Skilled Physical and Emotional Abuse Lawyer in Kansas City, Missouri
Physical and emotional abuse is unacceptable, especially when perpetrated by individuals entrusted with your care. This is why we are committed to obtaining justice for our clients. With decades of personal injury litigation experience, our team knows what it takes to build a solid case for our clients.
We know each case has a particular winning strategy, which is why we constantly endeavor to provide tailored representation. With years of experience representing the abused in Missouri, our skilled physical and emotional abuse lawyer in Kansas City is prepared to represent you. If you have experienced abuse while residing in a nursing home, please immediately contact us at Ricket Law Firm for legal advice.
Why Do You Need a Physical and Emotional Abuse Lawyer in Missouri?
Our Kansas City physical and emotional abuse lawyer leads clients through the legal procedure and assists them in obtaining monetary compensation for their injuries. By collaborating with us, families improve their chances of collecting compensation. We can:
Present the Facts
Our physical and emotional abuse lawyer in Kansas City, Missouri, will initially meet with the victim or their immediate relatives. During this discussion, we will address the alleged mistreatment or abuse by the nursing home staff, the victim’s nursing home care history, and the victim’s mental and physical capacities. Then, we will investigate the facts and collect further evidence to support the victim’s claims.
This includes medical data, testimonies from witnesses, and photographic evidence. This material will be used to support the indicators of the physical injury and emotional abuse stated by the plaintiffs.
Explore Federal and State Legislation
Many statutes govern how, when, and where someone can pursue a physical and emotional abuse lawsuit. Local, state, and federal nursing facility rules that might impact case files are familiar to us.
Submit a Case
The next step is to file a lawsuit on behalf of the victim alleging nursing home abuse. The case must be filed in the appropriate judicial system, and legal paperwork must be sent to the defendants (those being sued). Our physical and emotional abuse lawyer can ensure that both are carried out without errors or delays.
Prepare for Discovery
During the discovery phase, both legal teams gather and arrange evidence to construct a compelling case. This may entail witnesses testifying on behalf of both legal teams.
Reach a Settlement
Rarely do nursing home abuse cases go to trial. Instead, the parties arrange a settlement that provides compensation to the plaintiff. We can negotiate favorable settlements on the victim’s behalf.
Fight in a Trial
In the absence of a settlement, the lawsuit proceeds to trial. During a trial, the case will be decided by a judge or jury. This contains the amount of compensation granted (if any) to the plaintiffs. Both sides’ attorneys will attempt to settle the matter most advantageously. The decision of a trial occurs when the judge or jury reaches a verdict.
If a legal error occurs, the losing party can sometimes seek an appeal to reverse the decision. If the matter gets to Missouri court, we can construct a compelling case. We also keep our clients informed as the trial progresses.
What Are the Nursing Home Abuse and Personal Injury Laws in Missouri?
With several federal and state rules in place to safeguard loved ones from nursing home abuse and injury, one would believe that nursing facilities adhere to these regulations. Sadly, administrators of nursing homes frequently think they can bypass the law by neglecting to employ the necessary number of workers.
The Nursing Home Reform Act of 1987 is an essential piece of legislation that established the rights of all nursing home residents and maintained the minimum requirements for nursing institutions. Nursing home patients must offer certain services to ensure their physical, emotional, and mental wellness.
What Are the Rights of the Nursing Home Residents According to the Federal and State Law?
Contact our skilled Kansas City physical and emotional abuse lawyer if you believe the rights of a loved one have been abused in violation of federal or state law.
- The right to be fully informed,
- The right to participate in one’s care,
- The right to make independent decisions,
- The right to privacy and confidentiality,
- The right to dignity and respect,
- The right to file a complaint,
- the right to the security of one’s belongings,
- the right to be free from abuse, exploitation, or neglect, and
- The right to refuse certain medications and treatments.
Nursing facilities must comply with resident requests to discontinue drugs. If a resident perceives that medication is operating as a chemical constraint, nursing homes must stop administering this medication. Family members who see a nursing home not honoring their loved one’s desires may contact our physical and emotional abuse lawyer in Kansas City for extra assistance.
We at Ricket Law Firm can verify that a nursing facility respects your family’s rights or help family members file a complaint with Missouri’s regulatory authorities.
What Constitutes Physical Abuse of the Elderly?
Physical elder abuse is any violence or harm that results in substantial injury to an elderly person. These injuries may require months of rehabilitation or perhaps result in a resident’s demise.
