Elder Abuse Attorneys
Elder Abuse Attorneys
Elder abuse is a heartbreaking reality that affects countless individuals. It is a violation of trust and a betrayal of the most basic human rights. If you suspect that a loved one is being abused or neglected, know that you do not have to handle this alone. Elder abuse encompasses a spectrum of harmful behaviors, including physical, emotional, and sexual abuse, as well as financial exploitation and neglect.
At Theodoros & Rooth, P.C., our seasoned elder abuse attorneys in Indiana are dedicated to safeguarding the rights of older adults and their families. We position ourselves as guardians of justice and use our 100+ years of experience to aggressively protect the mistreated and underrepresented within our community. Contact our personal injury attorneys to hold wrongdoers accountable and seek justice for your abuse, neglect, or exploitation.
Elder Abuse Laws in Merrillville, IN
Indiana has robust laws designed to protect older adults from the scourge of abuse, neglect, and exploitation. These laws mandate reporting, define various forms of abuse, and outline severe penalties for perpetrators. The Department of Justice defines elder abuse as:
- Physical Abuse: This includes intentional infliction of physical pain or injury, such as hitting, slapping, or pushing.
- Emotional Abuse: This involves the intentional infliction of mental or emotional distress, such as verbal abuse, threats, intimidation, or isolation.
- Sexual Abuse: This encompasses any non-consensual sexual contact or exploitation, such as jokes, inappropriate questions, or exposing an elderly person to sexually explicit material without their consent.
- Financial Exploitation: This occurs when someone misuses or steals an older adult’s assets or resources.
- Abandonment and Neglect: This involves failing to provide necessary care or services, such as food, water, medication, or medical attention.
Older people can be a particularly vulnerable population to abuse and neglect, with some completely unable to fight back to protect themselves or make up for the neglect they are receiving. Elder abuse can tragically end in fatal consequences, especially for older adults with memory issues and other disabilities. Be sure to report elder abuse if you see it, as it could mean the difference between allowing someone to continue suffering versus saving their life.
Mandatory Reporting for Elder Abuse in Indiana
Indiana is a mandatory reporting state, meaning anyone who suspects elder abuse is obligated to report it. This includes professionals like doctors, nurses, social workers, and law enforcement officers, as well as concerned family members and neighbors. Reports should be made to Adult Protective Services (APS) or local law enforcement.
If an individual is in immediate danger, do not hesitate to call 911 immediately. Reports can be filed online by calling the state hotline at (800) 992-6978 or by contacting an Adult Protective Services (APS) office.
Penalties for Elder Abuse in Merrillville, IN
Like many other forms of abuse, perpetrators of elder abuse can face severe legal consequences, including both criminal charges and civil lawsuits. For criminal charges of elder abuse in Indiana, individuals may be charged with misdemeanors or felonies, resulting in fines, jail time, or both, depending on the severity of the abuse committed.
For civil lawsuits, victims or their families may file separate charges to seek compensation for damages from the abuse. This can help compensate for medical bills, therapy expenses, and the pain and suffering incurred due to the abuse.
Even if you are in the midst of a current criminal investigation into your elder abuse case, you can still pursue a civil lawsuit at the same time. Working with an elder abuse law firm gives you the additional resources necessary to pursue all possible rights under the law.
Who Is Protected Under Elder Abuse Laws?
When you hear the term elder abuse, you may be wondering what age is considered “elderly” and if there is a cut-off. The National Institute on Aging defines elder abuse as occurring to adults over the age of 60. However, while some situations and issues tend to directly affect a population over a certain age, the Indiana Family and Social Services Administration (FSSA) states that these laws protect “endangered adults.” They define that as anyone over the age of 18 who is mentally or physically incapacitated and is unable to manage their own finances or care.
If you are concerned that your loved one is in an abusive situation such as any of the ones above, be sure to contact Adult Protective Services or call us for a free consultation. It does not matter if your loved one is in their forties being cared for in a nursing home for early onset Alzheimers or in their nineties living with an in-home helper. Everyone deserves to be free from abuse, neglect, and mistreatment.
How Do I Protect My Loved Ones From Elder Abuse?
To safeguard your loved ones from the devastating impact of elder abuse, it is important to stay informed. Understand the common signs of elder abuse, which can manifest as unexplained injuries, sudden changes in behavior, withdrawal from social activities, or unusual financial transactions. Whether still living independently or under constant care in a nursing home, older persons can fall victim to elder abuse in a variety of situations, not always just in the stereotypical situation of a caregiver or guardian.
We know life gets busy, but try to maintain open communication as much as possible with your elderly loved ones. By scheduling regular check-ins, whether through phone calls or visits, you can monitor their physical and emotional well-being yourself. As people age, it can be common to withdraw from society, but encouraging your loved ones to have a vibrant social life can keep them from feeling isolated and provide a support network in addition to yourself and your family.
Act Quickly to Stop Suspected Abuse
Regular contact is vital to head off neglect or abuse before it happens or gets worse. If you suspect your family member is at risk, it is critical to take action ASAP. Trust your instincts, and do not ignore red flags. If you believe someone you know is currently the victim of battery, neglect, or exploitation, file an official report with APS or local law enforcement.
