Nursing homes are vital in providing care for older people within the community, ensuring their health and overall well-being. Unfortunately, the facilities entrusted with the care of our loved ones are not always as safe as we expect. If you or a family member has suffered abuse in a nursing home, a nursing home abuse lawyer in Berkeley can provide the necessary support.
At Arias Sanguinetti, our legal team advocates for individuals who have faced nursing home abuse and assists them in seeking compensation for their distress and holding the facilities accountable. With over forty years of experience, our Berkeley personal injury lawyers have consistently supported those harmed by negligence or intentional actions. Contact us today to schedule your free case review.
Different Types of Nursing Home Abuse
Elderly individuals are particularly at risk for various forms of abuse. The high level of abuse towards nursing home residents is often exacerbated by inadequate staffing or poor training. Common forms of nursing home abuse include:
- Physical abuse
- Emotional and psychological abuse
- Financial abuse
- Neglect
Physical Abuse
Nursing home residents are often subject to physical abuse by those designated to care for them. Abusers frequently target residents with memory problems, communication difficulties, or limited social interactions.
The severity of physical abuse can vary widely. Some abusers may express frustration through violent outbursts, while others may stage incidents to make them appear accidental, resulting in serious injuries. Although such overt acts of violence are rare, it is critical to hold individuals who commit these acts of violence accountable for their actions.
Emotional and Psychological Abuse
Staff members of nursing homes can also inflict various forms of emotional abuse on residents. Caregivers may subject residents to verbal degradation through yelling or scolding. Another common form of abuse is gaslighting, where false accusations or undue blame are directed at residents.
Additionally, nursing home workers might steal personal letters and packages or block phone communication to isolate residents from their families and friends, making them more vulnerable to further abuse.
Financial Abuse
Elderly residents are often targets of various forms of financial fraud due to their perceived vulnerability. Common scams aimed at exploiting residents and stealing their money and other assets include:
- Convincing seniors to modify their wills, directing their assets to a nursing home worker rather than their family and friends after death
- Persuading them to invest their money in nonexistent opportunities
- Manipulating residents into revealing their account passwords under the pretext of assisting with money management
- Direct theft of cash or valuables from the living spaces of residents of a nursing home
In some situations, financial institutions, including the nursing home resident’s bank, may also be liable for facilitating the abuse.
The statute of limitations for elder financial abuse differs from that of other types of nursing home abuse. While personal injury claims generally allow two years for filing, financial abuse cases allow four years for claims to be filed.
Additionally, those pursuing compensation in financial abuse cases may be eligible for treble damages, which means that the amount you could recover might be tripled. For example, if $10,000 is stolen, you could potentially recover $30,000. This significantly increases the potential compensation for victims of elder financial abuse.
Neglect
Neglect is one of the most common forms of abuse in nursing homes. Whether intentional or unintentional, the failure of the facility and its employees to provide adequate care can lead to severe health consequences, including malnourishment, depression, and bedsores.
If you or a loved one has suffered this type of mistreatment, a knowledgeable nursing home abuse lawyer serving Berkeley can assist. Should nursing home abuse result in a loved one’s death, a wrongful death attorney can help you seek justice.
Don’t Hesitate to Hire a Knowledgeable Berkeley Nursing Home Abuse Attorney
If you or a loved one has experienced nursing home abuse, it is vital to recognize that time is of the essence when it comes to filing a lawsuit. In California, the statute of limitations for personal injury claims typically allows two years from the date of the incident to submit your case. Failing to meet this deadline can hinder your ability to obtain damages from those responsible.
Hiring an experienced nursing home abuse attorney in Berkeley promptly after the incident is crucial for ensuring that all critical timelines are met. Your attorney can evaluate your situation, identify any applicable exceptions, and ensure all necessary paperwork is submitted before the deadline.
Acting swiftly also helps put your lawyer in a position to conduct a thorough investigation. Over time, collecting witness testimonies can become increasingly challenging. Moreover, vital evidence, such as video surveillance, may be lost or become compromised. Even if you are not yet ready to take legal action, you should take steps to preserve potential evidence.
Berkeley Nursing Home Abuse Lawyer Near Me 310-844-9696
Most Nursing Home Abuse Cases Are Resolved Through Settlements
When pursuing compensation for nursing home abuse, keep in mind that most cases are settled without going to court. However, Arias Sanguinetti’s trial attorneys are fully equipped to bring your case to trial if necessary. Our strong courtroom reputation also enhances our bargaining power during settlement negotiations.
Opting for a settlement can result in faster financial recovery than a lengthy trial, which can be particularly beneficial for elderly clients. The nursing home will likely be eager to settle, as doing so will help them avoid the negative publicity that can accompany a trial.
We will not encourage you to accept a settlement deal that does not meet your financial needs. We will carefully evaluate the worth of your claim to help ensure you receive compensation that adequately addresses your losses. Let an experienced nursing home abuse attorney in Berkeley assess any proposals to help you get a fair settlement.
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Get Support From a Knowledgeable Nursing Home Abuse Lawyer Serving Berkeley Today
If you or a loved one has faced nursing home abuse, obtaining fair compensation can profoundly impact your life. The best thing you can do to help your case is to hire a knowledgeable nursing home abuse attorney from Arias Sanguinetti. We have recovered over $1.5 billion in damages for our clients over the years.
Contact us today by calling, completing our online contact form, or using our convenient chat tool to schedule your free case evaluation with a member of our legal team.
Call or text 310-844-9696 or complete a Free Case Evaluation form