HARRISONBURG ELDER ABUSE ATTORNEYs

There are a number of reasons why so many elderly residents are abused or neglected in nursing homes and assisted living facilities. The most prevalent reasons include poorly trained staff, not enough staff, improper background checks, and unqualified staff. Moreover, many residents are unable or are afraid to speak out about the abuse they have suffered out of fear and embarrassment.

There are numerous red flags that can potentially indicate that an elderly resident is being abused or neglected. Cuts, fractures, missing items of value, depression, anxiety, unexplained loss of weight, urinary tract infections, and bedsores can be signs. Abuse can also be psychological, so even if your loved one is not injured, pay attention to his or her behavior for signs of emotional or psychological trauma.

Hiring a nursing home abuse attorney will help increase your chances of obtaining compensation on behalf of your loved one. He or she will investigate the situation and gather the necessary evidence to build a solid case against the responsible party. Most importantly, if abuse or neglect are occurring, something needs to be done to put a stop to it and to protect your family or other residents.

When you talk with a nursing home neglect attorney in Harrisonburg, you can also get guidance on immediate safety steps, such as documenting injuries, requesting care conferences with facility leadership, and making reports to Adult Protective Services. An attorney can help you understand how facilities in Virginia are regulated, what records you are entitled to request, and how to preserve evidence that may later support a civil claim on behalf of your loved one.

Depending on the condition and mental state of the resident, either a family member or the resident can file the lawsuit.

In some situations, a court-appointed guardian or person holding a valid power of attorney may bring a claim when the resident is no longer able to make legal decisions independently. A senior abuse lawyer in Virginia can review any advance directives, guardianship orders, or estate planning documents to confirm who has authority to act, and can explain how claims for an injured resident may also intersect with the estate if the person has passed away.

It is possible for abusers to face both criminal and civil penalties for their actions. Civil restitution will provide monetary compensation for your loved one, which will cover his or her medical bills, pain and suffering, and the need for future treatment and care.

No. Most cases actually are settled before trial. While we have extensive trial experience and are willing to try cases where necessary, we understand that few people really want to go to court. While we extensively prepare every case for trial, our experience is that those preparations facilitate settlement negotiations and most cases are actually resolved before trial.

We will talk with you about what it means to bring a claim in the courts that serve Harrisonburg and how settlement negotiations typically unfold in elder abuse and nursing home neglect cases. Our goal is to help you make informed choices about whether to resolve a claim before trial or proceed to a hearing, based on your family’s needs and what you feel is appropriate accountability for the facility and staff.