West Chester Nursing Home Abuse Lawyer
Elderly and disabled individuals should never have to worry about suffering in a nursing home. Unfortunately, abuse in these long-term care facilities does occur. At Wilk Law, we are here to help if you need a West Chester nursing home abuse lawyer by your side. Our team has extensive experience handling elder abuse and nursing home abuse claims throughout the Commonwealth of Pennsylvania, and we are ready to step in and ensure that your loved one receives the compensation and justice they deserve.
Why Choose Wilk Law?
- Wilk Law was formed based on the idea of protecting clients’ rights and ensuring that every victim receives the compensation they are entitled to.
- We have a thorough understanding of elder abuse laws in Pennsylvania, and we want to apply this knowledge to your West Chester personal injury claim to ensure your loved one is cared for.
- We handle Westchester nursing home abuse claimed on a contingency fee basis. This means that families and survivors of this type of abuse will not have to pay any legal fees until after we recover compensation for their losses.
Types of Nursing Home Abuse in West Chester
Data from the National Council on Aging (NCA) indicates that around one out of every ten Americans aged 60 and over have experienced some form of elder abuse. An estimated five million elderly individuals experience abuse or neglect each year in this country. Unfortunately, only a very low percentage of these cases are actually reported, so this data is likely far below what the reality truly is.
There are various types of elder abuse that you need to be aware of that could occur in a nursing home in West Chester. This includes:
- Physical abuse. This includes the intentional use of force against an elderly person in a facility that leads to pain or death. This can include punching, slapping, pulling, pushing, and grabbing, and can cause broken bones, bruising, burns, dislocated joints, sprains, hair or tooth loss, etc.
- Sexual abuse. Sexual abuse includes any type of forced or unwanted sexual interaction with an elderly person in a nursing home. Those who suffer from Alzheimer’s, dementia, or other disabilities are most at risk of sexual abuse.
- Emotional and psychological abuse. Psychological and emotional abuse are intentional actions that inflict fear, distress, and mental pain on an elderly individual. This can be accompanied by physical and sexual abuse, but it does not have to have any type of physical contact at all and can include humiliation, insults, isolation, name-calling, and threats.
- Neglect. Neglect occurs when a caregiver or nursing home facility refuses to provide a resident with their basic needs, including clothing, unkept hygiene, medical attention, nutrition and hydration, and protection from danger.
- Financial abuse. Financial abuse includes any unauthorized, improper, or illegal use of a nursing home resident’s resources by someone in a trusted position, including the nursing home employees. This can include using a person’s checks or bank cards, cashing benefit checks for personal benefit, forging documents or power of attorney, etc.
Time Limit for Filing Nursing Home Abuse Claims
It is important to understand that there is a limited amount of time to file nursing home abuse claims in Pennsylvania and in West Chester. In general, we will see that the overall personal injury statute of limitations is two years from the date an injury occurs, or two years from the date the injury is discovered. Failing to file a lawsuit against the alleged negligent party within this two-year timeframe will likely result in the nursing home abuse victim becoming unable to recover compensation.
However, for financial abuse or fraud, there are various other statutes of limitations that may apply, and we encourage you to reach out to a skilled nursing home abuse attorney in West Chester as soon as possible.
Types of Compensation Available for Nursing Home Abuse and Neglect Survivors
There may be various types of compensation as a result of a successful nursing home abuse claim. In some cases, this compensation may come through in the form of an insurance settlement, typically the insurance carrier of the nursing home. However, it may be necessary to file a civil lawsuit in order to recover compensation, in which case the compensation decision will come from a jury after hearing the evidence.
Regardless of where the compensation comes from, it is important for a nursing home abuse victim to recover both economic and non-economic losses. This can include, but is not limited to, the following:
- Complete coverage of all medical expenses related to the nursing home abuse or neglect
- Repayment for any expenses paid to the nursing home facility
- The cost of relocating the nursing home abuse survivor to a new and safe facility
- Physical pain and suffering damages
- Emotional and psychological pain and suffering damages
- Loss of quality of life damages
There is no set amount of compensation available to nursing home abuse victims in West Chester. Rather, the total amount of compensation paid through a settlement or as a result of a jury verdict will vary depending on the factors related to each particular situation. Some of these factors can include the severity of the physical or emotional injuries and the egregiousness of the abuse or neglect. A skilled attorney will work with trusted medical and economic experts to help ensure that your loved one is evaluated and that their losses are properly calculated.
Contact a West Chester Nursing Home Abuse Lawyer Today
If your loved one has been abused or neglected in a nursing home in West Chester, reach out to an attorney immediately. At Wilk Law, we think this type of abuse is important, and our goal is to help ensure that your loved one receives the care and compensation they are entitled to. When you need a West Chester nursing home abuse lawyer, you can contact us for a free consultation of your case by clicking here for our information form or calling (855) 938-1757. We have no problem standing up to aggressive insurance carriers to ensure that your loved one is cared for.