Littleton Nursing Home Abuse Lawyer
When a family entrusts a nursing home with the care and well-being of an elderly loved one, learning they have suffered abuse or neglect at the hands of their residency can be a devastating discovery for a family. In cases such as these, the victim or a member of their family may take further action beyond merely reporting the misconduct to the authorities and file a lawsuit against the facility to receive financial compensation for the harm and losses they endured.
If an elderly family member of your or your loved one has been neglected or abused by the senior care home in which they reside or by a member of its staff, the nursing home facility may be held liable for damages. To pursue a personal injury claim against a nursing home for their gross mistreatment of a resident, do not delay in contacting a Littleton nursing home abuse lawyer to initiate the filing process.
Types of Elder Abuse in Senior Care Facilities
While most typically correlate the term abuse with only to the infliction of bodily harm, there are several other types of abuse that senior citizens may fall victim to while residing in a nursing home. Examples of the different kinds of elder abuse perpetrated by senior care homes include the following:
- Financial abuse (e.g., extortion, withholding or stealing received funds, etc.)
- Neglect (e.g., failure to adequately provide for or satisfy a resident’s needs)
- Psychological or emotional abuse
In any case, regardless of the type of abuse a nursing home commits, if a Littleton senior care home or its staff abuses or neglects a resident in any way, they could face civil penalties, i.e., court-ordered payment of monetary damages, in addition to severe criminal penalties under § 18-6.5-103 of the Colorado Revised Statutes (C.R.S.).
Recoverable Damages for Nursing Home Abuse or Neglect in Littleton
For a Littleton nursing home abuse victim to effectively receive compensation for their injuries, they must first file a personal injury claim against the nursing home no later than two years from the date of injury, as provided under C.R.S. § 13-80-102. If an injured party succeeds in their injury claim, they could seek to recover economic and non-economic damages from the assisted living facility.
In Colorado, “economic loss” is defined under C.R.S. § 13-64-202(1) as the pecuniary harm an injured party suffers (i.e., tangible, financial losses and costs), for which they may recover economic damages (e.g., injury-related medical care costs, lost wages due to injuries, etc.). “Non-economic loss,” defined under C.R.S. § 13-64-202(5), is nonpecuniary harm (i.e., intangible losses absent monetary value), for which an injured party may seek to recover non-economic damages (e.g., pain and suffering, emotional distress, etc.). Although there is a cap on non-economic damages under C.R.S. § 13-21-102.5(3) of $250,000 to $500,000 for injury claims not arising out of medical malpractice claims, there is no cap on the award of economic damages in such claims.
Consult a Qualified Littleton Nursing Home Abuse Attorney Today
For some of those with an elderly family member who can no longer feasibly care for themself, choosing to arrange for them to reside in an assisted living facility can be a difficult decision to make. For others, relying on the residential care services a nursing home provides may be the only option they have to ensure their loved one receives the medical care and attention they require. Unfortunately, despite the legal duty that these facilities have to perform the essential healthcare services to those who need it most, there continues to be a significant number of personal injury cases that arise from nursing home abuse or neglect every year.
If your aging loved one is a victim of nursing home abuse or neglect, their suffering need not be left unheeded nor uncompensated. To learn more about bringing a personal injury lawsuit against a nursing home for the infliction of mistreatment, a Littleton nursing home abuse lawyer could provide you with the assistance you need to do so effectively.