Foley Alabama Attorneys
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Elderly people may be frail, vulnerable, and suffering from dementia, so it is no wonder that they may not be able to defend themselves or articulate when something bad happens to them. Unfortunately, this makes them extremely susceptible to becoming victims of elder abuse. Elder abuse occurs when someone intentionally harms, neglects, withholds essential care, or exploits an elderly person, and it can occur in a nursing home or facility or at home. Victims can be severely injured, and some injuries may lead to death.

If your elderly loved one has suffered harm due to elder abuse, neglect, or negligence, you may be entitled to seek compensation and justice by taking legal action against an individual or a facility that is responsible for the damage.  However, Alabama injury laws are complicated, elder abuse can be difficult to prove, and your case must be handled properly to ensure the abuse is stopped, the perpetrators are punished, and you and your loved one get the settlement you deserve. This is difficult to accomplish on your own.

The experienced Mobile, Alabama, elder abuse attorneys at Caldwell Wenzel & Asthana Injury Lawyers know the laws, the courts, and the system, and are fully prepared to handle all legal hurdles involved in your fight for justice and fair compensation for your loved one.

We offer a free consultation to discuss your case and determine the best way to help, so call us today to help your loved one and prevent additional abuse from happening.

Why Choose Our Elder Abuse Lawyers in Mobile

Choosing the right attorney can make a big difference in the outcome of an elder abuse case. It is important to find someone you feel comfortable with who also has the experience, skills, and resources to handle complicated elder abuse cases.  Here are some reasons why we feel you should choose Caldwell Wenzel & Asthana Injury Lawyers:

  • Our seasoned attorneys have the necessary experience. Attorneys C. Randall Caldwell, Jr., Drew Wenzel and Dee Asthana have more than 25 years of combined legal experience and are seasoned trial veterans with a long record of success.
  • We have great results, such as our $8,000,000 medical malpractice settlement, and we come highly recommended by many satisfied clients.
  • We know how to negotiate with insurance companies to settle most cases out of court, but we are also successful litigators fully prepared to take your case to trial.
  • Our team is well-known for our aggressive approach inside and outside the courtroom and consequently receive referrals from other firms.
  • We offer free, no-obligation consultations, and there are no fees to you unless and until we win your case.

How Our Elder Abuse Lawyers in Mobile Work to Help You

Elder abuse cases are sensitive and complex, and it is important to act quickly to stop the abuse from continuing and prevent other elderly people from being harmed. When you retain our firm, we start working for you immediately and will:

  • Meet with you to hear how the abuse occurred and determine who the at-fault parties may be
  • Ensure that your loved one is removed from the abusive situation and gets proper medical treatment and that all injuries are documented
  • Investigate to gather and preserve evidence, such as from photos and videos of the injuries; ambulance, police and medical records and reports; and interviews with witnesses, facility staff and other residents.
  • Hire experts to testify as to fault, damages, and the costs resulting from the abuse
  • Handle all communications and negotiations with insurance companies and opposition attorneys to come up with an agreement for a fair settlement
  • Build your case and take it to court if necessary.

What Is Considered Elder Abuse?

Elder abuse can be intentional abuse, or it can come from withholding essential care to a resident of a facility or a person in need. Abuse can take many forms, including:

  • Physical Abuse – assault, hitting, pushing an individual
  • Sexual Abuse– unwelcome touching, sexual battery, or rape
  • Psychological Abuse – making belittling and demeaning remarks to an elderly person
  • Financial abuse – illegally taking money or property from the elderly, or getting them to change their will.

Why You Should File an Elder Abuse Lawsuit in Alabama

Too many abuse and neglect situations of the elderly go unreported. Elder and nursing home abuse lawsuits are one of the only ways to fight back against the cruel and harmful treatment. Filing a nursing home abuse lawsuit helps by:

  • Protecting the victim
  • Stopping the abusive practices and situations
  • Providing compensation for victims and their family for damages received.

In a successful lawsuit, our elder abuse attorneys can win compensation for both economic and non-economic damages – the costs and losses resulting from the abuse. This may include:

  • Economic damages for your monetary losses such as increased medical and care costs, lost income to family members from time spent out of work to care for a loved one, or funeral expenses in case of death.
  • Non-economic damages are for non-monetary losses, such as physical and emotional pain and suffering.

In addition, in some extreme situations where the abuse was intentional, punitive damages may be awarded. There also may be criminal prosecution involved under Alabama law, which states “a person commits the crime of elder abuse and neglect in the first degree if he/she intentionally abuses or neglects any elderly person and the abuse or neglect causes serious physical injury to the elderly person.”

Attorney for Elder Abuse in Mobile, AL, Answers FAQs

When you suspect a loved one is being abused or neglected, you are bound to be upset and have questions and concerns. We can address most of these at your initial consultation, but to get started, here are some answers to questions our attorneys are most frequently asked:

What are some signs of elder abuse or neglect? 

Physical signs you should look out for include bruises, wounds, cigarette burns, signs of the person being physically restrained, such as lacerations around wrists.  There may be torn or bloody undergarments or unexpected personality changes and increased withdrawal or fearfulness if there is sexual abuse. Signs of neglect may be lack of physical grooming and cleanliness, bedsores, malnutrition and dehydration.

What can happen when the elderly are neglected?

When the elderly are neglected and deprived of adequate care, it can lead to:

  • Failure to diagnosis and treat serious conditions
  • Harm from medication errors, if medication is not given on time or the wrong medication or dose is given
  • Bedsores from not being repositioned or cleaned properly
  • Falling injuries from improper or lack of handling.

How would I know if there is financial abuse?

It could be financial abuse if you discover there are missing items and jewelry, unexplained withdrawals from bank accounts or financial changes such as changing Power of Attorney or wills, or paying excessive fees for care. Be aware that family members as well as caregivers can take financial advantage of the elderly.

What if my loved one died from elder abuse or neglect?

If a loved one died from elder abuse or neglect, our wrongful death attorney can pursue punitive damages against the liable party through a wrongful death lawsuit that seeks to punish the responsible party through a punitive damage award. This is paid directly to the heirs of the deceased person, and not made part of the estate, so direct family members are most likely to receive the money.

Are there time limits for filing a case?

Yes, according to Ala. Code § 6-2-38, there is a statute of limitations, a deadline for filing personal injury cases, that is generally two years from the date the injury occurred. If you fail to file on time the courts are likely to dismiss your case.

Our Mobile attorneys understand how difficult elder abuse is to deal with and will be there for you throughout the entire legal process to answer questions and concerns as they arise.

Get Help from Our Elder Abuse Attorneys in Mobile

The Mobile elder abuse attorneys at Caldwell Wenzel & Asthana Injury Lawyers have the skill, experience, and commitment to fight for the rights of the elderly and pursue maximum compensation. We are compassionate and understanding and at the same time provide aggressive, results-oriented legal representation which serves our clients well. Other attorneys and insurance companies know that when we are handling a case, we will be prepared to take it all the way to trial.

Put our compassionate elder abuse lawyers to work on your case now, while evidence is fresh and witnesses can be found. We work on a contingency-fee-basis, so we collect no fees unless and until we win your case.

Mobile, AL, Elder Abuse Lawyer

Call (251) 444-7000 today to schedule a free, no-obligation case consultation.