North Carolina Nursing Home Abuse Lawyer

North Carolina Nursing Home Abuse Attorney

If you have discovered that a nursing home has failed in its duty to protect and care for your elderly loved one or that they have been abused by a caregiver, it is crucial to connect with a skilled North Carolina nursing home abuse lawyer as quickly as possible to discuss your legal options in this difficult situation.

You need to remove your family member from the dangerous situation as swiftly as possible, but you must also assess your options for ensuring accountability and securing compensation for your family’s damages. Pleasant Law, PLLC, focuses on legal counsel for nursing home abuse and neglect cases, and we can provide the compassionate representation you need to resolve this tragic experience.

Why You Need a Nursing Home Abuse Lawyer

It is vital to know how to ensure accountability for those who have abused and/or neglected your elderly loved one and how to recover compensation for your family’s damages. While it is possible to pursue your case alone, the reality is that you are unlikely to succeed without legal representation on your side.

An experienced North Carolina nursing home abuse lawyer is the ideal resource to have on your side in this situation. You can rely on your legal team to help you gather the evidence necessary for proving fault for the abuse your loved one suffered, and they will also assist you in navigating the legal proceedings necessary for resolving the situation as efficiently as possible.

Your case may require coordination with law enforcement as well as the North Carolina Department of Health and Human Services (DHHS). Specifically, the Division of Health Services Regulation may get involved in your case if a pattern of abuse is discovered within a nursing home in the state. The party or parties responsible for the abuse may not only face civil liability for your family’s damages but also severe criminal penalties.

Ultimately, you need a legal advocate you trust on your side to reach the optimal outcome of any type of nursing home abuse case. Pleasant Law, PLLC, has successfully resolved many cases for our clients, and we are ready to apply this experience to your nursing home abuse case.

Identifying a Nursing Home Abuse Case in North Carolina

One of the most challenging aspects of resolving incidents of nursing home abuse and neglect is accurately identifying when such incidents have occurred. Many family members trust nursing homes to care for their elderly loved ones and are only able to visit occasionally.

If your elderly loved one is a resident in any North Carolina nursing home, it is vital to be vigilant for any signs that they have been abused or neglected and to take appropriate steps whenever any such issues are identified. Many nursing home residents may be unable to convey the truth of their experiences, struggle with memory loss, or they may simply be afraid of reprisals from their abusers if they speak out. Nursing home abuse statistics indicate that a significant number of residents experience mistreatment, making it even more critical for families to remain observant and proactive in ensuring their loved ones’ safety.

Nursing home abuse can manifest itself in many ways:

• Physical abuse is one of the most commonly reported types of nursing home abuse. This may not only include intentional physical striking of an elderly resident but also failing to use appropriate care and caution when helping them move or repositioning them.
• Verbal abuse can be psychologically damaging to elderly residents. Ridicule, teasing, and preying upon residents who struggle with memory conditions and other psychological problems can be incredibly damaging. This mistreatment can cause their physical health to deteriorate and present a host of additional medical complications.
• Failure to provide basic necessities such as clean bedding, water, food, and timely medication doses may technically constitute neglect, but if this mistreatment is intentional in any way, then it qualifies as abuse.
• Nursing home residents could be subjected to various forms of sexual abuse, which may not only cause physical damage but also psychological trauma. Residents subjected to such abuse may also contract venereal diseases that complicate their already delicate medical conditions. Those responsible for this type of mistreatment can face criminal prosecution and harsh sentencing.

These are only a few examples of how nursing home abuse could manifest. If you visit an elderly loved one and see unexplained bruises, if their demeanor seems depressed, nervous, or fearful, or if you have concerns about the state of their living space, it is very important to address these concerns right away. Additionally, if you notice any signs of nursing home medication errors, such as missed doses, incorrect medications, or unusual side effects, these issues should also be addressed immediately, as they can have serious consequences for your loved one’s health and well-being.

