As our loved ones age, it becomes increasingly important to ensure their safety, well-being, and protection. Unfortunately, elder abuse is a distressing reality that many seniors face, elder abuse causing physical, emotional, or even financial harm. If you suspect that an elderly loved one is being abused or neglected, it is crucial to take immediate action to protect their rights and seek justice. At Kellum Law Firm, we are committed to advocating for the rights of the elderly and providing effective legal remedies to hold the responsible parties accountable.
Elder Abuse Statistics (2021)
- According to a study conducted by the National Center on Elder Abuse, approximately 1 in 10 Americans aged 60 and older have experienced some form of elder abuse.
- The same study found that nearly 24.3% of elder abuse cases occur in residential care settings, such as nursing homes and assisted living facilities.
- The National Ombudsman Reporting System (NORS) reported that in 2019, there were approximately 7,754 complaints of abuse, gross neglect, or exploitation in nursing homes in the United States.
- The Administration for Community Living (ACL) reported that in 2019, there were more than 9,000 complaints of abuse, neglect, or exploitation in assisted living facilities.
- It is important to note that elder abuse is widely underreported. Studies suggest that only 1 in 14 cases of elder abuse are reported to authorities.
Recognizing Elder Abuse
Elder abuse can take various forms, and it is not always easy to detect. It is essential to be vigilant and aware of the signs of abuse. Common types of elder abuse include:
- Physical Abuse: Any intentional use of force that results in physical harm, pain, or impairment, such as hitting, pushing, or restraining the elderly individual.
- Emotional or Psychological Abuse: Inflicting emotional pain, distress, or anguish through verbal or non-verbal means, including threats, intimidation, humiliation, or isolating the elderly individual from family and friends.
- Financial Exploitation: Illegally or improperly using an elderly person’s funds, assets, or property, often through manipulation, coercion, or fraud.
- Neglect: Failing to provide the necessary care, assistance, or basic needs, resulting in physical or emotional harm to the elderly person.
- Sexual Abuse: Any non-consensual sexual contact or activity involving an elderly individual, including unwanted touching, coercion, or rape.
Legal Remedies for Elder Abuse
If you suspect or have evidence of elder abuse, taking prompt legal action is essential to protect your loved one and hold the abusers accountable. Our experienced elder abuse attorneys at Kellum Law Firm can assist you in pursuing various legal remedies, including:
- Criminal Charges: If the abuse involves criminal acts, such as assault, theft, or fraud, reporting the abuse to local law enforcement can lead to criminal charges being filed against the abusers. This can result in prosecution, penalties, and potential imprisonment.
- Civil Lawsuits: Civil lawsuits can be pursued to seek compensation for the damages caused by elder abuse. This may include medical expenses, pain and suffering, emotional distress, and financial losses. Our attorneys will thoroughly investigate the case, gather evidence, and build a strong legal strategy to hold the responsible parties liable.
- Protective Orders or Restraining Orders: In situations where immediate protection is necessary, obtaining a protective order or restraining order can help prevent further abuse or contact from the abuser. Our attorneys can guide you through the process of obtaining the appropriate legal protection for your loved one.
- Nursing Home or Care Facility Negligence Claims: If abuse or neglect occurs in a nursing home or elder care facility, legal action can be taken against the facility for its failure to provide a safe and secure environment for residents. This may involve filing a negligence claim to seek compensation and ensure the necessary changes are made to prevent future incidents.
- Estate Planning and Guardianship: In some cases, it may be necessary to establish guardianship or conservatorship to protect the rights and interests of the elderly person. This legal arrangement ensures that a responsible person is appointed to make decisions on behalf of the elderly individual, safeguarding their well-being and assets.
Working with Kellum Law Firm
At Kellum Law Firm, we understand the sensitive and complex nature of elder abuse cases. We approach each case with compassion, respect, and a deep commitment to protecting the rights of the elderly. Our team of dedicated attorneys will guide you through the legal process, and take all appropriate action on your behalf. Stop the abuse of your loved ones, act now – Call 1-800-ACCIDENT 24/7.
More Elder Abuse Legal Resources
View our series of legal guides aimed at helping families in North Carolina better understand elder abuse and take informed action.
To view the full series and access more elder abuse legal guides as they’re released, visit our Elder Abuse Legal Guide Index.
Here are four essential articles for additional reading:
