Filing a nursing home physical abuse claim in West Virginia.

Has Your Elderly Loved One Suffered Abuse in Dunbar?

You're not alone, and help is available. Our experienced attorneys understand the unique challenges and emotional toll of elder abuse cases, and we're here to advocate for justice on behalf of your family. Don’t wait—schedule a free case review with an elder abuse lawyer in Dunbar today.

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Elder Abuse Lawyer in Dunbar, WV

At Stewart Bell, PLLC, our attorneys are deeply committed to protecting the rights and well-being of our senior citizens. We strive to provide comprehensive assistance to our elderly neighbors in need. With years of experience handling elder abuse cases, we are well-equipped to hold abusers accountable and help ensure the safety and security of our cherished senior community. If you know or believe your loved one is a victim of abuse, speak with a skilled elder abuse lawyer in Dunbar for free.

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Getting Help
Is Easy

During such a traumatic time, we make getting the legal help you need as easy as possible. All you have to do is call us and we’ll do everything we can to help you and your family.

Your Family
Deserves Justice

If your elderly loved one has been abused or neglected, your family has rights. Our experienced team is ready to uphold those rights and fight for the justice and compensation you deserve.

No Fee Unless
We Win

We believe that everyone should have access to quality legal representation. That’s why we work on a contingency fee basis. This means it won’t cost you anything to hire our attorneys and you won’t owe us a dime unless we win for you!

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Forms of Elder Abuse in Dunbar, WV

Elder abuse in Dunbar, WV can take many forms, including financial, psychological, sexual, and physical:

  • Financial abuse consists of bad actors using elderly residents’ financial resources wrongfully and in their own interest and theft of those finances.
  • Psychological abuse consists of actions that endanger, berate, or humiliate the resident.
  • Sexual abuse encompasses a range of behaviors, from unwanted touching to severe assault.
  • Physical abuse includes piercing the resident’s skin by hand or with a tool, grabbing him or her in the mouth, beating the elderly person, etc.

Other key forms of elder abuse include abandonment, isolation, and neglect. Abandonment can look like the caregiver leaving the senior individual who cannot take care of themselves alone when needing help. Isolation includes not allowing them to communicate with other people they know or restricting their access to other areas of the nursing home. Finally, neglect consists of not supplying the required elements for daily living such as medicine, liquids, sustenance, and garments.

Federal & State Elder Abuse Laws

Understanding both federal and state laws regarding the abuse of the elderly in nursing homes is crucial in these cases. Here are 5 key areas of law that often come into play when dealing with an elder abuse claim:

  1. Elder Justice Act: The Elder Justice Act is a law to help prevent and address elder abuse, neglect, and exploitation. It provides funding for programs and services that promote the safety and well-being of older adults.
  2. Older Americans Act: The Older Americans Act is a federal law that supports various programs and services for older adults. It focuses on promoting independence, preventing elder abuse, and providing support for caregivers.
  3. West Virginia Adult Protective Services Act: The West Virginia Adult Protective Services Act is a state law that aims to protect vulnerable adults from abuse, neglect, and exploitation. It establishes a system for reporting and investigating cases of abuse and provides for the provision of protective services.
  4. West Virginia Nursing Home Licensure Rules: The West Virginia Nursing Home Licensure Rules are regulations that govern the operation and licensing of nursing homes in West Virginia. These rules establish standards for the quality of care and services provided in nursing homes.
  5. Medicare and Medicaid Requirements for Long-Term Care Facilities: Medicare and Medicaid are federal health insurance programs that provide coverage for certain long-term care services. The requirements for long-term care facilities participating in these programs ensure that they meet certain standards of care and quality.

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Statute of Limitations

If an individual seeks legal recourse in a West Virginia elder abuse case, the plaintiff must file a claim within two years to comply with the state’s statute of limitations. To receive the best legal help available, it is imperative to file within the period because of the complexities around an elder abuse case. In addition, if you miss the deadline you are prohibited from recovering any damages. Contact a skilled Dunbar elder abuse lawyers at Stewart Bell, PLLC, at 304-779-8563 for a free case review today.

