According to the World Health Organization (WHO), two in three staff members at nursing home facilities admitted to committing abuse within a one-year period, which sheds light on how often abuse and neglect occur in elder adult care institutions. People aged 65 and older remain vulnerable to abuse and neglect, especially those with health conditions that affect their memory, such as dementia and Alzheimer’s.
Hammack Law Firm advocates for abuse victims in nursing homes and assisted living facilities in Anderson, South Carolina. If your loved one suffered abuse or neglect in one of these institutions, an Anderson nursing home abuse lawyer from our firm can help you fight for compensation. We help victims build strong cases to hold these institutions accountable, and we want to do the same for your loved one.
What Our Nursing Home Abuse Lawyers Will Do for You
Building a case against an institution like a nursing home can be intimidating for many people, which is why our nursing home abuse lawyers step in for our clients and build their cases for them. When you decide to work with our firm, we can assist you with:
- A private investigation: We’ll use our resources to investigate your case and identify what abuse occurred, who caused the abuse, and who is liable for your loved one’s injuries and damages. If we discover more than one liable party, we may advise you to take legal action against each responsible party.
- Evidence retrieval: We will collect as much evidence as possible to support your claim. This may involve requesting information from the nursing home, interviewing potential witnesses, recording their testimony, and speaking with law enforcement if an official report exists.
- Legal paperwork: Our legal team will draft legal documents to prepare your case and submit them within their respective deadlines. Should you decide to file a nursing home abuse lawsuit, we will also identify your case’s deadline and submit your claim to South Carolina’s civil court system.
- Legal representation: While many people understand legal representation in a trial case, representation takes many forms. One of our nursing home abuse attorneys can represent you whenever inquiring parties reach out for a statement. This will allow us to protect you from making any claims that might be used against you. Additionally, if there is an opportunity to negotiate a settlement outside of court, your lawyer will lead negotiation talks.
- Legal counsel: Throughout your case journey, you may have questions about what decisions you should make, such as whether you should accept a settlement offer or continue with a lawsuit. Our attorneys provide legal counsel to help our clients better understand their legal options. We are transparent in the advice we give, and we will remain considerate of your concerns like we would for our family or friends.
For a free legal consultation with a nursing home abuse lawyer serving Anderson, call 864-326-3333
Our Law Firm’s Reviews Express How We Treat Our Clients
We don’t have to tell you how compassionate or empathetic we are with our clients – we can show you. Read some of our Google reviews here:
- “I was in a wreck and hit in the back end, got in with this law firm and it has been a wonderful experience. Dealing with Lynn Dunn and Dawn McGill has been great. They are very nice, professional women that I have enjoyed getting to know. Thank you all for your love and support.” – Renee Sigmon
- “There are not enough words to describe the great experience that I have had dealing with all of the kind people at Hammack Law. Whenever I called or texted, you would think I was their only client. They immediately answered and [were] always so professional, but yet made me feel like family. Lynn Dunn always made me feel like my problems were her problems and cared about every aspect of things going on in my life. You don’t get that treatment anywhere today.” – Jean Smith
- “I was very pleased with the quality of work and the outcome of my case. I felt they were genuinely wanting to do what was in my best interest. I especially appreciated how well my demand described my case and the hard work that went into it!” – Tara Richter
Anderson Nursing Home Abuse Lawyer Near Me 864-326-3333
Types of Damages Available for Victims of Abuse in Nursing Homes
In elder abuse cases, plaintiffs may qualify to pursue compensation for the following types of damages:
- Pain and suffering
- Current and future medical expenses
- Financial loss, including money lost to theft, identify fraud, and extortion
- Property damage, including the cash value of stolen property
- Permanent disability
- Physical disfigurement, which includes burn marks and scarring
- Psychological trauma and other forms of emotional distress, such as depression or anxiety
- Diminished quality of life
You may also be entitled to other forms of damages not listed here.
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Who Is Liable for Nursing Home Abuse?
Liability for nursing home abuse varies on a case-by-case basis. Once we review the facts of your case and gather evidence, we’ll explain who is liable for your loved one’s mistreatment.
Liable parties in a nursing home abuse case may include:
- Nursing home staff: Nursing home staff may have perpetrated abuse, making them clearly liable. Staff may also have failed to protect your loved one from abuse, which could make them liable.
- Nursing home administrators: Nursing home administrators may have failed to take reasonable steps to protect residents like your loved one. Administrators may also be liable by the very fact that they oversee the nursing home, even if they engaged in no obvious forms of negligence.
- Residents or visitors: Any nursing home resident or visitor who participated in abuse may be liable.
We must obtain the facts of your loved one’s case to establish liability. Rest assured that we will identify all liable parties and seek justice.
What Is the Standard of Liability in a Nursing Home Abuse Case?
Multiple liability standards may apply in a nursing home abuse case. Because abuse is often an intentional act, we may prove that someone intentionally caused your loved one harm, making them liable for damages. We may also use the negligence standard, by which someone fails to take reasonable steps to protect your loved one.
In proving negligence, we must show that:
- The negligent parties had a duty of care to your loved one.
- The negligent parties violated their duty of care by failing to protect your loved one.
- The negligent parties’ actions contributed to the harm your loved one has suffered.
We will make clear which damages have resulted from negligence. We will also rely on the legal standard of strict liability, which may apply to nursing home owners and administrators, as necessary.
A firm grasp of legal concepts and liability standards could be a credit to your case. This is precisely what our law firm offers, among many other benefits.
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You Have a Limited Amount of Time to File Your Nursing Home Abuse Lawsuit
In South Carolina, all personal injury cases must abide by their respective statutory deadline. The statute of limitations, per S.C. Ann. § 15-3-530, generally allows you three years to file your lawsuit.
This timeline may begin on the date the abuse began or the date you learned about your loved one’s abuse. Your lawyer can give you more information about the specific deadline in your case.
What Happens If You don’t Submit Your Elder Abuse Lawsuit on Time?
If you fail to submit your nursing home abuse lawsuit by its filing deadline:
- Your suit may be rejected upon submission.
- The defendant would have grounds to request dismissal of your case. If granted, they would be absolved of liability.
- A judge may dismiss your case, meaning you would lose your opportunity to pursue compensation through South Carolina’s civil court system.
We understand how important it is to submit legal paperwork within applicable deadlines, so we will take appropriate steps to do this on your behalf.
You Can Afford to Hire Hammack Law Firm
The South Carolina injury lawyers at Hammack Law Firm are dedicated to justice. We never let financial considerations stand between our firm and a client deserving of financial recovery. For this reason, we accept cases for contingency fees.
With contingency fees, you don’t pay us a guaranteed fee. Instead, you agree to provide us with a percentage of any recovery we secure for you. This contingency fee structure:
- Ensures that you pay nothing out of pocket, even if we win your case
- Prevents you from paying any fee if we fail to win your case—if we don’t win, you don’t pay
- Puts all of the financial risk on our firm, as we’ll cover all case-related expenses
We are confident in our team, and we know how hard we fight for positive outcomes. This structure also allows deserving victims of nursing home abuse to get legal help, regardless of their financial circumstances.
A Nursing Home Abuse Attorney Can Help You Seek Compensation
If your loved one was a victim of abuse in a nursing home in Anderson, a nursing home abuse attorney at Hammack Law Firm can represent you. Our attorneys will identify which parties may owe you compensation and help you build your case against them.
Call (864) 326-3333 today to receive a FREE consultation.