How to Find the Best West Virginia Nursing Home Abuse Lawyer

The decision for a family member to live in a nursing home typically comes with an agreement, or even a basic assumption, that they will receive compassionate care, free from abuse or neglect. Sadly, many families face nursing home abuse and must decide whether to pursue legal recovery. As you explore this decision, you may wonder how to find the best West Virginia nursing home abuse lawyer.

There are many factors to consider when selecting the right attorney to represent you in your unique situation. It’s important to know what constitutes nursing home abuse, why reporting it is beneficial, how to report abuse in West Virginia, and how to choose an attorney for your claim.

What Constitutes Nursing Home Abuse?

Nursing home abuse is considered the deliberate mistreatment of residents, while neglect means failing to provide basic needs for residents. Nursing home abuse can include the following:

• Physical abuse
• Emotional abuse
• Financial abuse or exploitation
• Sexual abuse

Any intentional act that causes harm or creates a risk of potential harm to residents is typically considered nursing home abuse.

How Common Is Elderly Abuse?

The staggering amount of elder abuse cases is troubling. Unfortunately, the United States reports approximately six million elderly abuse victims per year. Pre-pandemic, approximately one in 10 Americans over 60 years old experienced some form of elder abuse. More recently, one in five older adults reported abuse throughout the COVID-19 pandemic.

A major problem is the actual reporting of abuse instances. Sadly, only one in 24 cases of abuse are reported to authorities. Accordingly, it remains incredibly important to report nursing home abuse.

Why Is It Important to Report Nursing Home Abuse?

It’s vital to report nursing home abuse so preventative action can happen. This can prevent ongoing abuse and other future residents from being victims of the same in-residence treatment.

Families often depend on nursing homes to provide safe and health-conscious care for their family members, and facilities promise a respectful, secure atmosphere.

When nursing homes fail to fulfill their promises, they can be responsible for injuries and even the deaths of residents. It remains important to prevent and address abuse by recognizing its signs and reporting unlawful actions. Families have the power to stop nursing home abuse if they understand their legal rights. With the aid of a West Virginia lawyer, you can prepare a claim to address a specific instance of abuse and promptly report it.

How Can I Report Nursing Home Abuse in West Virginia?

You can find helpful information and the mandatory reporting form on the West Virginia Department of Health and Human Resources website. You can also contact West Virginia’s Long-Term Care Ombudsman Program or the West Virginia Adult Protective Services (APS) hotline.

If you suspect any criminal activity, you can contact your local law enforcement agency in West Virginia.

How Can I Decide Which Attorney Can Help Me?

If you or a loved one needs help with an elder abuse situation, it’s important to find an attorney with extensive experience in handling cases like yours. An attorney can thoroughly explain your legal rights so you can make informed decisions.

If you’re considering hiring a certain attorney, you can research their online reputation by reading online reviews from past clients. Then, you can schedule an initial consultation to consider their communication style and see if they’re right for your case.

FAQs

Q: How Do You Prove a Nursing Home Abuse Case?

A: To prove a case involving suspected nursing home abuse, you can gather compelling evidence like:

• Financial records
• Medical and healthcare records
• Photos of any sustained injuries or dangerous conditions
• Written communications
• Witness statements that may show neglect or abuse

An attorney can collect this information to build a solid case. They can work to prove that the nursing home owed a duty of care, breached their duty, and the breach caused harm to the resident.

Q: What Crimes Are Most Often Committed Against Elderly People?

A: When family and friends fail to visit patients often, it not only causes severe emotional suffering but also allows nursing home abuse to continue.

The elderly are often fearful of crime occurring in nursing home settings. Unfortunately, robbery, burglary, and fraud are the most frequent crimes committed against the elderly. People living in nursing homes and extended care facilities can be physician abused/neglected or defrauded of their personal possessions.

Q: What Amount Can I Get for a Nursing Home Abuse Case in West Virginia?

A: The amount you might get for a West Virginia nursing home abuse case depends on factors specific to your case, like the extent of any injuries and the impact of the abuse on the victim’s life. More complicated cases with more serious injuries (or a death) usually result in higher financial recovery as damages.

To estimate an amount for your specific case, consult an experienced lawyer, who can also maximize your recovery.

Q: Is It Difficult to File a Legal Claim Against a WV Nursing Home?

A: In West Virginia, it can be challenging to file a claim against a nursing home, as many local nursing homes have indemnity in place to attempt to shield them from legal responsibilities. Also, insurance companies try to deny any liability.

Regardless of these challenges, an attorney with extensive knowledge and experience in resolving nursing home abuse claims can provide reliable legal assistance and help file a claim. With skilled representation, a legal claim can effectively secure justice.

Contact Wooton, Davis, Hussell & Johnson, PLLC

If you need help with a nursing home abuse issue, it’s important to speak with an experienced attorney who can provide reliable legal advice. Across West Virginia, Wooton, Davis, Hussell & Johnson, PLLC, can zealously protect your rights or those of a loved one who’s been the victim of nursing home abuse.

Conveniently, we have offices in Beckley, Charleston, and Lewisburg to represent clients statewide. Contact Wooton, Davis, Hussell & Johnson, PLLC, to discuss your case with one of our attorneys at an initial consultation.