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When you or a loved one has suffered emotional abuse in a nursing home, you might be unaware of your options. One common question victims have is if they can sue for the emotional abuse they’ve received.

Read on if you’ve ever wondered, “Can I sue for emotional abuse in a nursing home?” For help pursuing a claim, partner with a San Diego personal injury lawyer.

Nursing Home Emotional Abuse: Your Right to Sue

Psychological abuse occurs when a party in any kind of relationship causes undue emotional distress or trauma toward another person without the use of physical harm. In medical residential settings in general—and nursing homes in particular—the potential for abuse is high, as caretakers may use their influence over an elder resident to manipulate or damage them.

Emotional abuse or neglect in a nursing home causes actual damage to elderly residents. Nursing home residents depend on their caretakers for their well-being. Given the caretakers owe them a duty of care as their patients, these types of abuses can be actionable when the victims choose to pursue civil remedies.

The losses you or a loved one can suffer in a nursing home due to emotional abuse can be both economic and non-economic in nature. That’s why, when you go to file a lawsuit, some damages you can be awarded in a settlement include:

• Medical expenses related to your abuse
• Pharmaceuticals
• Counseling or emotional therapy
• Emotional trauma and suffering

As evidenced by the losses above, emotional abuse commonly leads to both economic and non-economic consequences. Fortunately, filing a claim can help you or your loved one get compensated for such losses.

Forms of Psychological Abuse in Nursing Homes

Caretakers can emotionally abuse nursing home residents in a variety of ways, but the two main categories of emotional abuse could be described as verbal and non-verbal.

Some examples of verbal emotional abuse include:

• Screaming or yelling
• Making threatening statements
• Mocking or humiliating the resident in front of others
• Downplaying the concerns of a resident in front of others

Verbal abuse can leave victims with significant emotional trauma or PTSD. But the impact of non-verbal abuse, including the following examples, can be just as damaging:

• Neglecting the emotional needs of the resident
• Placing the resident in a situation of social isolation
• Emotionally manipulating the resident’s dependency on the caretaker
• Intentionally misplacing or rearranging the resident’s personal objects

Signs that Emotional Abuse Has Occurred

Knowing the signs of emotional abuse will help you be prepared to spot it. If your loved one shows a sudden change in behavior, seems anxious, or appears to have a fear of a particular caretaker, taking steps to protect their safety is crucial.

A nursing home abuse lawyer can help you seek damages in a lawsuit.

Contact a Nursing Home Abuse Lawyer

When your loved one has suffered emotional abuse, a lawyer from The Kindley Firm, APC, will help you recover financial compensation for their losses.

We offer free consultations—call 619-550-1313 or fill out the form below to get started.

Not all accidents are the same, and the consequences of an accident aren’t always the same. Some accidents, sadly, cause the sort of life-changing damages no one plans for. 

In the aftermath of a severe accident, you may be considering the possibility of pursuing civil remedies from the at-fault party. Having an idea of the true value of your claim may be difficult to calculate on your own, especially when catastrophic injuries mean potentially lifelong consequences. If you’re wondering what is considered a lifelong injury, check out some considerations below. 

Injuries Generally Considered Catastrophic

When a severe accident occurs, the injuries can be debilitating or even deadly. Filing a claim against the people or parties responsible for your losses could help you receive financial compensation. Some elements of a successful personal injury claim include establishing duty of care, negligence, and that actual damages occurred. 

The stakes in a personal injury case are raised when your injuries are considered catastrophic. Although there’s a set definition of what exactly constitutes a catastrophic injury, some injuries that might be considered as such include:

• Spinal cord injuries, especially those that lead to paralysis or nervous system consequences
• Severe brain damage or traumatic brain injury
• Amputation of limbs
• Severe burns
• Death

When a catastrophic accident leads to a debilitating injury, this reality could be reflected in the types of damages awarded to the victim. For example, when an injury leads to the realistic expectation that there will be a lifelong loss of income, this fact will likely lead to a greater settlement. 