If the nursing home staff cannot provide reasonable explanations for any signs of abuse or neglect, it is crucial that you contact a North Carolina nursing home abuse lawyer as swiftly as possible. They will assist you with gathering evidence to determine the truth of the situation and help you hold the appropriate parties accountable for the harm they have caused.

It is worth taking time to investigate any potential abuse as quickly as possible if you are able to do so. For example, if your elderly loved one has a roommate and you are able to ask them a few questions, they may be able to tell you what they have seen and heard and assist you in your efforts to determine what exactly has happened.

Proving Liability in a Personal Injury Case

In any personal injury case in the state, the injured plaintiff must accurately identify the defendant or defendants responsible for causing their damages, prove exactly how they caused these damages, and then prove the full scope of those damages in order to succeed with their claim. This begins by establishing the duty of care owed by the defendant to the plaintiff and presenting evidence to show they intentionally or negligently breached this duty of care.

The next step in proving liability is showing that the defendant’s actions resulted in actual harm to the victim, meaning they suffered some measurable loss. Finally, the plaintiff must also establish causation. This means proving that their claimed losses were the direct result of the defendant’s negligence or misconduct and that they did not result from any other cause. In cases involving nursing home falls, it must be shown that the fall occurred due to the facility’s failure to implement proper safety measures, such as insufficient supervision or inadequate fall prevention protocols, leading to the victim’s injury.

The average person may not know what evidence they will need to prove liability or how to secure it. When you choose Pleasant Law, PLLC, as your legal counsel, you will have a dedicated legal representative who can help you build the foundation of your claim. We know how to secure the evidence that you will need to firmly establish fault for the abuse your loved one suffered.

Challenges Faced in Nursing Home Abuse Cases

Many attorneys throughout the state will not accept nursing home abuse and neglect cases because of how difficult it can be to win these cases. Nursing homes and their parent companies have lobbied local and state governments over the years in various ways, securing broad leeway to conduct their operations. This affords them plenty of opportunities to allow neglect and abuse to go unchecked.

Pleasant Law, PLLC excels at resolving nursing home abuse cases because we know the legal protections upon which these companies often rely and how to dismantle them on behalf of our clients. We can help you navigate the reporting process with the state DHHS to ensure appropriate attention is brought to the situation at hand.

You can rely on our team to not only help you navigate the various formal procedures necessary for reporting and investigating nursing home abuse and neglect at the government level but also for creating a strong civil suit that aims to ensure accountability and compensation for your family’s damages.

It is important to remember that while a single person may have abused your elderly loved one, it is possible for other parties to bear liability for the abuse because they either knew what was happening and failed to stop it or they actively worked to cover it up. Some nursing homes and assisted living facilities in the United States have been prosecuted for actively covering up abuse from staff members in order to preserve their public image.

Resolving your nursing home abuse case may also require intense negotiations with insurance companies representing these businesses. While it is possible to secure an insurance payout in response to nursing home abuse, it is generally wise to assume that an insurance company will do everything it can to pay out the lowest possible settlement. An experienced attorney is a potent ally to have on your side in any interactions with an insurance company.

Claiming Compensation for Nursing Home Abuse in North Carolina

A successful nursing home abuse case could yield valuable compensation for your family that not only enables you to recoup losses suffered because of the abuse but also approach the future with greater economic flexibility. Insurance companies may attempt to lowball your settlement offer, but trust the team at Pleasant Law, PLLC, to fight for maximum compensation for your damages, taking the case to court if necessary.

In a North Carolina personal injury case, it is possible for the injured plaintiff to seek compensation for both economic and non-economic damages that they suffered because of the defendant’s actions. Economic damages are direct financial losses, such as additional medical expenses, anticipated future medical expenses, travel costs, and other out-of-pocket expenses resulting from the incident.