This sort of elder abuse may occur once or repeatedly. Unfortunately, because the bodies of elderly people are weaker, even a single episode of abuse can result in long-term health issues or even death.
What Are the Common Examples of Elderly Physical Abuse?
Any deliberate physical injury inflicted on a senior by a third party may be deemed physical abuse. The following are examples of physical elder abuse:
Physical abuse is only one kind of elder abuse, and older citizens might experience various forms of maltreatment. For example, perpetrators of emotional abuse may also threaten seniors with physical abuse.
What Are the Common Signs of Elderly Physical Abuse?
Physical indicators of elder abuse include:
- Burns caused by electrical appliances or cigarettes
- Broken bones
- Dislocations of the joints
- Baldness or tooth loss
You should also monitor emotional changes. The physical effects of elder abuse are detrimental to the body, but nursing home patients may also experience emotional trauma due to abuse. Emotional indicators of physical abuse include:
- Not explaining how they got injured (such as hesitation or changing stories)
- Strained relationships between caregivers and the older adult
- Abstinence from social activities generally enjoyed
Lastly, observe whether the resident’s wounds heal appropriately over time. They may be abuse victims if their wounds do not heal correctly or continue to develop new wounds. The following are medical indicators of physical abuse:
- A delay in seeking medical attention for an injury suffered by an elderly individual
- Prior hospitalizations, frequently for identical injuries
- Multiple emergency department visits to prevent a notice of abuse
These indications suggest that an elderly person has been abused and remains at risk.
What Constitutes Emotional Abuse of the Elderly?
Emotional abuse of the elderly occurs when a senior citizen is hurt by nonphysical acts, such as:
- Verbal harassment,
- Malnutrition, or
- General maltreatment.
Those in positions of power over victims, such as caretakers, nursing home employees, workers from assisted living institutions, and nurses, can commit elder emotional abuse. Emotional distress can also be perpetrated by those close to the senior, such as friends, family members, and loved ones.
What Are the Common Examples of Elderly Emotional Abuse?
Emotional elder abuse can take many forms. In innumerable ways, a vulnerable senior might be victimized by nonphysical violence. Examples include:
- A victim is verbally harassed, abused, or berated
- Screaming, yelling, or cursing at a victim
- Psychologically manipulating or torturing a victim
- Degrading, humiliating, and degrading a victim
- Threatening, frightening, or placing the sufferer in mortal terror
- Threatening a senior’s family members or pets
- Forcing a patient of a care home to skip basic hygiene
- Refusing to provide food, drink, or medical treatment
- Removing the ability of the elderly to make their own decisions
- Putting items and drugs out of reach
- Inappropriately or unjustifiably restricting a victim
- Isolating a victim from others or ignoring them
These activities can cause an older adult to experience emotional, mental, or psychological suffering. Even if a caregiver does not intend to abuse a victim emotionally, it is a punishable offense. Other causes, such as financial elder abuse, physical abuse, and denial of fundamental necessities, may also be at play. The Kansas City nursing home abuse lawyer at Ricket Law Firm is always available to fight for the well-being of your loved one.
What Are the Common Signs of Elderly Emotional Abuse?
- Poor Self-Esteem: Emotional abuse can psychologically impact the victim, resulting in diminished self-confidence or self-image.
- Change in Personality or Conduct: The sufferer may exhibit unexpected outbursts of anger, aggressive outbursts, or become more reserved than usual.
- Anxiety or Nervousness: Signs of terror, anxiety, or agitation surrounding a specific caregiver or in general may indicate problems with the elderly person’s care, including emotional abuse.
- Mental Health Issues: A victim of emotional abuse might exhibit symptoms of sadness, anxiety, psychological trauma, and post-traumatic stress disorder.
- Loss of Interest: The senior victim of emotional abuse may exhibit indications of detachment or indifference to special hobbies or interests and social isolation.
- Suicidal Ideas or Behavior: If senior exhibits suicidal thoughts, acts, or behaviors, they may be victims of emotional abuse.
What Should You Do If You Suspect Physical and Emotional Abuse?
Abuse in nursing homes is notoriously hard to detect. If you suspect that a nursing home resident is abused, you must intervene immediately. You must treat the situation seriously, even if you are unsure if abuse or neglect occurs.