After the individual is out of danger, contact an elder abuse lawyer at Theodoros & Rooth to begin working on building your case. We will help you investigate the situation, gather evidence, and file a lawsuit against the abuser or negligent nursing home or care facility, if necessary.
Recognize Common Signs of Elder Abuse
Identifying the signs of elder abuse can be difficult. Victims often have a tendency to conceal their experiences due to fear, shame, or dependence on their abusers. However, paying close attention to certain indicators can help you identify potential abuse and take appropriate action.
An older adult may be a victim of abuse if they exhibit the following signs:
- Physical injuries such as unexplained bruises, cuts, or burns
- Malnutrition or dehydration
- Poor hygiene
- Sudden weight loss or gain
- Signs of neglect like bedsores or untreated medical issues
- Fearful or withdrawn behavior
- Sudden changes in mood or personality
- Reluctance to be alone with certain caregivers
- Unusual or unexplained financial transactions
- Missing valuables or assets
- Sudden changes in wills or financial documents
- Isolation from friends and family
- A reluctance to discuss personal matters.
Many of these signs can occur for other reasons as well, such as sudden weight loss or gain, which could be a sign of a variety of medical conditions. The point is, do not ignore these red flags, and be sure to bring them up to a doctor if you suspect abuse. The Office of Justice Programs (OJP) notes that elder abuse is massively underreported, and with your vigilance, you can help protect vulnerable older adults and bring abusers to justice.
How Theodoros & Rooth Elder Abuse Attorneys Can Help
Our Merrillville elder abuse lawyers see cases like this every day. Since 1988, we have represented injured and mistreated people in Indiana, and our team is experienced in providing compassionate care and aggressive representation for those who need it. An elder abuse attorney can be a powerful ally in protecting the rights and well-being of elderly victims. When you work with us, you can expect help with:
- Investigating and Evidence Gathering: Our Merrillville elder abuse attorneys conduct in-depth investigations to gather evidence, including medical records, witness statements, financial documents, and facility logs.
- Experienced Consultation: We may collaborate with medical experts or financial advisors on your behalf to assess the extent of harm caused by the abuse and compare it to past precedent-setting cases.
- Legal Representation: We will file a civil lawsuit against abusers or negligent care facilities to seek compensation for damages, including medical expenses, lost wages, and pain and suffering. We will represent you in court and fight for your case as if you were our own family.
- Protective Orders: Our firm can help you obtain protective orders to prevent further abuse and ensure the safety of the victim.
- Asset Recovery and Insurance Claims: Our attorneys can help recover stolen assets or property as well as assist in filing insurance claims to cover additional medical expenses and other losses.
- Aggressive Protection and Advocacy: Our Merrillville elder abuse lawyer advocates for the rights of elderly victims and will work with government agencies to ensure their needs are met.
By hiring an experienced elder abuse law firm, you can increase the chances of holding abusers accountable, securing justice and compensation for the victim, and preventing future abuse. Learn more about us and what we stand for on our website, or contact us for a free case consultation. We work on a contingency fee basis, which means that you do not have to pay a thing out of pocket, and we only get paid if we win your case.
Our Merrillville Elder Abuse Law Firm Can Help You Receive Compensation for Your Elder Abuse Case
The amount and type of compensation you could receive in an elder abuse case in Indiana will depend on the specific circumstances of the case. Settlements are primarily decided on the severity of the abuse, the extent of any sustained injuries, and any financial losses incurred. However, potential types of compensation may include both economic and non-economic damages.
Economic Damages in Elder Abuse Cases
Economic damages are defined as losses that are directly associated with a monetary sum, which can include any out-of-pocket expenses related to or incurred by the abuse. This can include medical bills, therapy costs, lost wages, funeral expenses (when applicable), and property damage. It also can include any financial or asset theft that occurred.
Your attorney calculates your economic damages using documentation such as receipts, financial statements, and other paperwork. We also help you calculate potential future losses, such as continuing medical expenses, rehabilitation bills, and other ongoing expenses.
Non-Economic Damages in Elder Abuse Cases
Non-economic damages are defined as losses that are still felt greatly but are not directly tied to a financial amount. These intangible losses include things such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium (loss of companionship and support from a loved one). Your Merrillville elder abuse law firm can help you assess these values, leaning on the advice and experience of medical experts, among others.
It is important to consult with an experienced Merrillville elder abuse attorney to discuss the specific details of your case. They can help you determine the potential compensation you may be eligible to receive and understand your legal rights under Indiana laws. Victims of elder abuse deserve justice and compensation for what they have endured.
Get Help From Our Top-Tier Elder Abuse Law Firm
Searching through elder abuse law firms in Merrillville to find the right fit for you is crucial. Do not settle for anyone who does not have the experience and skill needed to handle these kinds of cases. Take time to evaluate different attorneys and select the one who helps you feel comfortable and confident about pursuing your case.
At Theodoros & Rooth, we are passionate about representing our community in Merrillville and have been doing so for over 36 years. Our lawyers are committed to assisting victims of elder abuse and their families to find justice. To learn more about how we can help you, contact us today for a free case evaluation.