Similarly, personal injury or wrongful death cases involving extreme pain and suffering or gross negligence may also lead to higher than usual settlement figures or jury awards.

Accidents Often Leading to Catastrophic Injury

Many different types of accidents can cause catastrophic injury. Some of the more common could include:

• Motor vehicle accidents
• Slips-and-falls, either at work or in other circumstances
• Sports accidents, such as those that can be suffered by skiers, divers, or football players
• Medical malpractice accidents

How Long Do I Have to File a Claim for Catastrophic Injury?

In California, the statute of limitations on personal injury claims is generally two years from the date of the accident. Filing a claim after the two-year window has closed may have the unfortunate consequence of a judge barring your claim.

If you’ve been injured in a catastrophic accident, an experienced San Diego lawyer can help you get your life back. 

Contact a Catastrophic Injury Lawyer in San Diego

Accidents happen, but when the carelessness of another causes profound consequences in your life, it’s your right to file a claim for damages. At The Kindley Law Firm, APC, we’re backed by the results and experience necessary to tackle your personal injury claim, and we will work diligently in pursuit of a maximum settlement for you and your family.

We offer free consultations. Call 619-550-1313 or fill out the form below to get in touch with a San Diego catastrophic injury lawyer from our firm today. 

Making the decision to entrust the safety and well-being of an elderly loved one with an outside professional is never easy. That’s why when something goes wrong, it’s normal for family members to feel deeply upset. Sadly, elder abuse happens in California, and your next steps after discovering your loved one has been abused may not always be clear.

Once your family member has been removed from the potentially threatening situation, you might be able to take legal action against the parties responsible for the abuse. But understanding the ins and outs of abuse can be difficult. Read on to discover what constitutes elder abuse in California.

The Elements of Elder Abuse in California

One of the first elements of elder abuse is that it impacts a specific group of people. In the state of California, the elderly population is defined as those who are age sixty-five and up. Sadly, elderly people placed in professional homes around the state can be abused or taken advantage of by their caretakers.

Elder abuse can be divided into both criminal and civil categories. Whereas a criminal case seeks to punish the alleged abuser with criminal penalties, civil elder abuse cases comprise slightly different standards that aim to make victims whole again through the awarding of financial damages.

Some forms of elder abuse as defined by civil law include:

• Physical abuse
• Neglect
• Financial abuse
• Abandonment, isolation, or abduction
• Other treatment resulting in harm

When you file a civil suit against the party responsible for the abuse of your family member, you’ll need to prove that an element of abuse is occurring given a preponderance of evidence. This standard of guilt is different from the beyond-a-reasonable-doubt standard used in criminal cases.

Signs of Elder Abuse

Often, it can be difficult to prove elder abuse. As the family of a suspected victim, knowing the signs to look for can be helpful. Elderly victims affected by abuse often demonstrate such symptoms as:

• Malnutrition or dehydration
• Bruises or other visible injuries
• Emotional trauma
• Becoming withdrawn

Even when the signs of abuse are visible, it can still be difficult to successfully document. Some tactics include asking your loved one about how they’ve been feeling. Often, if they’ve suffered abuse, they may be reticent to acknowledge it. In some cases, seeking the assistance of a mental health professional could be advantageous.

Other evidence, such photographs of bodily injuries or of substandard living areas, as well the testimony of fellow residents or other caretakers, can help paint a picture of elder abuse for your civil suit.

Contact an Elder Abuse Attorney in California

We trust that caretakers will protect our family. When your loved one has suffered abuse, they deserve justice. At The Kindley Firm, APC, we fight on behalf of the victims of elder abuse in Southern California, and we can help your loved one get the compensation they deserve.

Call 619-550-1313 or fill out the form below to schedule a consultation with a San Diego elder abuse lawyer from The Kindley Firm, APC.

When you’re involved in a construction accident, you might be wondering if you can file a personal injury claim. Read on to learn about the process of filing a claim.

