No one should have to worry about the safety of their loved one in a nursing home. Along with other forms of abuse, sexual abuse in such facilities is a devastating reality for residents. Often, negligence on the part of caregivers, administrators, and other staff allows for such abuse to occur.
At Arias Sanguinetti, our nursing home sexual abuse lawyers in San Jose help families seek justice, taking legal action against abusers and negligent corporations. With over 40 years in business and partners practicing law on a national level since the 1980s, we have the experience and resources to assist survivors.
Call us today for a free consultation. Our San Jose sexual abuse lawyers are ready to listen and help.
Signs Your Loved One May Be Experiencing Sexual Abuse in a Nursing Home
Identifying sexual abuse in a nursing home can be difficult. Your family member may be hesitant to speak out, and if they are experiencing cognitive issues like dementia, they may not be able to express the harm they are suffering. Our San Jose personal injury lawyers can investigate if you suspect abuse, especially if you notice the following signs:
- Attempts to flee or run away: Fear or confusion may lead your loved one to flee the nursing home grounds or isolate themselves from others.
- Physical injuries: Bruises, cuts, or soreness, especially around the genital area, can indicate abuse. Other signs include urinary tract infections and sudden incontinence.
- Emotional withdrawal and sudden behavioral changes: Noticeable and sometimes drastic changes in mood and behavior, as well as a newfound lack of interest in regular activities, may be a sign of trauma.
- Unusual interactions with nursing home staff: Take note if your loved one exhibits fear when interacting with caregivers, other residents, or other staff, as this can be a sign they are in fear of retaliation or ongoing abuse.
If something feels wrong when visiting the facility, trust your instincts. Take proper actions to secure your family memberโs safety, such as reporting suspected abuse to law enforcement and removing them from the premises. Our San Jose nursing home sexual abuse attorneys are committed to keeping your loved one safe and seeking justice.
Our San Jose Nursing Home Sexual Abuse Attorneys Can File Your Lawsuit on Time
Arias Sanguinetti is best known for representing plaintiffs in the USC Tyndall case, which helped extend the statute of limitations for abuse survivors. New laws acknowledge how long it can take for survivors to recognize and process the trauma of sexual abuse, allowing them more time to hold abusers and negligent institutions accountable.
The following extensions now apply to adult survivors of sexual abuse:
- Assembly Bill 2777 (AB 2777): You can file a sexual assault lawsuit if the abuse occurred on or after January 1, 2009, regardless of the statute of limitations expiring. This lookback window opened on January 1, 2023, and closes on December 31, 2026.
- California Code of Civil Procedure 340.16: You can file a lawsuit within 10 years from the date of the assault or three years from when you discovered or reasonably should have discovered the resulting injuries.
Our San Jose nursing home sexual abuse lawyers can determine how long you have to file a lawsuit for your loved one and streamline the legal process as much as possible.
San Jose Nursing Home Sexual Abuse Lawyer Near Me 310-844-9696
Potential Forms of Compensation for Nursing Home Sexual Abuse
Sexual abuse frequently results in physical, psychological, and financial harm. Survivors deserve to hold abusers and those who enabled abuse responsible. Our San Jose, CA, nursing home sexual abuse attorneys may be able to make a case for the following damages:
- Treble damages: California law allows for treble damages only when financial abuse occurs alongside sexual abuse. If this applies to your loved oneโs case, a court may triple the compensation awarded.
- Reimbursement for medical expenses already incurred: When sexual abuse results in physical injuries, we seek compensation to reimburse you for your family memberโs medical expenses already incurred.
- Therapy and counseling: Psychological treatment can help survivors process and heal from their trauma. Arias Sanguinetti can help secure medical liens, where you can receive medical treatment with a commitment to repay as part of a future financial recovery.
- Pain and suffering: Non-economic damages to account for the emotional trauma and suffering your loved one has experienced and continues to endure.
- Punitive damages: Courts award punitive damages to punish sexual abusers and institutions that enabled the abuse, as well as to deter similar behavior in the future.
Our nursing home sexual abuse attorneys in San Jose work on contingency. There are no upfront fees to begin your case and no costs to share. We only take a percentage if we secure a financial recovery for you. This arrangement allows you to pursue a case without worrying about the economic costs.
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What Sets Our San Jose Nursing Home Sexual Abuse Lawyers Apart
At Arias Sanguinetti, our team of attorneys prepares every case as if it will go to trial, which requires strong investigative skills. We may work with private investigators to gather crucial evidence. As well-known trial attorneys, we often receive referrals from other law firms who know that we have the resources and experience to take on even the most complicated cases.
Our team of lawyers has over 300 years of combined experience. We focus on quality over volume, providing each of our clients with the personalized legal care they deserve. Having served thousands of clients, we have obtained over $1.5 billion in verdicts and settlements, including high-profile class action cases.
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Let Arias Sanguinetti Fight for Justice for Your Loved One After Nursing Home Sexual Abuse
Our team of lawyers understands that nothing can truly make up for the trauma your loved one suffered. Still, we believe in holding abusers legally accountable and obtaining compensation that can give your family member access to the help they need to heal.
Call Arias Sanguinetti today to schedule your free and confidential consultation. We are here to help your loved one recover from the harm they suffered by providing compassionate, experienced representation.
Call or text 310-844-9696 or complete a Free Case Evaluation form