suffering the deceased experienced prior to their passing, as well as the mental distress you’re probably dealing with.
If the decedent’s spouse is still alive, a nursing home abuse lawyer in Richfield can request payment for their loss of companionship, reduced quality of life, and any other losses they’ve incurred as a result of their spouse’s passing.
You have enough on your plate without the added stress of meeting legal deadlines and worrying about how you’ll pay for a nursing home abuse attorney. That’s why our team will do everything they can to make sure legal proceedings don’t interfere with the grieving process that you and your family are going through.
A nursing home abuse lawyer will make sure your loved one’s claim is filed in accordance with Utah’s statute of limitations. A statute of limitations can be thought of as a legal deadline that plaintiff’s must file their claim before or risk going uncompensated.
Under Utah Code § 78B-2-307, nursing home abuse victims are given four years to submit their claim. However, this deadline could differ depending on the specifics of your loved one’s case. One of our attorneys will be able to give a more accurate deadline and make sure your family member’s claim is filed well before it.
We’re proud to offer legal services on a contingency fee basis at our firm. A contingency fee means you won’t have to pay out-of-pocket for your nursing home abuse attorney. Instead, they’ll take a percentage of any settlement or court award. This is just one of the perks we offer to make your life a little bit easier during these worrying times.
We also offer a more money guarantee to our clients in Richfield. As a part of the guarantee we’ll use our connections with local hospitals and care providers to help you get a reduction on your loved one’s medical expenses. We’re usually able to secure helpful discounts, but in the event that we’re unable to, we’ll lower our contingency fee by $500.
The mistreatment and harm your family member has endured is completely unacceptable. Our nursing home abuse attorneys in Richfield will see to it that the guilty party is brought before a court and held liable for your loved one’s injuries.
Contact 1Law online or use our free legal chat service to get started on your claim. Once you’ve given us the information we need to start building a case, we’ll do everything we can to limit your involvement in legal proceedings so that you can spend time with your loved one.