When you trust another person with the care of your elderly parent or loved one, you shouldn’t have to worry about inadequate care or malice. If you find signs that your loved one is facing neglect, you may feel not only outraged but also worried and afraid. You know that your loved one deserves justice for the harm they’ve suffered, but you may not know where to turn.
Neglect is a form of elder abuse, and it shouldn’t be taken lightly. You may be wondering, can you sue a care provider for elder neglect in Charleston, WV? Keep reading to learn what you need to know about suing a care provider for elder neglect, and find out how the team at Stewart Bell, PLLC may be able to help.
Can You Sue a Care Provider for Elder Neglect in West Virginia?
Elder abuse doesn’t just mean physical injuries. In fact, the harm inflicted is often invisible and in the form of emotional trauma. Neglect is a form of abuse that arises when a caregiver fails to provide for the basic needs of your loved one. This can include not giving them enough food and drink, failing to keep their clothes clean, not maintaining their hygiene, or failing to provide the medication or medical care they need.
If a caregiver has neglected to take care of your loved one, you or your loved one may be able to sue. There are a few things to keep in mind before filing your suit.
Who Can Sue for Elder Abuse in West Virginia?
In general, only the person who has been wronged can file a lawsuit. In West Virginia, however, direct family members such as children or spouses, can sometimes file a lawsuit on behalf of the abused person. The best way to find out if you can file a lawsuit on behalf of someone who has been subjected to elder neglect is to contact a qualified elder neglect lawyer.
Are You Within the Time Limit to File?
Every state has a deadline to file a lawsuit, which is called a statute of limitations. In West Virginia, this deadline varies for civil cases and criminal ones. Though, elder abuse is considered both civil and criminal. Because of this, it’s important to call the authorities as soon as you suspect elder neglect to start the process of building your case.
When seeking compensation for elder abuse, it is considered a civil case. For elder abuse civil cases in West Virginia, you have two years after the abuse was discovered to file a case. There may be exceptions to the deadline depending on the details of your case, so it is in your best interest to have an experienced attorney look over your case to ensure that everything is on track for upcoming deadlines.
It’s also important to note that criminal cases have nothing to do with a civil case. Even if you have filed criminal charges, you should still reach out an elder neglect attorney about a civil case if you want to seek a fair settlement for your loved one.
What Compensation Can Your Loved One Get?
Your loved one may be eligible for a range of compensation to cover expenses stemming from their neglect. This includes medical bills, damage to their quality of life, and other emotional damages and financial losses.
Since each case is unique, there is no way to accurately estimate the compensation you and your loved one may deserve. To find out what your case might be worth, contact an elder abuse attorney who can give you a free case review and walk you through your legal options.
Call a Charleston Elder Neglect Lawyer at Stewart Bell Injury Lawyers
At Stewart Bell Injury Lawyers, our team has over 120 years of combined experience in pursuing personal injury cases. Our elder neglect lawyers in Charleston, West Virginia, are ready to help you seek the justice you and your loved one deserve. We want to make getting help easy and simple. Contact us today to schedule your free case review and we will get started right away. Let’s seek justice together.
