Whenever you look for a nursing home for your loved one, your top priority is securing the care they need. Unfortunately, while most people choose a nursing home based on factors like cleanliness, food, and amenities, most do not consider the possibility of sexual abuse. Sexual abuse is an unfortunate reality in some nursing homes. Nursing home residents are particularly vulnerable to these types of attacks because they often lack the mental capacity to consent to sex. An Arbutus nursing home sexual abuse attorney from Brown & Barron could hold a nursing facility accountable for this abuse.
It is important to notify the authorities immediately of suspected nursing home abuse. This is true not only to protect your loved one but also to prevent any further acts of abuse from occurring at the facility. When these acts happen, a nursing home abuse lawyer could help a victim seek justice through a civil case.
How Can an Attorney Help with a Sexual Abuse Claim?
Pursuing justice following sexual abuse in a nursing home can be difficult when you act on your own. However, when you rely on experienced legal counsel, your loved one could successfully pursue a personal injury case and hold their abuser accountable. Some of the ways an attorney could help with an abuse case include:
Investigate the Abuse
A thorough investigation is a crucial way to begin any abuse claim. For an attorney to successfully pursue an abuse case, they need to understand all the critical facts. For example, an investigation could involve speaking with nursing home residents or staff, reviewing police reports, and evaluating physical evidence.
Negotiating a Settlement
An essential part of many sexual abuse cases is negotiating a settlement. At times, there is little dispute that abuse occurred. In these cases, negotiations often focus on the appropriate amount for a settlement.
Filing a Lawsuit
Pursuing legal action can be the best opportunity to obtain monetary compensation in an abuse case. Defendants that were hesitant to begin settlement negotiations are often quick to do so once a lawsuit has commenced. When a fair settlement does not occur at that point, a lawyer could move the case forward to trial. Most nursing home abuse cases never reach that point, as settlements are typical. A lawyer could ensure your loved one’s case is prepared for any situation to get the best possible compensation.
Get in touch with a nursing home sexual abuse lawyer serving Arbutus, 410-547-0202 for a free case evaluation.
How Much Does a Nursing Home Sexual Abuse Lawyer Cost?
If you are considering an attorney to handle your loved one’s sexual abuse case, it is understandable if you are concerned about the cost. Although attorneys have developed a reputation for being expensive, it is helpful to understand that our firm operates on a contingency basis.
With a contingency basis, our law firm only collects our fee if we are successful. When we recover compensation on your behalf, we set aside a portion of your settlement for our time and expenses. That means you will never owe us anything unless we successfully secure damages in your case.
This approach allows you to seek justice regardless of your financial circumstances. Even if you cannot hire an attorney out-of-pocket, our firm could take the case without any upfront fees. If we are unsuccessful in your case, you will never owe us anything.
The Difference Between Civil and Criminal Abuse Cases
Elder sexual abuse is a criminal charge that could lead to fines and incarceration. However, it can also serve as the basis for a civil lawsuit. It is helpful to understand the difference between the two, given that the outcome of each type of case is very different.
The state files criminal sexual abuse charges in cases. The prosecutors have complete control of these cases, and they sometimes consult with the victim and their family about moving forward. If a prosecutor is successful, the abuser could face prison time and steep monetary fines.
A civil lawsuit is brought by the injured party, not the state. If a sexual abuse case is successful, the plaintiff (the abused person and his or her family) could be entitled to monetary compensation. An act of sexual abuse can result in both civil and criminal cases.
Proving Liability for Sexual Abuse in Nursing Homes
Different parties could be liable in a sexual abuse case. Thankfully, an attorney could help hold each of these parties accountable through the legal system. In addition to pursuing a civil claim against a sexual abuser, it could also be possible to pursue a case against the facility that allowed the abuse.
It is a common practice to pursue a civil lawsuit directly against the party responsible for sexual abuse. This is true whether it is a staff member, a person trespassing in the building, or an authorized visitor.
Often, it is possible to also pursue a lawsuit against the nursing home directly. Every nursing home owes residents a duty of care. This includes providing safe living conditions from the risk of sexual assault.
There are different ways a nursing home or its owner could be held liable for the sexual assault of a resident. For example, if an employee commits an assault, the owner could also be responsible for damages. Moreover, a facility could be liable when management’s negligence led to the assault. This could include negligent hiring practices or the lack of adequate security or staff supervision.
Speak to Our Nursing Home Sexual Abuse Attorneys About Your Claim Today
No one should have to face acts of sexual assault in a nursing home. The residents of nursing homes deserve to live their lives peacefully, and these acts can have lasting consequences for the victim.
If your loved one was sexually assaulted, now is the time to seek legal guidance. An Arbutus nursing home sexual abuse attorney from Brown & Barron could help pursue justice on your loved one’s behalf. Contact us today for a free consultation.
Contact Brown & Barron online today to schedule a free case review with a with a nursing home sexual abuse lawyer serving Arbutus.