Florence, SC Nursing Home Abuse Lawyers
Abuse is too common in nursing homes, often leaving residents with painful non-economic damages and costly economic losses. Our attorneys are prepared to build and litigate a nursing home abuse case while supporting victims and their families in South Carolina.
First, we can explain who is liable and why the abuser and the nursing home itself can share responsibility. Then, we can get the witness statements, medical records, incident reports, and other evidence to file a lawsuit for sexual, physical, emotional, medical, financial, or other forms of abuse. A lawsuit that goes to trial may yield punitive damages, but settling these cases is also fairly common.
Call Burriss Ridgeway Injury Lawyers today at (803) 451-4000 for our nursing home abuse lawyers to review your case for free.
Who is Liable for Nursing Home Abuse in Florence, SC?
For a victim to get all the damages they deserve after enduring nursing home abuse, our attorneys must identify all of the parties who share liability, such as the nursing home and the specific staff member who abused the victim.
The Abuser
The person who personally abused the nursing home resident bears responsibility for their actions. Unless they are independently wealthy, however, getting all the compensation you need out of them alone can be challenging.
The Nursing Home
The nursing home is also liable for multiple reasons. First, the nursing home owes the resident a duty of care to help ensure their safety. If the nursing home was ignorant of abuse or performed subpar background checks on employees, it may have been in breach of its duty.
Also, the nursing home is liable for its employees while they are working. If a staff member abuses a victim while on shift, the nursing home may be legally liable as well. Filing a lawsuit against the facility may yield fairer compensation, so it’s important to explore this possibility.
Nursing Home Abuse Lawyer and Lawsuit FAQs
Can You Settle a Nursing Home Abuse Case in Florence, SC?
Settling nursing home abuse cases is common to avoid additional trauma for victims. It can yield sizeable settlements with our attorneys’ aggressive negotiations. Plaintiffs don’t have to settle lawsuits; they may go to trial if they choose.
Do You Need a Lawyer to Sue for Nursing Home Abuse?
Gathering evidence, proving injuries and damages from abuse, and proving that abuse occurred at all becomes much harder without the help of our experienced lawyers in Florence.
How Long Do You Have to File a Nursing Home Abuse Lawsuit?
Victims have three years from the last instance of abuse in a nursing home to sue for it in South Carolina, unless an exception for delayed discovery of injury applies.
When Should You Get a Nursing Home Abuse Lawyer?
If a loved one in a nursing home has reported abuse to you or shown clear signs they are being abused, you should encourage them to contact our lawyers for help immediately.
What Counts as Nursing Home Abuse in Florence, SC?
Neglect, sexual assault, theft, physical assault, and exploitation can all count as abuse in a nursing home setting, making the victim entitled to seek the damages they incurred. If you are unsure whether certain conduct counts as abuse, we can clarify.
How Can You Prove Nursing Home Abuse?
To prove a nursing home abuse lawsuit, we must prove by a “preponderance of the evidence” that the nursing home or a staff member is more than likely liable for the abuse the victim endured and the damages they suffered.
What Economic Damages Can You Get for Nursing Home Abuse?
Plaintiffs in nursing home abuse lawsuits may get economic damages for medical expenses, the cost of switching nursing homes, therapy expenses, and other tangible harms.
What Non-Economic Damages Can You Get for Nursing Home Abuse?
Plaintiffs can seek damages for the mental anguish and emotional distress from nursing home abuse, which we can quantify and prove. Non-economic damages aren’t capped in abuse lawsuits in South Carolina.
Can You Get Punitive Damages for Nursing Home Abuse in South Carolina?
South Carolina allows punitive damages for egregious conduct, such as ongoing abuse in a nursing home setting. Punitive damages are unavailable in claims for ordinary negligence.
Do You Need Medical Records to Prove Nursing Home Abuse?
Doctors can confirm long-term sexual, physical, and medical abuse or neglect, which is why victims must document their injuries with medical professionals and generate medical records. Our nursing home abuse lawyers can obtain records with the victim’s permission.
Do You Need Incident Reports to Prove Nursing Home Abuse?
While having previous reports of abuse to the nursing home or police may help a civil lawsuit in South Carolina, they are not necessary for victims to bring successful compensation claims against facilities.
Can You Use Witness Testimony to Prove Nursing Home Abuse in Florence, SC?
Witness testimony can help us prove nursing home abuse and may come from other residents of the facility, staff members, doctors, or family members.
What Are Signs of Nursing Home Abuse?
Some of the top signs of nursing home abuse include unexplained and frequent injuries, sexually transmitted diseases, worsened health, depression, missing valuables, and isolation.
Is the Nursing Home Liable for an Employee’s Actions?
Generally speaking, a nursing home is liable for its employees’ actions while they are working, including any abuse inflicted while they are working or treating residents in South Carolina.
Does the Victim Have to Testify in a Nursing Home Abuse Lawsuit?
The victim will not have to testify if the lawsuit settles. Testifying if the lawsuit goes to trial is very case-specific. If testifying is advisable, we will spend considerable time preparing the victim so they are comfortable.
Call Our Lawyers for Help with Your Case in Florence, SC
Get your free case evaluation from our nursing home abuse lawyers by calling Burriss Ridgeway Injury Lawyers at (803) 451-4000 today.