Nursing homes play an essential role in providing care for elderly community members, helping to maintain their health and overall well-being. However, the facilities entrusted with the care of our loved ones are not always as safe as we rightfully expect. If you or a loved one experienced abuse in a nursing home, a nursing home abuse lawyer in Emeryville can be of assistance.
At Arias Sanguinetti, our legal team is dedicated to advocating for those who have endured nursing home abuse, helping them seek compensation for their suffering. For over four decades, our team of Emeryville personal injury lawyers has been helping people harmed by the negligence or intentional actions of others. Contact us today to set up your free consultation.
Don’t Delay in Hiring a Skilled Emeryville Nursing Home Abuse Attorney
If you or a loved one has suffered from nursing home abuse, it’s crucial to understand that there are time limits in which to file a lawsuit. In California, the statute of limitations for personal injury cases typically allows you to file your claim two years from the date of the incident. Missing this deadline may prevent you from receiving damages from those responsible.
Promptly engaging the services of an experienced nursing home abuse attorney serving Emeryville after the incident is the most effective way to ensure that all necessary timelines are met. Your attorney can assess your situation, note any possible exceptions, and ensure that all required paperwork is filed on time.
Acting quickly also helps your lawyer conduct a comprehensive investigation. Gathering witness testimonies can become more difficult over time. Additionally, critical evidence, including video surveillance, may be lost or deteriorate over time. Even if you’re not prepared to initiate legal action right away, it’s wise to take steps to preserve potential evidence.
Various Forms of Nursing Home Abuse
Elderly individuals are particularly vulnerable to different types of abuse, often exacerbated by insufficient staffing or inadequate training. Common types of nursing home abuse include:
- Physical abuse
- Psychological and emotional abuse
- Financial abuse
- Neglect
Physical Abuse
Residents of nursing homes often face physical abuse from staff members responsible for their care. Those who mistreat residents may target individuals who have memory issues, difficulties in communication, or infrequent visitors.
The extent of physical abuse can vary drastically. While some abusers may lash out in frustration, others may carefully stage incidents to appear accidental, leading to serious injuries. Although such blatant violence is uncommon, abusers must be held accountable when they take action against residents.
Psychological and Emotional Abuse
Nursing home residents can also endure various forms of emotional abuse from staff members. Caregivers may verbally belittle residents through scolding or yelling. Other forms of manipulative tactics, such as gaslighting, where false accusations or undue blame are imposed, can further aggravate vulnerable individuals, especially those with communication challenges.
Moreover, nursing home employees may steal letters and packages or intercept phone calls to isolate residents from their families and friends.
Financial Abuse
Elderly nursing home residents often fall prey to financial fraud due to their perceived vulnerability. Some fraudulent schemes commonly seen in nursing homes to manipulate residents out of their money involve:
- Convincing residents to invest in sham opportunities
- Manipulating seniors into altering their wills so that they leave their savings to a nursing home employee upon their death
- Accessing or tricking residents into revealing their account passwords under the guise of helping the resident manage their money
- Stealing cash or other valuables directly from the personal spaces of nursing home residents
In some situations, financial institutions, including the nursing home resident’s bank, may also be held responsible for facilitating the abuse.
Important legal note: The statute of limitations for elder financial abuse differs from that of other types of abuse. Instead of two years, as with other abuse cases, those affected have four years to file claims. Victims of financial abuse may also be eligible for treble damages, which could allow them to recover three times the value of their losses.
Neglect
Neglect ranks among the most prevalent forms of nursing home abuse. Whether intentional or unintentional, failure of the nursing home and its employees to provide adequate care can lead to serious outcomes, including:
- Malnourishment
- Depression
- Bed sores
If you or a loved one experienced such mistreatment, a knowledgeable nursing home abuse lawyer in Emeryville can assist you. If nursing home abuse resulted in a loved one’s death, an Emeryville wrongful death lawyer can help you pursue justice.
Emeryville Nursing Home Abuse Lawyer Near Me 310-844-9696
The Majority of Nursing Home Abuse Cases Are Settled Outside of Court
While seeking compensation for nursing home abuse, it’s essential to recognize that most cases are resolved without going to trial. Nevertheless, at Arias Sanguinetti, our trial lawyers are fully prepared to take any case to court if necessary. Our strong reputation in the courtroom enhances our negotiating power during settlement discussions.
Pursuing a settlement can facilitate faster financial recovery than would be possible through a trial, which is especially valuable for elderly clients. For the nursing home involved, settling can also mitigate the negative publicity associated with a trial.
We will not advise you to accept an inadequate settlement. We will thoroughly assess the value of your claim and work to ensure you recover compensation that covers your losses. Let a seasoned nursing home abuse attorney serving Emeryville evaluate any offers to ensure you are getting a fair deal.
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Get Help From an Experienced Nursing Home Abuse Lawyer in Emeryville Today
If you or a loved one has experienced nursing home abuse, obtaining fair compensation can be life-changing. The most effective first step is to hire an experienced nursing home abuse lawyer from Arias Sanguinetti. We have successfully obtained over $1.5 billion in damages for those who have experienced nursing home abuse and other types of personal injuries.
Reach out to us today to schedule your free initial case review with a member of our legal team. We’ll review the details of your case, answer any questions you may have, and inform you of your legal options for pursuing compensation.
Call or text 310-844-9696 or complete a Free Case Evaluation form
