Learning that your loved one has been neglected or physically abused in their assisted living facility or nursing home can be upsetting. You may be ready to bring their abuser to justice and ensure your family member is compensated for their suffering accordingly. However, the claims process can be complex since many parties could share fault.
This is when you need the help of an experienced and knowledgeable Collierville personal injury lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC working for you. You can get the legal support you need to get through these difficult times and make the liable parties pay. Contact our team for a free consultation today to learn more about which legal options may be available for your case.
When to Call a Nursing Home Physical Abuse Lawyer in Collierville for Help
You may not always be sure when it is the right time to contact a nursing home physical abuse lawyer in Collierville, TN. It is not unusual for the family members of nursing home abuse to be unsure whether their family member has been taken advantage of, neglected, or abused.
Your GKBM attorney can help you understand what actions and behaviors constitute abuse and which signs to notice. Some of the most common signs of physical abuse in nursing homes include:
- Social isolation
- Expressing fear of their healthcare providers
- Unexplained bruising
- Unexplained welts
- The development of bedsores
- Unexplained broken bones
- Unexplained cuts or lacerations
- Unexplained burn injuries
- Sudden behavioral changes
These are only a few signs you should look out for if you suspect your loved one is suffering from nursing home abuse or neglect. If you are unsure whether certain behaviors constitute physical abuse in nursing homes, do not hesitate to contact your lawyer to discuss your concerns in further detail.
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Compensating Victims of Nursing Home Physical Abuse
One of the most important tasks your nursing home physical abuse attorney in Collierville, TN, will take on is calculating the value of your claim. Nursing home abuse victims have the right to be compensated for every way their lives have been turned upside down by the physical abuse they suffered. Here are some of the most common damages awarded in nursing home abuse complaints:
Economic damages describe the financial cost of the nursing home abuses your family member experienced. Damages can take many forms. Some examples could include
- Theft of cash, retirement savings, and Social Security disability benefits
- Healthcare expenses
- Cost of relocating to a new nursing home or assisted living facility
- Ongoing mental health counseling and costs of prescription medications
- Personal property damages, where applicable
- Damage to your loved one’s credit report and score
In addition to economic damages, you could recover a variety of losses that do not have a fixed financial value. These are commonly referred to as general damages or non-economic damages.
Non-economic damages are subjective since they can profoundly impact a victim’s life. As a result, it is essential that your loved one be compensated for this loss. Examples of non-economic damages that could be recovered in a nursing home abuse complaint include:
- Emotional distress
- Mental anguish
- Physical pain and suffering
- Reduced quality of life
- Skin scarring and disfigurement
- Loss of consortium, including an intimate spousal relationship
- Embarrassment, indignity, shame, and fear
Punitive damages are not a loss you can seek compensation for in your nursing home abuse complaint. Instead, punitive damages are awarded when the court system determines the defendant’s conduct was intentional, reprehensible, or grossly negligent.
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How to Make the Abuser Pay
Your Collierville nursing home physical abuse attorney is responsible for reviewing your legal options with you. They will help you determine how your family can bring the liable party to justice and recover the compensation your family member deserves. You can pursue legal action in multiple ways in your case.
Some examples include:
- Filing a medical malpractice insurance claim
- Filing a civil lawsuit against the liable parties
- Reporting your nursing home abuse complaint to the necessary government agencies and authorities
Other Potentially Liable Parties
One of the benefits of pursuing a nursing home abuse complaint is that you can hold accountable anyone and everyone who contributed to the physical abuse your family member suffered. Some of the various parties you could sue for damages include:
- The nursing home facility
- The nursing home facility’s parent company
- Nursing home physician
- Nursing home nurses and nurse’s aids
- Nursing home administrative staff
- Kitchen, janitorial, and laundry personnel
- Nursing home anesthesiologist
- Nursing home pharmacies
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Agencies for Reporting Nursing Home Physical Abuse
Your nursing home physical abuse attorney is here to help you with your insurance and civil claims. However, this is not the end of the line for your complaint. When you report your nursing home physical abuse concerns to the necessary government agencies, they can open up a formal investigation into the facility.
You might be the first to uncover a long history or multiple instances of nursing home abuse and neglect. Some of the agencies you should be prepared to report your concerns to include:
- The Collierville Police Department
- The Tennessee State Police
- Tennessee Adult Protective Services
- The Tennessee Department of Health, Division of Health Care Facilities
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The Statute of Limitations for Nursing Home Physical Abuse Claims
Be sure to start your nursing home complaint as soon as possible. Insurance companies have strict deadlines limiting the time you have to file your claim. The Tennessee personal injury statute of limitations also requires that you file within a specific window of time.
Under the law, you will have up to one year to file your claim. When you are not sure when the statute of limitations is supposed to expire for your case, the best thing you can do is get a knowledgeable nursing home physical abuse attorney on your side who can offer clarity and support.
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Contact a Nursing Home Physical Abuse Lawyer in Collierville for Help Today
The claims process for nursing home abuse and neglect is notoriously tricky. Fortunately, you do not need to go through the claims process alone. Get help from a compassionate and dedicated Collierville nursing home physical abuse lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC, and get justice for your loved one.
You can start your insurance and civil claims as soon as today. Fill out our online contact form or call our office to schedule your free, no-obligation consultation and learn more about how much your nursing home abuse complaint could be worth.