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Top Warning Signs of Elder Abuse

Elder abuse has several warning signs. Examples include the following:

  • A caregiver willfully and falsely administering medication administration based on forensic evidence
  • Loved one drastically displaying a different personality
  • Internal injuries seen in the skin, eye discoloration, torn skin, signs of a rope used to restrain the elderly, and swollen bumps
  • Uninterested in food, getting up in the middle of the night, or sleeping longer than usual
  • Not engaging in normal conversation, staying away from other residents, and staff, no longer speaking at all
  • Overall worry and sadness
  • Unexpected and unknown family members alleging that they have a right to the elderly’s assets or property
  • Quick beneficiary modifications in important economic forms including the elderly’s will
  • Elderly receiving nursing care or items that he or she individual did not request
  • Unresolved systemic health concerns
  • No food to be found in the elderly’s residence
  • Unkempt living quarters for the elderly’s resident
  • Contusions anywhere on the resident’s body
  • Unusual body language from an elderly resident in front of a particular staff member or members who could be the abuser(s)

What are the Best Ways to Fend Off Elder Abuse?

10% of the American elderly population have experienced a form of abuse. To help prevent elder abuse, individuals have several options available:

  1. It is vitally important to learn to spot the top signs of elderly abuse listed above.
  2. In some cases, elderly nursing home residents might not receive many visitors. Proactively spend time with them to help prevent elder abuse.
  3. Just as we have a part in protecting the elderly against abuse, nursing home staff have a role as well. Provide nursing staff with the assurance that substance abuse counseling services are easily accessible to them.
  4. In addition to referring staff to counseling services, offer professional help to assist staff with the stress of caregiving.
  5. Actively hear the concerns of the residents and nursing care staff and provide solutions and encouragement.
  6. Discover the differences between the standard process of getting versus elderly abuse. Finally, report potential abuse with the state’s elder protective services.

What Charges Can Be Levied Against Elderly Abusers?

Charges can be levied against elderly abusers. Based on the seriousness of the harm, the two types of charges associated with elder abuse in West Virginia are a misdemeanor or a felony. If found guilty of a misdemeanor for elderly abuse in West Virginia, an abuser may be imprisoned for a minimum of 3 months and at most a year according to WV Code §61-2-29. In addition, elderly abusers can face a minimum fee of $100 and a maximum of $500. Depending on the legal case, an abuser can receive a combination of imprisonment and fees.

Unlike misdemeanors, felonies almost always have more substantial jail time at the state level and higher financial penalties. For instance, if an elderly person is significantly hurt due to nursing staff willfully ignoring their responsibility to care for the resident, or intentionally hurting them, then the charge will be a felony.

How an Attorney Can Help Ensure the Legal Rights of Elders in Dunbar, WV

Having legal representation ensures that the rights of abused elders are protected and that justice is advocated for on their behalf. With a dedicated team of attorneys, thorough investigations are conducted to gather compelling evidence and build a strong case against the perpetrators. Whether the case falls under state or federal jurisdiction, the responsible parties must be held accountable. With extensive expertise and vast resources in elder law, effective representation is provided to ensure the best possible outcome for clients.

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Meet Our Dunbar Elder Abuse Lawyers

Our team boasts extensive experience and a deep understanding of elder abuse law. We’re proud to serve clients in Dunbar and across Kanawha County, bringing our knowledge, compassion, and commitment to every case we handle.

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Why Use Stewart Bell Injury Lawyers for Your Elder Abuse Case

Stewart Bell Injury Lawyers has received numerous awards and recognitions for our work in personal injury law. We adhere to the highest standards of practice, ensuring that we have the most current information to analyze claims. Our track record speaks for itself–we have successfully represented numerous clients, helping them secure the compensation they deserve. If you’re seeking an elder abuse lawyer in Dunbar, WV, we’re here to help. Contact us online via our website or give us a call at 304-779-8563 for a free case review.

Other Case Types We Handle

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For more than 30 years, the lawyers of Stewart Bell, PLLC have helped the people and businesses of West Virginia protect their interests and rights. We understand the issues that injured people and their families face after an accident and work quickly to obtain the MAXIMUM amount of compensation for every case we handle.

We have recovered MILLIONS of dollars for clients injured because of nursing home abuse, motor vehicle accidents or medical malpractice.

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