Elder Abuse Attorney Near Me
The choice to rely on a skilled nursing facility or retirement community to care for the increased needs of your loved one is not often easy. However, when it must happen, you trust that the facility you choose will value and respect their right to appropriate care. When they do not do this, you and your loved one may need the support of an experienced elder abuse attorney near you.
At Theodoros and Rooth, our elder abuse attorney near me law firm has over 110 years of combined experience helping our clients through difficult times. We pride ourselves on fighting for our clients’ best interests and have a long track record of success.
Theodoros and Rooth Offer Exceptional Legal Representation
Learning that a nursing home has abused your elderly loved one can feel like a massive betrayal, making it difficult to know whom you can trust. At Theodoros and Rooth, P.C., we instill our clients with confidence in our abilities and performance with our pledge to you:
- We strive to provide exceptional services in a professional and timely manner
- We only accept cases we truly believe in, so you know you and your case have our full support
- We believe in a team effort. When we commit to a case, the entire team supports you
- We treat our clients with absolute respect and compassion
Further, we understand that you are coming to us in a vulnerable time, and the last thing you need to worry about is whether your Valparaiso, IN, elder abuse lawyer is doing what they need to. At Theodoros and Rooth P.C., we do not think it is fair to drag out your case, and we work diligently to reach a favorable resolution in an acceptable amount of time.
With more than a century of combined experience, our firm has been an integral part of the Northwest Indiana community for over 30 years. We are established with high-profile cases with favorable outcomes, giving us the reputation of a successful team you can trust.
Understanding Indiana Elder Abuse
Abuse and neglect have broad definitions in Indiana. According to Adult Protective Services, abuse and battery include incidents where an individual knowingly or intentionally touches another person in a rude, insolent, or angry way, or places bodily fluid or waste on another person rudely or angrily. A caregiver may commit abuse by exploiting the financial or physical resources of a dependent adult.
Skilled nursing facilities are tasked with meeting their residents’ physical, medical, and psychological needs. While abuse is often considered a specific harmful action towards an individual, it can include inaction. Failure to provide appropriate care to residents may result in criminal charges or leave the agency or individual vulnerable to civil action.
Whether your loved one is in a nursing home, an assisted-living facility, or a retirement community, elder abuse and neglect can happen. Lake County and the Ross Township area experienced nearly 1,000 cases of abuse in recent reporting years, according to the Adult Protective Services Annual Report. Understanding what elder abuse might look like is a critical piece of combating it and holding abusers responsible.
Elder Abuse Takes Many Forms
Abuse can happen anywhere, and while many nursing homes and retirement communities are well-regulated, it still happens. Some cases of abuse are due to poor training by the facility, staffing shortages that leave workers exhausted and drained, or sometimes the inner workings of the individual perpetrating the abuse. Regardless of the reason, the National Institute on Aging identifies a few key types of abuse.
Physical Abuse
Physical abuse is often what people think about when they discuss nursing home abuse. It often results from frustration and exhaustion brewing from staffing issues. The inappropriate use of restraints is also considered abuse. This may mean locking them in a room or tying them to their bed or other furniture to restrict travel or movement.
Emotional Abuse
Emotional or psychological abuse can be challenging to identify, especially in vulnerable populations who may not be able to communicate clearly. A facility or provider who is emotionally abusing their residents may yell at them, swear, call them names, threaten, or isolate them.
Neglect
Negligence is born of inaction. A failure to meet a resident’s basic physical, emotional, and social needs is a form of neglect. This may include withholding access to food, water, healthcare, or social activities. Neglect often occurs in tandem with emotional abuse.
Signs of neglect may include an illness that they are not recovering from due to a lack of medical care, bed sores from a lack of movement and exercise, or poor hygiene from a lack of access or appropriate support.
Sexual Abuse
Something that none of us wants to consider is the sexual abuse of our elderly loved ones, but like all other forms of abuse, this does happen. Most people know that sexual contact without consent is a crime. However, in an assisted-living facility or retirement community, the power imbalance between residents and caretakers prohibits romantic or sexual relationships. If your loved one has engaged in a sexual relationship of any kind with a staff member, this is likely considered abuse.
Financial Abuse
Financial abuse in nursing facilities may be slightly less common than other forms of abuse because the care team generally does not have access to your loved one’s financial information or assets. In facilities, financial abuse may look like a facility that charges fees for services that should be covered by room and board or insurance. However, it may also include the theft or misuse of personal items in addition to money.
Spotting the Signs of Elder Abuse
It can be difficult knowing when to contact an elder abuse attorney in Merrillville, IN. You want to make sure your loved one is safe without overreacting. Your loved one’s well-being may depend on your ability to identify the signs of elder abuse and make the decision to act. Your loved one may show many of these signs, or you may not notice any. However, complaints of abuse by your loved one should be taken seriously.
Physical
Indicators of physical abuse will often include unexplained injuries or injuries in odd places like wrists, ankles, abdomen, or neck. You may notice marks that seem inconsistent with the typical bumps and bruises your loved one may have. They may develop new scars without a clear explanation, or you may notice burns.
