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Has Your Elderly Loved One Been a Victim of Neglect in West Virginia?

At Stewart Bell, PLLC, we are committed to holding negligent caregivers accountable and protecting the rights of elderly victims across West Virginia. A skilled West Virginia elder neglect lawyer can help you seek justice for your loved one’s suffering. Schedule a free consultation today.

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Your Elder Neglect Lawyer in West Virginia

When an elderly loved one suffers from neglect, the emotional and physical toll can be overwhelming. As a trusted elder neglect lawyer in West Virginia, Stewart Bell, PLLC, is here to help families navigate the legal complexities of these sensitive cases. We are dedicated to holding negligent caregivers and facilities accountable, ensuring that your loved one’s rights are protected, and fighting for the compensation they may deserve. Let our team guide you through this challenging time and work tirelessly to achieve justice for your family.

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Getting help for your case is as easy as picking up the phone. All it takes is one call, and we’ll handle the rest!

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You deserve to be compensated for the pain you’ve suffered at the hands of neglectful staff. Let our attorneys help you fight for your rights.

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Calling our offices is risk-free for you. There are no fees for our consultation or services unless we win your case.

What Is Elder Neglect?

Elder neglect occurs when a caregiver fails to provide adequate care, resulting in harm to an elderly person. This can happen in various settings, including nursing homes, assisted living facilities, or even in the elderly person’s own home. Elder neglect differs from elder abuse, which involves intentional harm. Neglect is typically a result of carelessness, understaffing, or poor training, but it can be just as devastating as abuse.

Elder neglect can take many forms, each with devastating consequences for the well-being of an elderly individual. Some common types of elder neglect include:

  • Medical Neglect: Failure to provide proper medical care, such as missing medications or ignoring health concerns.
  • Emotional Neglect: Failing to offer emotional support, resulting in loneliness or depression.
  • Nutritional Neglect: Lack of proper food or hydration, leading to malnutrition or dehydration.
  • Hygiene Neglect: Failing to assist with personal hygiene, causing infections or poor living conditions.
  • Financial Neglect: Mismanagement of the elderly person’s funds.

What Are Signs of Elder Neglect?

Elder neglect can be subtle, but the effects can be life-altering. Recognizing neglect can be difficult, especially when some elderly individuals are unable to express their distress. Here are some common signs to look out for:

  • Physical Signs: Bedsores, unexplained injuries, poor hygiene, or malnutrition.
  • Emotional Signs: Depression, withdrawal from social activities, or sudden changes in behavior.
  • Financial Signs: Unpaid bills, missing personal belongings, or sudden changes in financial accounts.
  • Environmental Signs: Unsanitary living conditions, clutter, or lack of basic necessities.

Elder neglect is a serious issue that can have long-lasting consequences on the health and well-being of vulnerable individuals. Understanding the signs and types of neglect can help you take action before the situation worsens. If you suspect elder neglect, don’t hesitate to seek legal assistance to protect their rights and well-being.

West Virginia Laws Protecting the Elderly

Elder neglect is a violation of both state and federal laws, and West Virginia has implemented legislation to safeguard the rights and well-being of elderly residents. These laws provide a framework for addressing neglect and ensuring accountability for caregivers and institutions.

  • West Virginia Adult Protective Services Act: This Act mandates the protection of vulnerable adults from abuse, neglect, and exploitation. It requires individuals and institutions to report suspected elder neglect and abuse, allowing the state to investigate claims and intervene when necessary.
  • Federal Nursing Home Reform Act: This federal law provides critical protections for residents of nursing homes, setting standards for care, safety, and resident rights. Facilities that receive federal funding must comply with these regulations.

These laws are vital in protecting elderly individuals from harm and ensuring they receive proper care. By holding caregivers and facilities accountable, these protections help prevent neglect and ensure justice for victims. If you believe a loved one’s rights have been violated, consult an elder neglect lawyer with a deep understanding of West Virginia law to explore your legal options.

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Steps To Take If You Suspect Elder Neglect

If you suspect your loved one is being neglected, it’s important to act quickly to protect their well-being. Here are the steps you should follow:

  1. Seek Medical Care: Ensure that your loved one receives proper medical attention for any injuries or health issues.
  2. Document Evidence: Take pictures of physical injuries, living conditions, or any evidence that suggests neglect.
  3. Report the Neglect: File a formal complaint with Adult Protective Services or the appropriate regulatory body.
  4. Consult With an Elder Neglect Lawyer: An experienced West Virginia elder neglect attorney can guide you through the legal process and help you gather the necessary evidence.

How To Report Elder Neglect in West Virginia

To report elder neglect in West Virginia, contact the West Virginia Adult Protective Services by calling 1-800-352-6513. You can also report concerns directly to the facility or nursing home administrator or consult with an attorney for assistance in filing a report.

Compensation Available in West Virginia Elder Neglect Cases

Victims of elder neglect in West Virginia may be entitled to various types of compensation depending on the harm they’ve suffered. These damages are generally categorized into 3 types: economic, non-economic, and punitive damages. Each type of compensation serves to address different aspects of the harm and suffering endured by the elderly individual.

Economic damages are intended to cover the measurable financial losses directly related to the neglect. These may include:

  • Medical Expenses: Compensation for the costs of medical care, including hospital stays, surgeries, medications, rehabilitation, and any necessary ongoing care related to the injuries or health conditions caused by neglect.
  • Cost of Relocation: If the victim needs to be moved to a new facility or different living arrangement due to the neglect, the costs of relocation may be covered.
  • Lost Wages or Financial Support: In some cases, if the elderly victim was contributing financially to their family, compensation may be provided for the lost income or support.

