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Abuse and neglect are unfortunately common malpractices in nursing homes and assisted living facilities. The World Health Organization (WHO) reported alarming rates about staff members who admitted to abusing or neglecting nursing home residents, stating that two in three staff members claim these offenses.

If you or a loved one fell victim to abuse or neglect in a Seneca nursing home, you may have options to take legal action against the elder care institution. A Seneca nursing home abuse lawyer from Hammack Law Firm can lead your case development and present your argument against the liable party or parties in trial or out-of-court meetings.

What Services Can a Personal Injury Lawyer Provide in a
Nursing Home Abuse Case?

At Hammack Law Firm, we treat our clients as if they were members of our own family. Our heart goes out to elder abuse victims because we know that this demographic is vulnerable to the cruelties of desensitized workers in the nursing home industry. We do not accept burnout or understaffed facilities as a valid excuse to cause harm to elder adults, which is why we want to help victims hold these institutions accountable.

When you agree to work with a Seneca nursing home abuse lawyer from our firm, we offer to:

  • Confirm whether other parties besides the nursing home may be held liable for injuries and damages, such as specific workers, other residents, guests, or third-party individuals that visit the premises
  • Conduct our own investigation into your case to collect as much evidence as possible that can support your claims about the abuse
  • Interview witnesses who can provide testimony about the abuse you suffered
  • Handle phone calls, email messages, and other communication attempts from the defendant or their attorney so that we can protect your case
  • Attend negotiation meetings to potentially work out a settlement deal with the defendant and avoid trial
  • Take your case to court if the defendant does not want to cooperate during negotiations and offer fair compensation

Want to know what it’s like working with our attorneys on a personal level? You can read our Google reviews, where our clients discuss their experiences and how we’ve guided them through difficult stages in life. Litigation can be intimidating for most, so we aim to be a beacon of light that guides you throughout your legal journey.

Which Damages are Compensable in a Nursing Home Abuse Case?

The following damages are compensable in nursing home abuse cases:

  • Pain and suffering, both emotional and physical pain
  • Medical care expenses, both current and future
  • Property damage costs, including the cash value of stolen or destroyed property
  • Income-related losses, such as loss of Social Security benefits, disability benefits, pensions, and other retirement benefits
    Permanent disability or disfigurement caused by the abuse
  • Reduced quality of life

Certain compensable damages may need to be assigned a monetary value when demanding compensation. For example, if you or a loved one suffered intense emotional distress because of the abuse and it resulted in depression or psychological trauma, our team may factor in the mental impact of the abuse. Additionally, if this damage led to psychiatric treatment, we could factor in those costs to support our estimate for the emotional damages.

Our goal is to be as accurate as possible when listing and calculating your damages, as you will not be able to demand additional compensation once your case settles, even if you experience new damages.

How Long do Nursing Home Abuse Victims Have to File Their Cases?

If you would like to file a lawsuit about your or your loved one’s nursing home abuse, you generally have three years from the date it occurred or the date it was discovered to do so, per rules set by S.C. Ann. § 15-3-530.

Certain factors may alter this deadline, such as cases involving medical malpractice, but most plaintiffs must abide by the general statute of limitations in South Carolina.

What Happens If a Plaintiff Misses Their Case’s Filing Deadline?

If a plaintiff fails to submit their lawsuit with its appropriate filing deadline, their case may be dismissed, which would bar them from being able to demand compensation from the defendant. A case dismissal would absolve the defendant of any liability, giving them grounds to reject negotiation attempts outside of court since there would no longer be a threat of a lawsuit.

If you are unsure whether you should move forward with a lawsuit, our legal team can review your case for free and advise you on what steps to take. If you decide to work with a Seneca personal injury lawyer from Hammack Law Firm, we will immediately start building your nursing home abuse case so that we can submit it on time.

What are the Different Types of Nursing Home Abuse?

Different types of nursing home abuse include:

  • Emotional or psychological abuse: Victims may get yelled at or threatened. They may be isolated from others or humiliated in front of them, which can cause severe depression, anxiety, and even suicidal thoughts.
  • Physical abuse: Abusers may physically harm victims by hitting, cutting, burning, choking, restraining, or slapping, among other forms of attack. Physical signs of injuries may be noticeable, such as bruises, cut or burn marks, or lame appendages.
  • Sexual abuse: Sexual abuse can involve direct sexual acts, such as assault, molestation, or even rape. However, other forms of sexual abuse can involve exposing victims to sexual imagery, sounds, or performed actions against their consent.
  • Financial abuse: Financial abuse can involve manipulating victims into signing away inheritances or monetary checks through threats or false claims. Victims may not even be aware of the financial theft until they can no longer afford bills, medical care, or other life necessities.
  • Neglect and abandonment: Facilities must provide adequate care for residents. When their basic needs are not met, neglected residents may have poor hygiene, be hungry or dehydrated, or show signs of infection due to lack of care. Neglect can be deadly if residents do not receive their medications, get nutrition, or get medical treatment should an injury occur.

Who Can Be Held Liable When Abuse Takes Place in a Nursing Home?

The following parties can be held liable if abuse or neglect occurs in a nursing home facility:

  • The nursing home institution
  • The nursing home facility owners
  • Care staff on the premises, such as nurses, doctors, and tech assistants
  • Other staff workers on the premises, such as janitors, cooks, and front desk workers
  • Third-party workers who come in and out of the nursing home facility, such as delivery personnel, hospice workers, or recreational activity volunteers
  • Other residents who live in the nursing home
  • Guests who visit the nursing home

Our team will investigate who may be held liable for the abuse you or your loved one suffered. If we determine multiple parties may hold liability, we can discuss whether it may be in your interest to file more than one claim or lawsuit to pursue compensation.

Let Our Seneca Nursing Home Abuse Lawyer Lead Your Case in South Carolina

At Hammack Law Firm, we help elder abuse victims stand up against the nursing home facilities that failed to keep them safe on their premises. If you or a loved one suffered elder abuse in a Seneca care institution, our lawyers want to review your case and see how we may be able to represent you.

Call (864) 326-3333(864) 326-3333 today to get a free consultation with a member of our legal team. Our lawyers work on a contingency-fee basis, so you do not owe any attorney’s fees unless we win your compensation.

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