Emotional
Emotional abuse is less likely to lead to physical injury. However, you may notice your loved one experiences an increase in anxiety or depression. They may be particularly averse to a certain place or staff member. Additionally, you may notice mood swings, panic attacks, or nightmares.
Neglect
Cases of neglect often take longer to identify but may include preventable health problems like exacerbated illness, bed sores, or unclean living conditions. Your loved one might report being unable to shower, eat, or engage in other necessary care tasks.
Sexual Abuse
Indicators of sexual abuse carry many of the same markers as physical or emotional abuse. Distinguishing characteristics may include urinary issues, bruising in intimate areas like genitals or breasts, or changes in mood or behavior.
Recourse After Discovering Elder Abuse
Once you realize you have valid concerns that your loved one’s care facility is abusing them, it can be challenging to know how to proceed. The first step is often to discuss your concerns with the facility owner or director at the first hint of something being off. This allows the facility a chance to correct the issues and address your concerns, a necessary step for a successful lawsuit.
Depending on the severity of your concerns, you may also choose to report them to governing bodies, APS, or the police. You can file a non-emergency complaint regarding long-term care or nursing homes through the Indiana Department of Health. Emergent concerns should go to your local police department or 911.
Important Timelines in Your Elder Abuse Claim
Though we know you may need time to come to terms with what is happening and decide whether to pursue a lawsuit, there are a few critical timelines to keep in mind. The state of Indiana has a statute of limitations on civil lawsuits. The timelines can vary depending on what type of claim you make. However, statute 34-11-2-4 provides that you must file personal injury claims, such as elder abuse, within two years of the incident. Similarly, 34-23-1-1 establishes a two-year statute of limitations for wrongful death claims.
Generally speaking, elder abuse attorneys in Valparaiso, IN, can provide support and guidance at any stage of your journey to seek justice for your loved one. However, the sooner we get involved, the more opportunity we have to intervene, minimizing your liability and maximizing your recovery. Insurance providers that cover facilities and providers are not on your side, and it can be damaging to try negotiating with the insurance company alone. The longer you wait to contact us, the less time we have to build a case, negotiate, and file a lawsuit.
Mandated Reporting in Indiana
While we may recommend contacting an attorney to help determine your options, the state of Indiana mandates that you report your concerns to APS. You may use the APS Unit Map to determine the appropriate office for reporting. However, Lake and Porter Counties are in Unit 1 with an office in Crown Point on W. 93rd Ave.
Though some states limit mandated reporters to caretaking roles or positions that bring them into regular contact with children or vulnerable populations, everyone in Indiana is considered a mandated reporter, and failing to report suspected abuse or neglect can result in jail time, fines, and lawsuits.
An Elder Abuse Lawyer Near You Can Help Recover Compensation
Abuse often includes injuries, broken property, and a significant amount of money to recover. While the perpetrators may face their own consequences in criminal court, that does nothing to help you recover the costs of the abuse, both financially and emotionally. The specific damages you recover in accordance with Title 34, Chapter 51 will depend on the details of your case, but there are many that might be available.
Economic Damages
These relate to the actual cost of your losses and most often include medical bills. The foundation of abuse is based on harm that must be treated, whether they are physical injuries or therapy for emotional wounds. These are often easier to calculate based on receipts, estimates, and invoices.
Non-economic Damages
Non-economic damages are often available in abuse cases and are based on the experiential losses you incur. These damages may be more challenging to identify and value, but a team of experienced elder abuse attorneys can help you with this to maximize the compensation you recover.
Punitive Damages
In Indiana, punitive damages are ordered not as compensation to the victim but as punishment to the offender for injuries caused by acts of malice or gratuitous negligence. According to Indiana Code 34-51-3, punitive damages can be awarded up to three times the amount of economic damages or $50,000, whichever is more.
Punitive damages are not guaranteed, but may be more likely in cases where the offender has also been convicted of criminal charges.
Wrongful Death Recovery
If you are facing the worst case, and elder abuse resulted in the death of your loved one, you may be eligible to file a lawsuit on behalf of the decedent’s estate or dependents and immediate family. According to Indiana statute 34-23-1-2, the decedent’s personal representative may pursue a wrongful death claim on their behalf if they would have been eligible for a personal injury lawsuit had they survived.
Additionally, some forms of recovery may go to direct family members or dependents of the decedent to compensate for lost income, loss of support and guidance, or loss of companionship due to the death. Money will not bring back your loved one, but it may provide the financial reassurance you need to continue with your life.
Call Our Elder Abuse Attorney Near Me Law Firm for the Legal Support You Deserve
Theodoros and Rooth P.C., elder abuse lawyers in Merrillville, IN, support Ross Township and the greater Northwest Indiana area. Our team of attorneys is committed to continuing the award-winning legal services for which we have become known.
The last thing you need to deal with after discovering the abuse of a loved one is defending your case and fighting with the agency’s insurance provider or attorneys who are trying to minimize the damage or discredit what your loved one endured. Our team offers free 30-minute case evaluations that you can schedule online. Call us today for the support you deserve.