Elder Abuse Victimizes Millions of American Seniors Each Year

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One in eight senior citizens will be victims of elder abuse, and even then, the statistics from federal agencies may underestimate the problems that can exist in assisted living facilities and nursing homes. People who need daily assistance are naturally vulnerable, and nursing home lawyers see frequent cases where clients have been left to suffer or been hurt by those paid to care for them.

There are federal laws in place that are supposed to help, beginning in 1965 with the passage of the Older Americans Act and the Vulnerable Elder Rights Protection Program in the early 1990s. In both cases, however, the statutes do not institute penalties but were instead designed to provide funding and assistance to state agencies on aging and related organizations to help publicize signs of elder abuse as well as criminal statutes that are in place in all 50 states.

These laws can vary significantly, as some expand on existing assault and battery laws while others focus on institutional settings such as nursing homes. In many cases, however, the chief way for adult children and other loved ones to get redress for instances of senior abuse are through civil lawsuits. Even when nursing home lawyers are involved, however, state laws can impact how a jury can award damages based on pain and suffering.

A common example is Nevada where not only do elderly plaintiffs receive priority docketing but also allows for double damages for any personal injury suffered. In Georgia, punitive damages may be available if a jury decides that there were a lack of institutional controls or wanton negligence. For elderly victims in a growing number of states, there are waivers for minimum losses as many senior citizens who are victims of nursing home neglect have little in the wa of property to lose.

While it may not surprise families that aides who make close to the minimum wage may crack under stress, trying to figure out whether or not there have been instances of abuse or neglect can be difficult, especially in the case of patients with Alzheimer’s Disease, for example. Until proven otherwise, relatives should consider all signs of elder abuse, including their loved one’s complaints, and consult with staff members and other residents for more information.

Legal action may also be required, and the first step is to consult with an elder abuse attorney. These practitioners have experience working with clients who may have memory difficulties or issues with communication and are aware of state laws that govern what damages may be available to potential plaintiffs.

Learn more and get a no-cost case eligibility review at the  Elder Abuse Nursing Home Neglect Class Action Lawsuit Investigation. Filling out the form there entitles one to a free consultation with an elder abuse attorney. It is important to act quickly, not just to protect an aging loved one, but also to prevent any issues regarding statutes of limitations.