Non-economic damages compensate victims for the intangible, often emotional, suffering that results from neglect. These can be more subjective but are equally important:

  • Pain and Suffering: Compensation for the physical pain and emotional trauma endured by the elderly person due to neglect.
  • Emotional Distress: Damages for the psychological harm caused by emotional neglect, depression, or anxiety as a result of being mistreated or isolated.
  • Loss of Enjoyment of Life: If the neglect has caused a significant decline in the elderly individual’s quality of life, they may be entitled to compensation for the loss of enjoyment in daily activities.

Punitive damages are awarded in cases where the neglect was particularly egregious or involved willful misconduct. These damages are not intended to compensate the victim directly but to punish the responsible party and deter similar behavior in the future.

These damages can help restore some measure of justice for elderly victims of neglect. By holding caregivers and institutions accountable, families can ensure that their loved ones are protected and receive the care they deserve. If you suspect your loved one has been a victim of elder neglect, an elder neglect lawyer in West Virginia can help you pursue the compensation your family may be entitled to.

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Our West Virginia Elder Neglect Attorneys

Charleston Personal Injury Lawyer Jeff David Stewart

Attorney Jeff David Stewart

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A photo of Allison Santer standing in her office

Attorney Allison R. Santer

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Katherine H. Arritt

Attorney Katherine H. Arritt

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Personal Injury Lawyer Andrew Paternostro

Attorney Andrew L. Paternostro

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How a West Virginia Elder Neglect Attorney Can Fight For Your Loved One

At Stewart Bell, PLLC, our West Virginia elder neglect attorneys are committed to holding negligent caregivers and institutions accountable. We understand the emotional toll elder neglect takes on families, and we are dedicated to fighting for justice on behalf of your loved one. Here’s how we can help:

  • Conducting Thorough Investigations: Our legal team will thoroughly investigate your case, gathering key evidence such as medical records, witness statements, and facility reports. We also work closely with medical experts to determine the full extent of the neglect and its impact on your loved one’s health.
  • Filing a Strong Lawsuit: Navigating the legal process can be overwhelming, but our attorneys are here to guide you every step of the way. We’ll prepare and file the necessary legal documents, ensuring your case is built on a solid foundation of evidence and in compliance with West Virginia’s legal standards.
  • Negotiating Fair Settlements: In many cases, elder neglect claims are resolved through settlements outside of court. We’ll negotiate with the responsible parties and their insurers on your behalf to help secure fair compensation for the harm your loved one has suffered. Our goal is to obtain a settlement that covers all your family’s economic and non-economic damages.
  • Taking the Case to Trial: If a fair settlement cannot be reached, our attorneys are prepared to take your case to trial. With years of experience litigating complex personal injury cases in West Virginia, we’ll present a compelling case to the court, fighting for the justice your loved one deserves.

We believe every elderly person deserves to live with dignity and respect. Our West Virginia elder neglect lawyers will work tirelessly to hold negligent caregivers accountable and help ensure your family receives the compensation needed for recovery. At Stewart Bell, PLLC, we operate on a contingency fee basis, meaning you won’t pay any legal fees unless we secure a successful outcome for your case. This allows you to focus on your loved one’s well-being while we handle the legal complexities on your behalf.

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Elder Neglect FAQs

In West Virginia, the statute of limitations for filing an elder neglect lawsuit against a nursing home facility is 1 year from the date of injury due to neglect. It’s important to consult with an attorney as soon as possible to ensure you file in time.

In West Virginia, the victim of elder neglect or their legal representative can file a lawsuit. If the elderly person is unable to represent themselves, a family member, legal guardian, or estate executor may file on their behalf. In cases where the elderly victim has passed away as a result of neglect, immediate family members may pursue a wrongful death claim.

Those who can be held liable for elder neglect include caregivers, nursing home staff, assisted living facilities, and sometimes even the management of these care facilities. Liability can extend to individual employees, such as nurses or aides, as well as the facility itself if the neglect is due to poor training, understaffing, or lack of proper oversight. In some cases, third-party contractors responsible for services like medical care or maintenance may also be held accountable.

Yes. Under both federal and West Virginia laws, you can file a lawsuit against a nursing home if they fail to provide the appropriate standard of care and your loved one suffers as a result.

Evidence such as medical records, photographs of injuries or living conditions, witness statements, and expert testimony are commonly used to prove elder neglect. An attorney can help you build a strong case by collecting and presenting this evidence, demonstrating the caregiver’s failure to meet the necessary standard of care.

At Stewart Bell, PLLC, we handle elder neglect cases on a contingency fee basis, which means you won’t pay any upfront costs or legal fees unless we win your case. Our fee is a percentage of the compensation we recover for you, allowing you to pursue justice without worrying about the financial burden. This arrangement ensures you can focus on your loved one’s recovery while we fight for the compensation you may deserve.

Consult With a West Virginia Elder Neglect Lawyer Today

If you suspect that your loved one has been a victim of elder neglect, it’s important to take immediate action to protect their rights and well-being. At Stewart Bell, PLLC, our dedicated attorneys are here to help you navigate the legal process, gather evidence, and hold negligent caregivers accountable. We understand how devastating elder neglect can be, and we are committed to securing the justice your family deserves. Contact us today for a free consultation to discuss your case with a qualified West Virginia elder neglect lawyer and learn how we can help you and your loved one.

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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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