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Nursing Home Abuse Can Take Many Forms

The word “abuse” may conjure images of physical abuse or neglect, and you can certainly sue if your loved one was subjected to this type of abuse. However, this is not the only way a person, whether in a nursing home or elsewhere, can be abused. Mental, emotional, and sexual abuse are equally serious issues and should be treated as such.

The Louisiana Revised Statutes (RS) §2010.8, also called the “Residents’ bill of rights,” lists the rights that all people living in nursing homes have. These include the right to:

  • Communicate privately with anyone they choose without fear of censorship
  • Receive and participate in proper and necessary healthcare
  • File complaints against nursing home staff
  • Be treated in a non-abusive manner

If you have reason to believe that your loved one has suffered or is suffering from nursing home abuse, get help. Laborde Earles Injury Lawyers can assess your case free of charge and let you know if a Lake Charles nursing home abuse lawyer from our firm may be able to help you.

Damages May Include a Wide Range of Injuries

You may file a lawsuit under a variety of circumstances, even if your loved one has passed away because of their abuse injuries. In this situation, a wrongful death lawyer in Lake Charles can provide you with compassionate advice.

The two main types of monetary compensation in a nursing home abuse case are economic damages and non-economic damages. You may qualify for one or both types, depending on what types of injuries your loved one (and you) sustained. Some common examples are discussed below, but this is not a comprehensive list.

Economic Damages

If you spent money trying to resolve or manage the effects of your loved nursing home abuse, you might qualify for economic damages. These may include things like:

  • Medical expenses: if your loved one’s injuries were serious enough that they needed additional medical care
  • Funeral expenses: if you covered your loved one’s funeral and other end-of-life expenses
  • Other expenses: if you had to pay for any other costs associated with helping your loved one deal with, recover from, or get away from an abusive nursing home

Non-Economic Damages

“Non-economic damages” is the legal term for the physical and/or psychological effects that the abuse had on your loved one (or on you, if your loved one has passed away). Depending on the nature of your loved one’s injuries, you may be able to sue for:

  • Pain and suffering: if your loved one experienced physical, mental, or emotional distress
  • Disability: if the injuries affected your loved one’s physical or intellectual abilities
  • Reduced quality of life: if your loved one struggles with or can no longer perform activities that they could do before the abuse
  • Loss of companionship: if your loved one passed away and you can no longer depend on them for affection and emotional support

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How Legal Representation Can Help You

Monetary compensation can never fully make up for what your family has gone through. However, it can ensure that you do not need to worry about how you will cover any necessary expenses related to the loss of your loved one.

After submitting your insurance claim, you may have to negotiate with the liable party’s insurance company to try to receive a fair settlement offer. Laborde Earles Injury Lawyers can handle these negotiations for you. Here is how we may be able to help you before, during, and after the negotiation process.

Before

Once we have accepted your case, we can investigate all aspects of the alleged abuse and injury. This may involve seeking out evidence from as many sources as possible, such as:

  • Medical records
  • Surveillance footage
  • Witness statements, photos, or video
  • Police records

Armed with this evidence, we may be able to prove your loved one was abused, show how the abuse affected their life, and identify everyone who was involved in the abuse. We may also use this evidence to confirm or even expand on the list of damages you are suing for. Finally, we can contact the liable party about your insurance claim and/or lawsuit and file your case with the courts.

During

Many lawsuits never go to court. If yours does, do not worry: your lawyer can take care of everything, from scheduling court dates to delivering opening and closing arguments in front of a judge and jury.

Often, nursing home abuse cases are settled at the negotiating table. Your lawyer can use the evidence gathered earlier in the case to support your claims and argue vigorously on your behalf during settlement negotiations.

After

If you receive a fair settlement offer and decide to accept it, your lawyer can review and help you sign the settlement agreement. Only after you have received a settlement offer or court award will we bill you for our services.

Laborde Earles Injury Lawyers Can Help with Your Nursing Home Abuse Case

At Laborde Earles Injury Lawyers, we know how upsetting and infuriating it is to find out that someone has been mistreating a person you love. Let a Lake Charles nursing home abuse attorney from our firm handle your case and fight for the money that you and your family may deserve.

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Courtney Marsh is professional and passionate about her clients! Her communication skills are top notch and she has been amazing to work with! She is truly a blessing!

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