As many people grow older, they require more care and assistance than they once did. They may need help with life tasks because they struggle to understand things that were once simple or to do activities that they were once able to complete with ease.
In some cases, unfortunately, that help goes wrong: instead of caring for a senior, caregivers choose instead to abuse or mistreat them. Whether intentionally or negligently, this depraved behavior can have lasting impacts on a senior’s health, financial status, and overall well-being.
If you have a senior loved one in the Mt. Pleasant area who suffered from elder abuse, contact attorneys who can help support you through the process of getting your loved one to safety and pursuing justice. Contact Hughey Law Firm today at (843) 881-8644 to schedule your free consultation and learn more about how we may help.
At Hughey Law Firm, we aggressively fight for justice for the victims of elder abuse, whether it occurs in a nursing home or because of the actions of an in-home caregiver. We’re dedicated not only to seeking financial compensation for victims and their families, but also to taking steps to ensure your loved one and others similarly situated to not continue to suffer abuse. We bring extensive experience in a wide range of personal injury cases to seeking the best outcome possible for our clients, while providing compassionate and knowledgeable support.
When It’s Elder Abuse
Elder abuse takes a variety of forms: financial, physical, sexual, and emotional. Some of it involves intentional wrongdoing (such as defrauding seniors), but an even larger portion constitutes neglect. It’s important to clearly define the different types of elder abuse in order to better understand how they can impact your senior loved one.
- Physical abuse occurs when physical force is intentionally used to cause injury or harm. This includes using physical force to force compliance. Note that physical abuse occurs only when force is used intentionally, not when accidents occur.
- Sexual abuse is inappropriate sexual contact with an elderly individual. This includes touching the genitals or other sexual areas inappropriately. Sexual abuse occurs when the contact is unwanted or the elderly individual is not able or competent to give consent.
- Emotional abuse occurs when words are used to cause harm or to force compliance in an elderly individual. This includes verbal or nonverbal behavior that causes fear or pain in the elderly individual in question.
- Neglect occurs when an elderly individual doesn’t receive the level of treatment they need and deserve when they’re in the care of another. This may include failure to feed, provide appropriate medical care or treatment, or provide care that will prevent an elderly individual from suffering.
- Financial abuse is a serious concern for many elderly individuals. Financial abuse occurs when a senior’s funds are used to pay for things for the abuser, rather than the things that the elderly individual needs, often without their consent. Financial abuse often goes hand in hand with neglect, emotional abuse, and other forms of mistreatment.
Who Is Responsible for Elder Abuse?
Most commonly, elder abuse cases involve nursing homes and in-home care providers who mistreat elderly patients in their care. In some cases, however, elder abuse may occur when family members who are responsible for caring for senior loved ones choose to provide a low standard of care, to steal money or other possessions from a senior, or to engage in other harmful activities. Working with a lawyer can oftentimes be the most effective way to determine who is responsible for the damages caused by the abuse in these cases.
Mt. Pleasant’s Elder Abuse Victims Deserve Compensation
Depending on the damages caused by elder abuse and who is responsible for that abuse, the damages that may be recovered vary widely. It’s also important to note that it can be difficult to obtain full restitution from private individuals, such as when a relative or friend financially abuses a senior. The damages potentially recoverable in a case of elder abuse include but are not limited to:
- Payment for medical expenses acquired as a result of the abuse;
- Compensation for pain and suffering;
- Compensation for funeral and burial expenses when abuse leads to death; and
- Compensation for financial hardship, including restoration of funds stolen.
With an attorney experienced in elder abuse matters to establish the extent of the injuries—whether physical, sexual, emotional, or financial—your loved one has sustained.
Fighting Against Elder Abuse
In many cases, elder abuse may be difficult to prove. The nursing home or caregiver may claim a senior’s injuries were self-inflicted, or that signs of neglect are in reality normal for their age and mental state, or that it was impossible to provide a higher standard of care because of a senior’s resistance. In some cases, providers may attempt to shift responsibility to a single individual within the care facility, rather than offering a reasonable statement of responsibility.
Even if you’ve managed to prove legal liability in a nursing home abuse case, without experienced legal representation, it can be a struggle to receive the compensation that an elderly victim deserves. Insurance companies may, for example, give you a settlement offer that is worth significantly less than the actual amount of damages due. Working with an experienced attorney is the most effective way to make sure that your loved one receives the full compensation amount they deserve.
Get the Legal Help You Need From the Hughey Law Firm
Hughey Law Firm offers a free consultation for you to discuss the facts of your or your loved one’s elder abuse case with an attorney who is experienced in the field. When our team agrees to represent a client for elder abuse, we handle the matter on a contingent fee basis, in which we only recover our fees out of any settlement or verdict that our client receives.
If you have an elderly loved one who has suffered from abuse, contact Hughey Law Firm today online or at (843) 881-8644 to schedule a free consultation.