San Antonio Elder Abuse Lawyer
Our San Antonio elder abuse lawyer team protects vulnerable seniors who suffer harm in nursing homes, assisted living facilities, or private care settings. We investigate signs of elderly abuse and neglect in nursing homes, including unexplained injuries, emotional withdrawal, bedsores, or sudden financial changes.
When caregivers, staff, or institutions violate their legal duty to protect our senior community, the San Antonio elder abuse attorneys at Janicek Law take immediate action to hold them responsible, helping family members seek maximum compensation under Texas elder abuse laws.
Our elderly abuse lawyers in San Antonio understand that not all skilled nursing facilities are equal. In some cases, the lack of staff in Bexar County senior care centers can lead to abuse and neglect. If you believe that a relative is not receiving the care they deserve or is being mistreated at the nursing home, it’s time to take legal action.
Call a San Antonio elder abuse attorney at Janicek Law today at 210-366-4949 for a free consultation.
What Does a San Antonio Senior Abuse Lawyer Do?
A senior abuse lawyer in San Antonio is a type of personal injury lawyer who seeks justice for nursing home residents. If an elder care facility employee abuses an elderly person in any way, our attorneys can file a lawsuit.
Legal counsel can demonstrate the following during a case:
- The elder care facility had a legal obligation to look after the victim.
- A resident was hurt by staff members due to negligence and/or intentional acts of violence.
- Because of the staff’s conduct, the individual sustained long-term or permanent damage.
- The victim (and/or their family) requires compensation in order to heal from their abuse.
How Common is Elder Abuse in Bexar County?
In 2021, Adult Protective Services (APS) in Bexar County received 10,082 reports of abuse, neglect, or financial exploitation. This means that Bexar County ranks among the highest in the state of Texas. This reflects a serious local problem that law enforcement and social services continue to address.
Statewide in Texas, APS received over 120,000 elder abuse reports, with more than 10,400 filings coming from Bexar County alone in 2023.
Again, this places Bexar County second only to Harris County in terms of case volume.
Staff shortages in long-term care facilities contribute to this crisis across the country.
Nationally, over 94% of nursing homes and 81% of assisted living communities report staffing shortages. When this happens, elderly residents face increased risk of falls, medication errors, neglect, dehydration, and bedsores.
Elder Abuse Examples
Elderly individuals are particularly prone to exploitation and mistreatment due to their age and fragility. Unfortunately, since inhabitants are intimidated or coerced by such predatory caretakers, the majority of incidents go undetected. The best method of protecting your loved one is to go to the nursing home, look out for warning signs of nursing home abuse in Texas, and see whether you have enough evidence to file a lawsuit.
But before you call a San Antonio elder abuse lawyer from our law firm, it’s critical to know what acts are considered “elder abuse” or “elder neglect.”
Neglect of basic needs occurs when an institution does not offer enough hydration or nourishment, fails to acknowledge cleanliness and incontinence, or fails to provide a secure and safe environment for the patient.
Medical neglect occurs when nursing home employees don’t provide emergency medical care necessities and medical treatment for life-threatening diseases, like diabetes or traumatic wounds.
Physical Abuse occurs when a nursing home employee inflicts physical pain or harm on an elder through hitting, spitting, choking, etc.
Sexual Abuse occurs when a nursing home employee engages in any form of sexual touching or intercourse without the elderly person’s consent.
Elder Financial Exploitation is the unlawful seizure, abuse, or deception of an elderly person’s finances, property, or assets for someone else’s gain.
Emotional Abuse is the intentional infliction of emotional pain or manipulation on an elderly person. This can happen through verbal or non-verbal behaviors such as humiliation, fear, or threats.
Abandonment happens when a nursing home employee abandons a defenseless senior. As a result, the elderly person may not have their basic needs met.
Signs of Elder Neglect and Signs of Abuse in Elderly Residents in San Antonio
A vulnerable loved one may be too scared or unable to inform you of the maltreatment they are enduring. Listed below are the warning signs and symptoms of abuse or neglect.
