Elder abuse is a serious problem in our society. Each year, seniors in nursing homes, private homes and other facilities across Las Vegas and Nevada suffer from physical abuse, neglect, medical abuse, sexual abuse, financial abuse and emotional and verbal abuse. In these situations, suing for elder abuse may be an option.
Suing in cases of elder abuse can be important to help stop the abuse. Unfortunately, a negligent or abusive assisted living facility or nursing home may not make sweeping changes until they face legal action. In addition to preventing future abuse, a legal claim can seek compensation for an elderly abuse survivor or their family.
For a senior who has survived abuse, compensation can be important to pay for medical care. In many cases, abuse can cause serious medical complications for the elderly. For example, if a senior has been the victim of any physical or sexual abuse, they may take longer to heal when compared with a younger person. Their medical bills may be more substantial, and they may need to spend more time in the hospital. If a senior has been the victim of financial abuse, they may not have a job or many decades to build up wealth again. In these cases, compensation from a claim can help them with their losses.
Tragically, elder abuse can lead to fatalities in cases where an elderly person is already fragile due to medical conditions. In these cases, the family may face grief, pain and suffering because of an abuser’s actions. In addition, they may be responsible for final medical bills and memorial expenses. While legal action will not bring back a beloved parent or grandmother, it can help defray some costs.
Entire communities are impacted when someone is abused. However, Las Vegas and Nevada laws state that not everyone can automatically sue for elder abuse.
Who Sues for Elder Abuse?
In general, who can sue for elder abuse will depend on the specifics of the situation. If the survivor of the abuse is alive and capable, he or she can launch a lawsuit against the perpetrators and liable parties in the case. Sadly, elderly persons who are abused sometimes succumb to the neglect and abuse they suffer. If this has happened, the spouse of the abuse victim can file a lawsuit against the liable parties.
If the elderly person who was abused had no spouse, or if their spouse has already passed on, the children of the elderly person may be able to file a lawsuit. If the person had no children, siblings and parents may also be able to file a lawsuit. In addition, dependents of the elderly person or their state may be able to file a claim.
In general, elder abuse lawsuits in Las Vegas and the surrounding areas are filed by immediate family who have faced pain and suffering as well as financial losses as a result of the abuse.
Filing a Lawsuit for Elder Abuse
Deciding who can file a claim in an elder abuse case is often a difficult situation, and can be fraught with emotion. These cases, quite simply, are often difficult. If a loved one has suffered elder abuse in any capacity, it’s important to get legal support. An attorney can help you understand if you can file a lawsuit on behalf of someone, and can advise you as to who in the family has the strongest chance of filing a lawsuit successfully. An attorney can also guide you through the process so you understand the many laws affecting your case and the steps you need to take to file a successful claim.
Dallas Horton & Associates has been fighting for Las Vegas area elder abuse victims and their families for decades. In fact, our legal team has 70 years of combined experience. A proud member of the Nevada community, we work hard to protect those who have no voice. If your loved one has suffered elder abuse, contact us for a consultation to talk about your legal claims and options.