You owe it to your loved one to investigate any credible allegations that they are being mistreated. Our knowledgeable physical and emotional abuse lawyer in Missouri will assist you in protecting your loved one.
If you suspect abuse or neglect is still occurring, you should notify the Missouri Department of Health and Senior Services (DHSS). This organization has the resources necessary to help you quickly resolve any problems. In an emergency, there is no better option than dialing 911.
After the immediate threat to your loved one has been eliminated, your attorney can assist you in determining the appropriate legal action against the assisted care facility. Negligent nursing facilities must bear full responsibility for any damages they cause.
We ultimately trust these facilities to care for our most vulnerable family members. They are responsible for providing proper care. When they violate this obligation, they must face justice for the suffering they’ve caused.
How Can You File Personal Injury Lawsuits in Missouri?
Physical and emotional abuse victims may be eligible for compensation for their injuries, losses, and damages. If your loved one died in a nursing home due to negligence or abuse, you might be able to file a wrongful death claim on their behalf.
Given the intricacy and gravity of these matters, your best move is to call our experienced Kansas City physical and emotional abuse lawyer. We can investigate the claim, collect proof of abuse, determine the responsible parties, and make a claim for damages.
Some allegations of physical and emotional abuse are settled directly with the institution or insurer. Claims that cannot be resolved via negotiation or mediation may need court intervention. In such situations, you require us to file a personal injury claim against the nursing facility and other liable parties.
How to Calculate the Value of a Physical and Emotional Abuse Claim? ing Text Here
It might be challenging to calculate the settlement value of a lawsuit or a Missouri nursing home abuse claim. Several variables must be considered while calculating the value of a nursing home claim. The following factors influence the value of physical and emotional abuse claims in Missouri:
Classification and Severity of Injuries
Your loved one passed away as a result of nursing home negligence? Did they sustain injuries as a result of a fall or bedsores? The medical expenditures necessary to treat an accident are directly impacted by the degree and nature of the damage.
It also affects future costs for medical treatment and personal care. The greater the severity of an injury, the greater the likelihood that expenditures will be higher, which enhances the claim’s worth.
Permanent Impairment and Disability
A permanent disability can affect the value of pain and suffering damages. Similarly, a chronic disability or impairment raises future care costs, which might boost the value of a nursing home claim.
Determining & Proving Fault
Under Missouri law, you must demonstrate negligence and fault to seek damages for physical and emotional abuse. If you have a poor case, the value of your claim may drop since the nursing home is aware that bringing the issue to court may end in total denial of the claim. The nursing home may offer a reduced payout if there are reasonable doubts about who caused the patient’s injury.
Staff Member Behavior
In a rare number of instances, punitive damages are granted. These damages are designed to “penalize” those who have behaved with reckless disregard for another individual’s safety, health, or life. If you can show the components necessary for punitive damages, the value of your claim will increase.
Statutory Compensation Limits in Missouri
The court’s jurisdiction might influence a claim’s value. Some states limit the amount of compensation that may be awarded for personal injury cases. The legislation of Kansas limits compensation for noneconomic damages (pain and suffering damages).
Nonetheless, the Kansas Supreme Court determined in 2019 that damages limitations were unconstitutional. Missouri does not have compensation limits except for medical malpractice and wrongful death cases.
Hiring a Kansas City Physical and Emotional Abuse Lawyer
The decision to employ an experienced Kansas City physical and emotional abuse lawyer can also affect the value of your claim for several reasons. One approach is that insurance companies and defense attorneys are familiar with local personal injury attorneys with extensive expertise.
When you hire us, a complete legal team will investigate the nursing home mistreatment and collect evidence to prove guilt and damages. In addition, we are familiar with the legal requirements for a claim and how to make compelling reasons in favor of maximum compensation for your claim.
The nursing home and long-term care or assisted living facility employees must be held accountable when this abuse happens. If you or a loved one has been the victim of physical or emotional abuse in a nursing home, our skilled Kansas City physical and emotional abuse lawyer is here to assist you.
You have legal choices. You may need to remove your loved one from the nursing home or institution until the situation is resolved, and you should report the elder adult abuse to the proper authorities.
Many patients in nursing homes are frail and vulnerable, making them suitable targets for physical and emotional abuse. If you or a loved one have been the victim of emotional or physical abuse at the nursing home, the offender must be punished for their abhorrent conduct. Our physical and emotional abuse lawyer in Kansas City is available to assist you in pursuing justice.