Louisville Nursing Home Abuse Attorney

Abuse affects nursing home residents in many ways. With help from a Louisville nursing home abuse attorney, you are well-equipped to take legal action against any at-fault parties. Your lawyer can work with you to pursue damages for different types of abuse, including:

Physical Abuse

Nursing home staff can neglect a resident or intentionally hurt them. In these situations, and many others, the resident is subject to abuse. By partnering with a nursing home abuse lawyer in Louisville, a victim can take the first step to protect themselves and others from further physical harm.

Emotional Abuse

In a long-term care facility, staff members may shame, threaten, or humiliate a resident. These and other actions are completely unacceptable under any circumstance. An attorney can represent this resident in a nursing home neglect and abuse case against any liable parties.

Financial Abuse

An elder living in a care facility may give a staff member or someone else access to their bank accounts. They may do so since they believe the party they are entrusting access to will act in their best interests. Yet, this party may financially abuse their victim, and legal help may be needed to put an end to this problem.

Sexual Abuse

Sex abuse ranges in terms of severity. Regardless, all forms of sexual abuse should be reported immediately. Otherwise, these problems can escalate to the point where the victim is seriously injured or killed.

For those coping with elder abuse that results in a traumatic brain injury or another severe medical condition, get help from McCoy & Hiestand, PLC. To date, we have recovered millions in damages for our clients.

Do not wait to report a nursing home that condones abuse. A nursing home abuse attorney in Louisville can explain the steps required to notify the authorities about this and other health and safety issues. In addition to contacting the police, here are things to protect yourself and others from living facilities that may be harming residents:

File a Formal Complaint

The Kentucky Cabinet for Health and Family Services Division of Health Care investigates complaints relating to abuse, exploitation, and similar issues. Your complaint should include evidence and witness information, which will help agency officials perform a thorough investigation.

The Kentucky Office of the Attorney General provides resources for where to file an official complaint. As your Louisville nursing home abuse lawyer will advise you, it is important to file an official complaint to get it on the record.

Get Medical Care

Go to a doctor who can evaluate and treat you or your loved one’s injuries. Receive ongoing medical care, which can help prevent your injuries from getting any worse. As you do, keep track of your medical bills, as you can use these as proof to support your claim.

Gather Evidence

Medical records, witness statements, and other forms of proof may help you get compensation from an at-fault party. Each piece of evidence you collect can help you build a body of proof. If you have an abundance of evidence, you can make it clear to a judge or jury that you deserve damages.

In addition to the documentation of the actual abuse, you can also find supporting evidence of a pattern of negligent. The Kentucky Cabinet for Health and Family Services Division of Health Care publishes their investigation findings in annual reports.

Meet with a Lawyer

If you or a loved one is a victim of nursing home abuse and neglect, an attorney can assist you and your family. It may be difficult to discuss your case, but doing so can help you stop a nursing home staff member or another liable party from committing future hurtful acts. With a legal team at your side, you have nothing to worry about moving forward.

At McCoy & Hiestand, PLC, our team is committed to your success. We work diligently to pursue maximum financial compensation on your behalf. Our attorneys will make sure your claim is filed in accordance with Kentucky’s statute of limitations.

Proving a case of nursing home neglect is extremely challenging especially when the nursing home resident might be dealing with mental acuity challenges that prevent them from providing a thorough explanation of what is going on. There are also some signs of physical abuse that could be explained as the results of a fall, which might not be anyone’s fault.

When you hire our firm to take on your claim, you can expect a thorough investigation. We understand all aspects of nursing home abuse and that begins with an understanding of what the industry and state regulations require for the standards of reasonable care.

We also bring our proven negotiation skills to the case. Our goal is to reach a fair and equitable settlement and avoid the necessity of further legal action. However, if the only solution is to take the nursing facility to trial, you can depend on our seasoned litigation skills to represent you and your family.

Always remember that we understand what you’re going through and will provide you with guidance and support through the entire process.

Per Kentucky Revised Statute § 413.140, the statute of limitations for injury claims is one year. If you want to pursue damages due to a nursing home neglect or abuse injury, you have up to one year from the date of the injury to do so. After this window lapses, you may be ineligible for damages.

Nursing home facilities and other liable parties may have concerns about the strength of your case. Therefore, an at-fault party could propose a settlement. If you approve their proposal, you could get less compensation than what you may receive if you bring your case to trial.

As soon as a personal injury law firm evaluates your case, you can explore your legal options. The law firm’s attorneys can explain if they feel it is in your best interests to file a lawsuit. If you decide to sue, your lawyer can help you request damages for broken bones and other quantifiable and subjective harm.

The responsible party may have to pay economic and non-economic damages. A judge or jury will award economic compensation for losses you can quantify, and non-economic damages based on subjective harm. Here are reasons why a judge or jury will provide damages in an assisted living facility abuse case:

Medical Expenses

Physical injuries can affect you or your loved one for the rest of their life. As the injuries are treated, your medication expenses and other medical costs will escalate. Fortunately, you can ask any negligent parties to cover your costs for physical therapy, rehabilitation, and other short- and long-term treatments.

Pain and Suffering

Abusive behavior can cause pain and suffering that is difficult to measure. Your lawyer understands the types of nursing home neglect and abuse, along with the trauma that victims can experience. They can help you calculate your pain and suffering losses and put you in a strong position to secure fair compensation for them.

Loss of Enjoyment of Life

Unexplained injuries can impact your cognition and mobility. They can also make it difficult to enjoy your life to the fullest extent. With dedicated legal representation at your disposal, you can pursue compensation relating to the loss of enjoyment of life that follows you or your loved one’s abuse and neglect.

Punitive Damages

Nursing home abuse victims can sometimes receive punitive damages in conjunction with economic and non-economic compensation. A judge or jury will award punitive compensation to deter a liable party from committing acts of negligence in the future. Punitive compensation is typically very rare.

To get these and other damages, you must show nursing facilities or other liable parties were fully responsible for you or your loved one’s injuries. An attorney can help you craft a compelling argument. If the defendant in your case has concerns about the strength of your case, they may be inclined to offer a reasonable settlement.

Getting proper care is one of the best things you can do in the aftermath of you or your loved one’s abuse or neglect. Meanwhile, your lawyer can negotiate a settlement on your behalf. If your attorney receives an offer, they will let you know.

Nursing home abuse claims are often settled outside the courtroom. If the defendant in your case proposes a settlement, you have the opportunity to review it with your lawyer. Doing so can help you evaluate a proposal’s pros and cons and make an informed decision about it.

Your lawyer wants you to get compensation for your emotional harm and other losses you have incurred. If a settlement is less than what you deserve, your lawyer will tell you. With a settlement offer, you have the final say on whether to approve or decline it.

Senior citizens deserve to live their golden years surrounded by safety, security, and comfort. When those we trust to ensure the well-being of our elderly loved ones fail to fulfill their obligations, swift action is required. For those concerned about signs of nursing home abuse and neglect, personal injury attorneys can help.

At McCoy & Hiestand, PLC, we constantly strive to be the best. Our Louisville nursing home abuse attorneys can assist you with your injury case and help you pursue the most compensation possible. Contact us today to get started.