Elder Abuse Attorney Indiana | Theodoros & Rooth

Elder abuse is not something to be taken lightly, and an Indiana elder abuse attorney will staunchly protect and fight for you or your loved one. You deserve to receive quality care in a safe environment, and violations of these rights may entitle you to legal action. If you are unsure if elder abuse occurred or what options are available to you, then you need a lawyer who can answer your questions, provide trusted counsel, and protect your rights.

Theodoros & Rooth, P.C. are committed to protecting you or your loved one against all forms of elder abuse. We take your claim seriously and ensure that you receive the compensation and other resources you need to begin to heal from the trauma you have suffered. Our elder abuse attorney Indiana Law Firm professionals never stop fighting for your safety and your rights.

What Constitutes Elder Abuse in Indiana

Elder abuse occurs when individuals over the age of 60 are mistreated and/or deprived of their rights. Tragically, it is estimated that one in ten individuals may suffer from elder abuse. This abuse can have devastating consequences on the lives of victims and may even be fatal for some. Victims may suffer one or more types of mistreatment by their abuser, which can increase their risk of harm. Reporting abuse — even a suspicion of it — can save an elderly individual’s life and get them the rehabilitation and protection they need.

Older individuals are more likely to be dependent on others for care or assistance and can be more susceptible to abuse as a result. Those closest to these adults may be the ones to cause the most harm. Family, friends, caregivers, service providers, and even strangers could all be sources of abuse. Nursing homes are also common places where this type of mistreatment occurs.

Hiring an elder abuse lawyer near me helps recover the losses that were sustained. Through legal action, an abuser can be made to pay financial restitution for their offenses. A lawyer can also provide valuable guidance on how to navigate the various legal requirements pertaining to elder abuse.

Types of Abuse Elderly Individuals May Suffer

Elder abuse can occur in many different forms and target different aspects of an individual’s well-being. This can cause dangerous conditions for older adults who may already be in a vulnerable situation, leaving them exposed to those who have ill intentions. Below is a closer look at some common types of elder abuse.

Physical Abuse

Individuals may experience physical abuse if their caregiver causes them bodily injury. This abuse can come in the form of hitting, slapping, shaking, pinching, pushing, or more. Elderly patients may suffer a variety of injuries ranging from bruising to internal injuries.

Emotional and Psychological Abuse

Older adults may be vulnerable to emotional and psychological abuse. This usually comes in the form of harassment, shaming, yelling, threats, intimidation, and more. These behaviors may result in withdrawals, mood changes, isolation, and anxiety and depression on the part of the victim.

Financial Abuse

Financial abuse occurs when someone targets an elderly individual’s finances. The abuser may steal, scam, or exploit the older adult and their finances. Income for older adults may be limited, and financial abuse can have a significant impact on them.

Sexual Abuse

Elderly individuals may also suffer from sexual abuse if they are forced into non-consensual sexual activities. Being forced to watch such activities also constitutes abuse. Sexual abuse victims may sustain injuries or infections from this abuse.

Neglect

Older individuals may be unable to care for themselves, and basic activities may be challenging. When caregivers neglect to treat the individual, the older adult may be forced to live in unsanitary conditions, suffer from preventable health conditions, and be deprived of food, water, and care.

Abandonment

Abandonment occurs when an elderly adult is abandoned by their caregiver and does not receive the treatment or care they need. An abandoned individual may be left helpless or in a dire situation as a result.

Stay Alert to Signs of Elder Abuse

Acts of elder abuse can take a physical, emotional, mental, and social toll on affected individuals. When they are exploited or not cared for properly, their quality of life can drastically diminish. To help an elderly loved one out of an abusive situation, it is important to know the signs of elder abuse and what to look out for. Below are a few ways to tell if an elderly individual is suffering from abuse:

Unexplainable injuries and other physical signs of harm
Anxiety and depression
Behavioral or mood changes
Withdrawal
Changes in sleep patterns
Not receiving care or help
Dehydration and malnutrition
Bedsores or other preventable conditions
Physical wounds and injuries
Unsanitary living conditions
Changes in financial patterns
Loss of funds or unauthorized financial activity

Once you have identified the abuse itself and the method of abuse, it is crucial to report it to law enforcement officials or through other reporting resources on the national, state, or local level. Prompt action can save an abused elder from further mistreatment and hold the abuser responsible for their actions.

Ways to Report Elder Abuse in Indiana

Whether you are a victim of elder abuse, have an elderly loved one who is being abused, or are a stranger who sees or suspects that abuse is occurring, reporting the abuse is essential. In fact, according to IC § 35-46-1-13 and IC § 35-46-1-14, it is required by law to report elder abuse. Having knowledge of abuse and failing to report it is a punishable offense.

