Gillette Nursing Home Abuse Attorney
Nursing home abuse is a growing epidemic in the United States. In Wyoming, criminal charges can be pressed against anyone who has abused elders in their care. While this will provide restitution to the state, the victims and their loved ones will not receive compensation after a criminal case. However, there is compensation available if the victim files a personal injury lawsuit against the nursing home.
Steven Titus & Associates, P.C., will fight to ensure you get the compensation you are entitled to after suffering from nursing home abuse in Gillette. Call our trial lawyers at (307) 257-7800 to set up your free consultation today.
Wyoming’s Adult Protective Services outlines the different types of elder abuse recognized by the state. These include:
- Physical or mental abuse
- Financial exploitation
- Sexual abuse
Nursing home staff are required to care for the residents in the home and ensure they are treated properly at all times. If they fail to do so – for example, withholding medication from a resident as punishment, allowing one senior to harm himself or other residents - they can be held liable for the victim’s medical bills and other expenses related to the abuse, including emotional distress.
Typically, the victim will file a lawsuit against the person or company that caused him or her injury. This isn’t always possible in nursing home claims, as the abused seniors don’t always have the mental capacity to make statements or testify in court. In these cases, close family member may file a lawsuit on the senior’s behalf. If a senior has died as a result of the abuse, the personal representative of the senior’s estate can file a wrongful death lawsuit.
If the abuser is charged with a crime, he or she will be tried in Wyoming criminal court. If convicted, the abuser may be ordered to pay restitution to the state and serve jail time. The family may not have control over whether the county prosecutor decides to file criminal charges.
If there is a criminal investigation, the results will have no bearing on a civil lawsuit – although a guilty verdict against the abuser will help prove him or her responsible. However, the victim can still file a lawsuit if the investigation is dropped, or the abuser is found not guilty. If a lawsuit is filed to claim compensation for the abuse victim, it will be processed through civil court.
If your loved one was abused or neglected in a Wyoming nursing home, you can expect a great deal of resistance from the facility when you try to claim compensation. While many nursing home abuse claims settle out of court, some have to go all the way to trial. You should hire a team of trial lawyers from the get-go to protect your family; lawyers who have experience in nursing home abuse cases.
Steven Titus & Associates, P.C., is that law firm. We will conduct an investigation into the circumstances surrounding your loved one’s mistreatment, and not stop fighting until we get you the compensation you deserve! If you or a loved one has been victimized by nursing home abuse in Gillette, call us today at (307) 257-7800.
- The Frightening Commonplace of Bedsores
- Elder Abuse - National Institute on Aging
- Elder Abuse - MedlinePlus
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