- Bedsore wounds, bruises, and other injuries
- Sexual assault wounds or bruises
- Significant weight loss
- Call lights that frequently go unanswered
- Restraining a resident without cause
- Withholding food or water
- Frequent medication errors
- A sudden change in the elderly person’s personality, mood, behavior, etc.
- Failing to meet a resident’s personal hygiene needs
- Financial exploitation of a resident
- The elderly person may be silent or emotionally withdrawn when they’re around their caretakers
- Unexpected changes in the elderly person’s will, power of attorney, bank accounts, etc.
Residents injured in Bexar County assisted living facilities may be too embarrassed to speak up about their abuse. Because of this, it’s critical for friends and family members to retain a careful watch on their loved ones.
If you suspect elder abuse or neglect, call a San Antonio elder abuse lawyer from our legal team immediately.
How to Report Elder Abuse in Texas
As reported by the Department of Justice (DOJ), most incidences of nursing home abuse or neglect go undetected, with as high as 24% of events not being documented. If you suspect that your loved one is being mistreated, you have options. You can remove your loved one from the nursing home if necessary. If their life is in grave jeopardy, call 911.
You could also make a complaint through local, state, and national authorities if you suspect abuse or neglect. Please note that various reporting processes differ from state to state. Adult Protective Services (APS) agencies can be found in every jurisdiction. To ensure seniors are safe, APS collaborates with state and local governments. A long-term care ombudsman program also exists in every state. Nursing home ombudsmen are individuals who listen to residents’ complaints and find solutions.
It is critical to expose elder abuse and neglect. Those who are brave enough to speak up and take action can create transformation in nursing homes across the nation.
After the elder neglect or abuse has been reported, you might decide to file a lawsuit to demand justice and recompense.
Contact the reputable San Antonio elderly abuse attorneys at our law firm to take legal action. Our senior abuse lawyers offer a free legal case review and consultation to everyone in Bexar County and the surrounding areas.
Are Elder Abuse Lawyers Worth It?
Always. The individuals who get away with widespread abuse and neglect of elderly people should be held responsible for their actions. Hiring an experienced attorney who specializes in elder abuse cases in Bexar County may bring an end to the mistreatment, punish liable perpetrators, and recover compensation for your elderly relative and their losses.
How Our Bexar County Elderly Abuse Lawyers Can Help
The Bexar County elderly abuse lawyers at Janicek Law can:
- Investigate the abusive situation in the assisted living facility
- Determine the severity of the situation. For example: does the elder have broken bones or bed sores as a direct result of the abuse?
- Calculate the costs associated with the abuse.
Our elder abuse lawyers will then begin investigating your case in what’s called the discovery phase. We will do this by obtaining photographic evidence of the abuse, investigating medical records, asking for professional medical advice, interviewing witnesses such as nursing home staff members and other residents, and speaking with the abuse victim if possible.
From here, our elder abuse attorneys in San Antonio will then prepare for trial by filing, defending, and opposing pleadings to make the legal process easier for the victim and their families. A specific amount of compensation is agreed upon in civil litigation.
Your elder abuse attorney will negotiate a deal depending on the amount of money at stake for your settlement. Then, if the legal team can’t reach a compromise, the elderly neglect or abuse lawsuit will go to trial. For many elderly abuse cases, the trial ends with a large amount of compensation in favor of the victim.
Compensation for Elderly Victims in San Antonio
Our San Antonio personal injury lawyer group can help you and your loved one win compensation for:
- Past and future medical bills associated with the abuse
- Past and future rehabilitation bills associated with the abuse
- Physical pain and suffering
- Emotional distress
- Past and future therapy bills for psychological abuse
- Financial abuse
- Loss of quality of life
Elder Abuse Statute of Limitations Texas
The importance of timeliness cannot be overstated. An elder abuse claim should be filed as soon as possible; otherwise, the statute of limitations could prohibit the matter from proceeding through the legal system. In Texas, victims and their loved ones have two years to file elder abuse cases. This clock starts ticking from the day the abuse begins or the day the loved ones become aware of the abuse.
Contact a San Antonio elder abuse attorney from our legal team to learn more.
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