Once abuse is discovered, there are a few reporting options available to you. Some common resources include:

How to Find a Quality Nursing Home for Yourself or a Loved One

When choosing the right nursing home, it is important to find a place that suits your needs and keeps you safe. Where you or your loved one elects to say should provide high-quality care and attention. The care you or your loved one receives has a big impact on health and well-being, and evaluating it carefully is essential to finding a safe environment.

Knowing what you should look for when choosing a nursing home can save you much pain and suffering. When assessing nursing homes, it is important to visit, ask questions, and observe the environment for yourself. Some common elements you should look for include:

Clean and sanitary conditions
Handrails, wheelchairs, and other equipment for safety and accessibility
Working amenities
Comfortable temperatures
Pleasant atmosphere and demeanor of staff and patients
Professional staff appearance
Respectful patient treatment
High-quality patient care
Quality food and plenty of water available
Social activities available for patients
High nursing home grades by state inspectors
Staff is capable of caring for your specific condition
Reasonable and steady pricing
Acceptance of Medicare and Medicaid
Visiting hours

Each of the elements above can make a difference in your stay. Talking with administrators and seeing the facility firsthand can answer many of the questions you might have when looking for a nursing home and help make your decision easier. Conduct plenty of research and take as many visits as needed to ensure the facility will be safe and conducive to your care needs.

Elder Abuse Lawyers Near Me Secure Compensation to Recover Losses

Elderly individuals who have suffered abuse may be entitled to recover their losses through compensation. While it can never undo the effects of abuse, it can help ensure that your loved one receives better care and an improved quality of life. Multiple types of losses may be covered by compensation and could include the following:

Special damages: This type of damages can cover monetary expenses that may arise as a result of the abuse. Medical expenses and future housing and care are some primary losses that can be recovered through compensation. Funeral and burial expenses may also be covered if the abuse led to the victim’s death.
General damages: This type of compensation helps ease the trauma and emotional, mental, and social impact of the abuse. Pain and suffering, reduced quality of life, loss of companionship, and a few of the ways general damages can ease the burden of abuse.
Punitive damages: Sometimes, the abuse is so severe due to gross negligence or malicious intent that the resulting losses are excessive. An abuser may be required to pay punitive damages as a punishment for the abuse, which is additional compensation that can be received to cover losses.

The types of damages an elderly person may be able to recover may vary depending on the type of abuse they suffered and the severity of it. The value of their specific losses will significantly impact how much they might be able to recover, whether through insurance or a lawsuit.

Seek the advice of an elder abuse attorney near me to determine what the best plan of action is for securing compensation. They can also help calculate the value of each loss to estimate the amount of damages that may be sought.

Statute of Limitations in Elder Abuse Cases

Claims for elder abuse law should be filed promptly. Indiana allows claimants a two-year period of time in which to file a claim and seek compensation, according to IC 34-18-7-1. After that time, you may not have any legal recourse for losses. However, there may be some exceptions to this rule, so it is important to seek the counsel of an elder abuse lawyer to see what options are available to you.

Despite the timeframe, pursuing a claim and compensation should ideally be done as soon as possible. This not only helps ensure that you do not miss your statute of limitations period but also helps strengthen your case. The quality of evidence can diminish over time, and witnesses’ memories may fade as well. All of this can weaken your claim and potentially the outcome of your lawsuit.

Elder Abuse Attorneys Near Me Hold Abusers Accountable

Regardless of the type of mistreatment you or your loved one has suffered, you have the right to file a lawsuit against your abuser. Elder abuse is a serious offense, and you need a personal injury attorney to help you navigate the legal process. These cases can be complex and require a significant burden of proof, which an experienced lawyer can handle with their extensive knowledge of the law and negotiation tactics. A lawyer will also ensure your protection and fair treatment throughout all legal proceedings.

Your lawyer will take the time to listen and understand what you have experienced so they can fight for you more effectively. They will tailor their approach to your specific needs so you are able to receive a favorable outcome. Your lawyer recognizes that you have gone through a traumatic experience and will strive to make the process as painless as possible for you.

Part of resolving an elder abuse case is to show that others were negligent. Elder abuse attorneys will show that the party responsible for your care was supposed to deliver a quality standard of care and ensure your safety and health. When they neglected, abandoned, or abused you, they violated their obligations to keep you from harm. Their actions were the direct cause of your injuries and decline in well-being. As such, they are liable for their actions and must pay reparations for your injuries.

Theodoros & Rooth, P.C. Help You Get Justice for Your Loved One in Indiana

Discovering that your loved one has suffered abuse is heartbreaking. Theodoros & Rooth, P.C. can help you take action by holding the perpetrator accountable for their actions and getting your loved one the help they need.

We understand the difficult road you and your loved one are facing, and we support you and fight for you so you can rest easy knowing your future is safer and more secure. Contact us today to schedule a free consultation and learn more about us and the representation our elder abuse attorney law firm professionals can provide.