If you were forced to take time away from work to care for your abused loved one, it is also possible to hold the defendant accountable for lost income. In addition to economic damages, the plaintiff may also seek compensation for non-economic damages such as physical pain and psychological trauma that the defendant inflicted.

The state does not place any limitations on compensation for pain and suffering in most personal injury cases. The amount the plaintiff can receive will generally depend on the overall severity of their experience and the scope of long-term harm the defendant caused. Your North Carolina nursing home abuse lawyer can help you maximize this aspect of your recovery and explain any additional damages you may be able to secure from the defendant.

Punitive Damages in North Carolina Nursing Home Abuse Cases

In addition to the economic and non-economic damages you seek with your nursing home abuse case, it is also possible for a plaintiff to receive punitive damages at the court’s discretion. As the name suggests, these damages aim to punish the defendant for their illegal misconduct. It’s possible to receive punitive damages from the abuser and/or their employer if the evidence shows the employer knew about or reasonably should have known about the abuse.

The amount paid in punitive damages typically depends on the defendant’s overall financial status and the severity of the harm done. In addition to these punitive damages, a nursing home or other employer could also face additional penalties for their employees’ abusive conduct. Your North Carolina nursing home abuse lawyer can explain how any such variables could influence your civil claim for damages.

Negotiating a Settlement for Nursing Home Abuse Case in North Carolina

It is possible to resolve a personal injury claim outside of court. This will require both parties to agree to negotiate mutually acceptable terms for resolving the case. Generally, settlement enables the parties involved to resolve the case far more quickly than litigation would allow, but only if they are both willing to compromise on the outcome.

In the event that settlement is not an option, the case will need to go to court and be resolved through litigation. This is a complex and difficult process, and you will need a seasoned nursing home abuse lawyer on your side to reach a positive result. The team at Pleasant Law, PLLC, has years of experience litigating difficult nursing home abuse cases and we are confident we can guide you and your family through these proceedings efficiently.

What to Expect From Your North Carolina Nursing Home Abuse Lawyer

Ultimately, the discovery that your elderly loved one has been abused by the people you trusted to care for them can be a frustrating and distressing experience. You’re likely to experience a strong mix of emotions at this time and will need help making sense of your legal options. The right attorney can be an invaluable asset in this situation as they can provide focused guidance when you need it most.

Pleasant Law, PLLC, can work closely with you to help you gather the evidence needed to firmly prove liability for the abuse your loved one suffered. We can help obtain witness statements from other residents as well as staff members. We may also be able to obtain security camera footage that may have captured the abuse your loved one suffered and identify those responsible.

Whether a single perpetrator is responsible for the abuse, several acted in concert, or the employer knew about the abuse but covered it up and/or failed to address it, we can assist our client in developing a cohesive legal strategy to ensure accountability.

When it comes to securing compensation for your family’s damages, you can rest assured that our firm will do everything we can to maximize your case award. If your family has incurred economic damages to resolve the abuse your loved one experienced, we can not only work to ensure full repayment of these financial losses but also help secure fair pain and suffering compensation that reflects the severity of the victim’s experience.

Consult Our Lawyer for Your Nursing Home Abuse Case

If you believe your elderly loved one has been abused in a nursing home, it is imperative to take steps to remove them from this dangerous situation as swiftly as possible. An experienced North Carolina nursing home abuse lawyer can assist you in gathering the evidence you will need to firmly establish liability for your damages and explain the process of holding the abuser and/or their employer accountable.

During your initial consultation with our firm, we can listen to your story and determine whether we can assist you in taking further legal action. Our firm maintains a balanced caseload to ensure we can provide proper attention to every client we represent. You have a limited time in which to file your case, and it is always optimal to start gathering evidence for a nursing home abuse case as quickly as possible.

Contact Pleasant Law, PLLC, today to schedule a free initial consultation with a trusted North Carolina nursing home abuse lawyer. We can review the details of your situation and help you develop a strategy to ensure accountability and compensation for your family’s damages.