Filing a Claim for Your Construction Accident

Construction accidents can lead to severe injuries, including lacerations, broken bones, crush injuries, or even spinal cord injuries. Due to the inherent risk of the construction industry, accidents are bound to happen. That’s why the state of California requires all construction companies to carry no-fault workers compensation insurance.

As a construction worker, typically the only claim that you can bring against your employer is through the no-fault workers compensation system. The benefit of mandatory workers compensation is that it can allow you to get money for things like medical bills, lost wages, and permanent disability without having to prove that your employer was at fault.

The downside to the system is that you are usually unable to take action against your employer outside of the workers compensation system, even if you feel your employer was at fault. However, it’s important to keep in mind that multiple parties are often involved in these types of claims.

For example, an independent contractor or part manufacturer might in some way bear responsibility for your injuries. Sometimes, even a fellow co-worker can be at fault. Or perhaps you’re not a construction worker at all, but were injured by a falling object near a job site. In all of these cases, you could be able to file a third-party personal claim against these non-employer entities for your damages.

Filing a third-party personal injury claim can allow you to recover damages for things not necessarily covered under workers compensation benefits, such as considerations for pain and suffering, mental distress, diminished earning capacity, and more.

Timeline for Filing a Claim in California

A state’s statute of limitations dictates the amount of time that can pass before a claim can no longer be processed. In the state of California, workers generally have one year from the date of their injury to file a claim with the state workers compensation system.

For workers compensation, the statute of limitations isn’t the only thing you have to keep in mind, as California also requires injured workers to inform their employer of their injury within thirty days of their injury. Failure to do so could result in your benefits being held up or even denied.

Finally, the statute of limitations on a third-party personal injury claim is different from that of workers compensation. In situations where workers or others attempt to sue other parties besides an employer, they generally have two years to file a claim.

Contact a Construction Accident Lawyer in San Diego

Whether you’re filing a workers compensation claim or a third-party personal injury suit, an experienced attorney can help. The lawyers at The Kindley Firm, APC, are trusted in San Diego to fight for the rights of workers injured on the job.

Call 619-550-1313 or fill out the form below to schedule a free consultation with a construction accident attorney at The Kindley Firm, APC.

 

Nursing home abuse is surprisingly common and can be the cause of physical or emotional harm to the elderly in care.  If you suspect your loved one may be suffering abuse, you have options. Following these steps and speaking with a trusted San Diego personal injury lawyer can help you get justice for your loved ones.

Look for the Signs

The signs of nursing home abuse can be observed if you know where to look. Consider visiting your loved ones in elderly care and speaking to them personally about their experience. You should be able to detect some of the following sings of abuse or neglect:

 

• Unexplained or dramatic mood shifts
• Signs of physical abuse, such as cuts, lacerations, bruises, or broken bones
• An avoidance of discussing their emotions
• Social isolation
• Physical restraints

Some indicators of abuse, especially the physical signs, are easier to detect. Consider asking your loved one to speak with a licensed counselor if you are unsure about dealing with aspects of emotional abuse.

Document your Findings

In the event you do find evidence of physical or emotional abuse, be sure to document it. Thoroughly documented evidence could be the difference-maker in any lawsuit you might pursue related to the elderly abuse of your loved one. Some ways you might consider documenting could be:

 

• Obtaining your loved one’s nursing home and medical records
• Photographing indicators of abuse in your loved one surroundings or on their body
• Getting statements from witnesses, including other residents, visiting family members, or other employees of the facility

Hire a Nursing Home Abuse Lawyer

Partnering with a San Diego nursing home abuse attorney is the most certain way of proving nursing home abuse. The legal team at The Kindley Firm, APC, has the legal experience to get justice for your loved one while you focus on making sure they’re safe.

Wondering how to prove nursing home abuse? Contact a San Diego nursing home abuse attorney at 619-550-1313 for a free consultation.