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    Bakersfield Nursing Home Abuse Lawyer

    Placing a loved one in a nursing home is one of the most emotional decisions a family can make. While it is an act of ultimate love and selflessness, it can feel like you are giving up on them instead of watching out for them. Knowing they are in a safe and loving facility goes a long way toward helping ease those feelings of guilt. Unfortunately, even a nursing home that seems fabulous can be dangerous. Nursing home abuse is a common problem, and it is not always easy to foresee or predict. When it happens, the impact on victims can be substantial, leading to emotional trauma, long-term adverse health effects, or even death.

    If you think your loved one is being abused, the most important thing is their safety. You need to act quickly to stop any abuse, but that can be more complicated than it sounds. You need to determine whether you think a particular staff member is responsible or if the abuse is more of a systemic issue. Stopping it and the steps to take next may depend on the type of abuse. Reporting physical or sexual assaults to law enforcement may be essential, but you may want to secure your loved one in a different facility first. An experienced Bakersfield nursing home abuse lawyer can help you explore your different potential remedies, including a personal injury claim.

    What Is Nursing Home Abuse?

    Nursing home abuse includes a wide range of mental, emotional, financial, physical, and even sexual predatory behaviors. Including such a wide range of behaviors means it can be challenging for people to identify the warning signs of abuse, hindering the ability to stop it.

    Physical abuse includes any intentional act that leads to physical harm. It can include overt acts like hitting, shoving, or slapping the victim. However, given the delicate physical condition of many older adults, it is essential to keep in mind that some physical abuse can be subtle and still result in harm or physical danger. Rough handling, pulling hair, rough transfers, and improperly using restraints can be more subtle forms of physical abuse that can still be incredibly frightening to physically vulnerable people.

    Emotional abuse includes verbal threats, isolation, ridicule, intimidation, and withholding comfort. Other names for emotional abuse include mental abuse and psychological abuse. This abuse may not cause physical harm, but it can lead to depression and anxiety, exacerbating underlying physical conditions. While anyone is vulnerable to emotional abuse, it can be particularly devastating for people with dementia or other cognitive impairments.

    Financial abuse includes anyone who uses their power over an older adult to misappropriate any of that person’s financial assets. It can involve outright theft, such as a staff member taking a piece of jewelry or cash from the resident. It can also involve more subtle forms of abuse, like a staff member gaining a resident’s trust and using that to get access to their loved one’s accounts. No nursing home staff member should be involved in the resident’s finances.

    Sexual abuse can be one of the more horrifying types of abuse. Residents may fear reporting the abuse because of the stigma associated with sexual assault or fear of retaliation. This type of abuse can range from harassment to non-consensual contact and even sexual assault. A Bakersfield attorney can help families identify any potential elder abuse.

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    WE HANDLE A WIDE RANGE OF PERSONAL INJURY CASES, INCLUDING:

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    Understanding Elder Neglect

    While abuse includes actions designed to harm the individual, neglect, a subtype of abuse, involves inaction. Neglect is prevalent. Anytime a caregiver or a facility withholds any essential care—food, water, medical attention, or hygiene—it is neglect. Some neglect is unintentional, such as a facility that is understaffed. Other times, it is intentional—there is adequate staff to attend to resident needs, but they choose not to do so.

    Whether neglect is intentional or a side effect of a poorly planned facility does not change the impact on the victim. Neglect can lead to depression, anxiety, a depressed immune system, and health complications from things like bedsores. A nursing home abuse lawyer in Bakersfield can help family members identify signs of neglect.

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    FREQUENTLY ASKED QUESTIONS

    Personal injury cases are some of the most common civil litigation cases—also known as “tort actions” or “lawsuits”—in the United States. They are filed by individuals who have experienced bodily injury, pain and suffering, and sometimes property damage in an accident caused by a negligent third party. These claims can also be filed for intentional harm or defamation of character by a third party.
    While you are not required to have an attorney to file a claim, having an attorney can make a significant difference in your claim. A personal injury attorney has a deep understanding of the claims process and can help you navigate the complexities of the law. Your attorney can also help you level the playing field with insurers and can tell you whether you are receiving the maximum compensation to which you are legally entitled.
    If you have been injured in an accident that was no fault of your own, there are steps you should take to ensure you are compensated for costs related to the incident. Taking quick action after your accident can profoundly affect your personal injury claim or lawsuit. After being involved in an accident, you should: Seek medical attention for your injuries, even if symptoms are not immediately apparent. Keep a record of your injuries and note any complications that arise because of your injuries. Report the incident as soon as possible after it occurs. Record detailed descriptions and notes about the facts of the incident. Keep receipts of medication and medical care you received Contact an experienced personal injury attorney in Los Angeles who can help you navigate your claim.
    Not all personal injury claims make it to court. In fact, a majority of injury cases are settled without having to litigate. What’s the difference between a settlement and going to trial? What are the pros and cons of each? There are two ways in which compensation can be awarded to you for your claim: through a settlement or by going to trial. There are pros and cons to each. When your claim is settled, the compensation for your claim is decided outside of court, usually through negotiations between lawyers.
    In California, you have two years to file a personal injury claim against an individual or non-government entity. If the injury is not immediately known, you have one year from the date the injury is discovered. If you’ve suffered injuries from an accident that was caused by someone else’s negligence, you should act quickly to ensure you are able to recover compensation for your losses.

    Notifying Insurance Companies

    You should notify your insurance company and the responsible party’s insurance company as soon as possible after your accident. Most insurance companies request that you file your claim within 24 – 48 hours after your accident. When you file a personal injury insurance claim, you are requesting that the at-fault party’s insurance pay for the losses you suffered as a result of your accident, and the compensation amount is determined during negotiations. Seeking Compensation You can get financial compensation in two ways: filing a personal injury insurance claim or filing a personal injury lawsuit. Generally, compensation can be sought for two types of damages: economic and non-economic. Economic damages are those with a measurable monetary value, such as medical expenses and lost wages. On the other hand, non-economic damages refer to losses that cannot be easily quantified, such as pain and suffering or emotional distress. It is important to understand the types of damages available in your case so that you can seek compensation for all of your related losses. Soon after your accident, contact a knowledgeable personal injury attorney in Los Angeles who can explain the time limits to you and help you get the compensation you deserve.
    Our firm is located in downtown Los Angeles. We can take all personal injury cases based in California.

    Talk to a Bakersfield Nursing Home Abuse Attorney

    When dealing with suspected nursing home abuse, the most crucial step is to ensure the resident’s safety. If you are the victim, talk to a trusted family member, contact authorities, or schedule a conference with a Bakersfield nursing home abuse lawyer. An attorney can help you explore all your potential remedies.

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    If your claim has been denied or your attorney has decided to give up, reach out to our firm for a second opinion.