Has someone you love been abused at a nursing home, assisted living facility, or rehabilitation center in Monterey County, California? Call Mercado Kramer, LLP at (888) 311-4050 for a free consultation with an experienced Monterey County nursing home abuse lawyer.
Your loved one has legal rights, including the ability to seek compensation for medical expenses, pain and suffering, and other losses caused by abuse or neglect. Our dedicated legal team is committed to pursuing maximum compensation and protecting the rights of vulnerable individuals in Monterey County and across California’s central coast.
Why Choose Mercado Kramer, LLP to Handle Your Nursing Home Abuse Case in Monterey County, CA?
Nursing home abuse is tragically common—studies show that nearly two-thirds of caregivers admit to mistreating residents at some point. Yet, when allegations arise, nursing facilities and their insurers often focus on protecting their reputation and avoiding liability rather than putting residents’ safety first.
That’s why having an experienced Monterey County personal injury lawyer on your side is critical. At Mercado Kramer, LLP, families turn to us because we are honest, reliable, and relentless trial attorneys with a proven record of results. We know how to hold negligent facilities accountable and fight for the justice your loved one deserves.
Let us take on the legal battle while you focus on your family’s healing. Your first consultation is free, and you pay nothing unless we recover compensation on your behalf.
What is Nursing Home Abuse?
Nursing home abuse occurs when a caretaker or facility intentionally mistreats a resident and causes physical harm, emotional distress, or financial hardship.
There are five main categories of nursing home abuse: physical, emotional/psychological, sexual, financial, and neglect.
Physical Nursing Home Abuse
Physical nursing home abuse involves the intentional infliction of physical pain or injury by hitting, pushing, pulling hair, squeezing, or using overly tight restraints.
Emotional Nursing Home Abuse
Emotional nursing home abuse—which is perhaps the most commonly reported type of elder abuse—occurs when a caretaker repeatedly and intentionally causes a resident to be embarrassed, fearful, nervous, ashamed, anxious, or suffer from other emotional distress.
It’s common for nursing residents to suffer from psychological trauma when they’re berated, yelled at, chastised, teased, gaslit, taunted, or otherwise mistreated by their caretakers, especially in the presence of others.
Sexual Nursing Home Abuse
Nursing home residents are sometimes forced to engage in or watch sexually explicit actions without their consent. This type of nursing home abuse can result in sexually transmitted diseases, cause serious physical injuries, and cause significant emotional trauma.
Financial Nursing Home Abuse
Aging and disabled residents in California nursing homes are often the targets of identity theft, fraud, and manipulative financial schemes. Others have funds misappropriated or stolen by their caretakers. All of these things are examples of financial abuse.
Neglect
Nursing home residents can be abused without anyone laying a hand on them or speaking to them. Unfortunately, neglect can be just as harmful—if not more so—than other types of nursing home abuse. Neglect can involve depriving a resident of food, water, medication, medical treatment, housing, or other needs required for survival and good health.
What Are the Signs and Symptoms of Nursing Abuse?
It’s not uncommon for victims of nursing abuse to experience several different types of abuse simultaneously.
Depending on the type of abuse that’s unfolding, residents might exhibit some of the following signs and symptoms:
- Unexplained physical wounds, including broken bones, cuts and lacerations, burn injuries, soft tissue injuries, bruising and contusions, and bedsores
- Dehydration
- Malnutrition
- Unexplained illness or disease
- Exhibiting signs of fear or anxiety, especially around their primary caretakers
- Refusing to speak or interact with family members
- Isolation and withdrawal
- Depression and anxiety
- Changes in mood or behavior
- Confusion and disorientation
- Anger
- Unexplained financial costs and purchases
If you suspect that someone you love is being abused in a nursing home in Monterey County, CA, it’s important to take immediate action to protect them. If you believe they’re in imminent danger, call the local police department for assistance.
If there is not an immediate threat to their safety, you can report the abuse to Monterey County’s Aging and Adult Services or the California Department of Public Health.
Who’s Liable for Nursing Home Abuse?
Nursing home abuse lawsuits can be filed against anyone who plays a direct or indirect role in a resident’s injury and suffering.
Depending on the specific circumstances of your loved one’s situation, liable parties could include a:
- Nursing facility
- Certified Nursing Assistant (CNA)
- Physician
- Physical therapist
- Nursing home staff member
- Licensed Practical Nurse (LPN)
Our Monterey County nursing home abuse attorneys will carefully investigate your case, determine who’s responsible for the abuse, and work hard to ensure that they’re held accountable for their actions.
What’s My Nursing Home Abuse Lawsuit Worth?
It depends. Many things can impact the amount of money you might be able to recover through a nursing home abuse lawsuit.
Important considerations tend to include:
- The types of physical injuries sustained
- The extent of a victim’s emotional distress and the impact it’s had on their quality of life
- The type of abuse they experienced
- Financial hardships and consequences of the abuse
- The resident’s age and life expectancy
- The need for critical and/or long-term medical treatment
The more pervasive and severe the abuse the resident experienced, the more they can typically expect to get through a personal injury settlement or jury verdict at trial.
What Damages Can Be Paid to Victims of Nursing Home Abuse in Monterey County?
Compensatory damages are awarded to help victims of nursing abuse deal with the financial consequences of the abuse, as well as the harder-to-value trauma they’ve experienced.
Known as economic damages and non-economic damages, respectively, this can include money for:
- Medical bills
- Rehabilitation
- Personal care assistance
- Costs associated with transferring to a different facility
- Restitution for financial losses
- Loss of consortium
- Reduced quality of life
- Pain and suffering
- Emotional distress
- Chronic physical pain
- Disfigurement and scarring
- Embarrassment
California law permits punitive damages when there is clear and convincing proof that a resident was harmed intentionally or because of a caretaker’s gross negligence, or when there’s proof of fraudulent concealment of abuse or neglect.
How Much Does it Cost to Hire a Nursing Home Abuse Attorney in Monterey County?
Our Monterey County nursing home abuse attorneys fight for residents and families on a contingency fee basis. You’ll pay nothing unless we win compensation for your nursing home abuse case.
Our fees are tied to the case results we win on your behalf. When we win, we’re paid out of your settlement or jury award. This way, there’s no risk in asking for help with your fight for compensation. If we don’t win, you’ll pay us nothing at all.
Is There a Time Limit for Filing a Nursing Home Abuse Lawsuit in California?
You’ll generally have two years from the last date of abuse to file a nursing home abuse lawsuit in the state of California. The two-year statute of limitations applies to matters of personal injury and wrongful death. In wrongful death cases, the statute of limitations runs from the date of the resident’s passing.
You have to file your claim on time, or you lose the right to hold the nursing facility or caretaker accountable for the harm they’ve caused.
Contact an Experienced Monterey County Nursing Home Abuse Lawyer for a Free Consultation
You placed your trust in a nursing facility to provide safe and compassionate care for your loved one. When that trust is broken and abuse or neglect occurs, the facility must be held responsible for its failures and the harm caused by its staff.
At Mercado Kramer, LLP, we are dedicated advocates for victims of nursing home abuse and their families. With a proven, multi-million-dollar record of success, our Monterey County nursing home abuse lawyers know how to fight for justice while giving you the space to focus on your loved one’s healing.
Reach out today to schedule a free consultation and learn how we can protect your family’s rights.
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450 Lincoln Ave Ste. 102, Salinas, CA 93901
(888) 311-4050
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