Dallas Nursing Home Abuse Lawyer

Has a loved one suffered an injury due to nursing home abuse in Texas? If so, you may be entitled to compensation for their pain and suffering. At Benton Accident & Injury Lawyers, our Dallas nursing home abuse lawyer can help, call us today at (214) 556-8321.

We understand that the path forward can feel daunting, but you don’t have to face it alone. Our experienced and compassionate legal team will be with you every step of the way, providing the support and guidance you need to seek justice.

If you suspect nursing home abuse, contact our Dallas nursing home abuse lawyers today for a free, no-obligation case assessment. We’re here to advocate for you and your loved one and help you get the compensation you deserve.

How Benton Accident & Injury Lawyers Can Help With Your Dallas Nursing Home Abuse Case

How Benton Accident & Injury Lawyers Can Help With Your Dallas Nursing Home Abuse Case

If you suspect that your loved one is the victim of nursing home abuse, you have options to choose from when it comes to hiring a Dallas personal injury attorney. Here are a few reasons why you should feel confident about a decision to work with Benton Accident & Injury Lawyers:

  • Experience: Jeff Benton, our founding attorney, has nearly 20 years of experience.
  • Reputation: We’ve received a Superb rating on Avvo (the highest possible rating an attorney can receive), and in 2013, the Dallas Trial Lawyers Association honored Jeff with the John Howie Award for his courageous pursuit of justice in the face of adversity. 
  • Results: Jeff Benton is a member of the Multi-Million Dollar Advocates Forum, a highly selective group of attorneys in the U.S. who have won multi-million dollar verdicts and settlements for their clients. 

We provide the following services to ensure that our clients receive fair compensation for their injuries; we will: 

  • Investigate the circumstances of the suspected abuse
  • Gather evidence (e.g., witness statements, medical records)
  • Handle negotiations with insurance companies and other involved parties
  • Represent you in court if a settlement cannot be reached

Depending on the nature and extent of the abuse, our strategy may also include consultations with appropriate experts to help us build the strongest case possible for you. Reach out today to learn more about your legal options. 

How Common is Nursing Home Abuse in Texas?

According to the National Center on Elder Abuse, approximately one in 10 nursing home residents have experienced some form of abuse in the past year. While nursing home abuse is, unfortunately, a national problem, it is particularly prevalent in Texas. 

According to the Nursing Home Report Card issued by Families for Better Care (a national nursing home residency advocacy group), Texas has ranked last among the states three times in a row. Last issued in 2019, the report card gave Texas “[f]ailing scores in staffing levels, inspection ratings, and ombudsman complaints.”

A 2020 investigation by the Texas Observer and Type Investigation revealed that Texas is one of the most dangerous states for nursing home residents. According to a published report, “[s]ince 2015, more than 1,800 dangerous incidents, categorized as “serious deficiencies,” have been reported to federal regulators from Texas—more than in any other state.

How is Nursing Home Abuse Defined in Texas?

Both federal law and Texas law require nursing homes to provide their residents with care that meets their physical, mental, and psychosocial needs. Under Texas law, nursing home abuse is defined as “negligent or willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical or emotional harm or pain to a resident[.]” Abuse may be physical, emotional, and/or sexual. 

Neglect is a form of abuse. It occurs when the nursing home’s failure to provide adequate care results in physical or emotional harm to the resident. Neglect can stem from medication errors, inadequate staff training, and other failures on the part of the nursing home to fulfill its obligations to its residents. Another type of nursing home abuse is exploitation. It involves the illegal use of a resident’s resources for profit or personal gain. 

Each type of abuse may give rise to a personal injury claim. 

What are the Signs of Nursing Home Abuse?

Because advanced age can impact physical and mental health, it can be hard sometimes to detect nursing home abuse. Nursing home abuse, however, may be present if you observe the following signs and symptoms:

  • Physical abuse: Unexplained injuries, broken bones, malnutrition, and bed sores can be signs of physical abuse.
  • Emotional abuse: Withdrawal, self-isolation, and unexplained changes in appearance, weight, or health can be signs of emotional abuse.
  • Sexual abuse: Bruises, sexually transmitted diseases, and bleeding can be signs of sexual abuse.
  • Exploitation: An inability to pay bills, sudden changes in financial condition, and missing items can be signs of exploitation.

If you notice any of these warning signs, it’s important to take action immediately, as early intervention can help protect your loved one and ensure they receive the care and justice they deserve.

What is My Dallas Nursing Home Abuse Claim Worth?

The amount of money that you may recover will depend on a number of factors. Many of these factors relate to the injuries sustained in connection with the abuse, for example, how severe the injuries are and the expected length of recovery.

Another key factor that will impact your compensation is whether or not there is evidence establishing fault. Multiple parties can be held liable for the severe injuries caused to residents in nursing home abuse cases. Responsible parties may include the owner of the nursing home, a specific nurse or caretaker, and/or a third-party hiring agency. 

Making things more complex is the fact that you may not know the true “cost” of the abuse right away. For example, treatment of an injury may require multiple visits to one or more doctors, as well as medication and therapy. Getting the right mental health treatment for trauma related to the abuse may take time.

When you work with Benton Accident & Injury Lawyers to fight nursing home abuse in Dallas, TX, you can rest assured that we will gather all of the information necessary so that we can make an informed assessment of your claim. Our goal is to ensure that you and your loved ones receive fair compensation for the injuries they have sustained.

What Kinds of Damages Are Available to Dallas Nursing Home Victims?

Damages are the losses incurred as a result of injuries stemming from nursing home abuse. Because there are so many factors that go into determining the value of a personal injury claim, the calculation of damages is often complex. You may be entitled to both economic and non-economic damages. 

Economic damages in nursing home cases may include medical bills in connection with injuries suffered by the resident and future medical expenses, as well as additional costs related to future care (e.g., transfer to a different nursing home). Meanwhile, non-economic damages compensate for intangible losses, such as pain and suffering and emotional distress (which may result from physical injury).

In rare cases, if the party at fault was engaging in extremely negligent or reckless behavior, you may also be entitled to punitive damages. 

We’ll use our extensive knowledge and expertise to build your case, considering all the ways the nursing home abuse has impacted you and your loved one. 

How Much Does It Cost to Hire a Nursing Home Abuse Lawyer in Dallas, TX?

Many people hesitate to contact a lawyer because they don’t think they can afford one. If you suspect nursing home abuse, you have enough to worry about. When you hire Benton Accident & Injury Lawyers, hourly fees are not something you have to think about. 

Instead, we work on a contingency fee basis. You will not need to pay us any money upfront. We’ll get to work on your behalf and will receive a percentage of the compensation you recover if–and only if–we settle or win the lawsuit on your behalf.

How Long Do I Have to File a Nursing Home Abuse Lawsuit in Texas?

Under Texas law, as a general rule, you have two years from the date that the abuse occurred or was discovered to file a personal injury lawsuit. In some cases, you may have more or less time, but the bottom line is that it’s best not to wait too long. Let Benton Accident & Injury Lawyers get to work as soon as possible so that we can build the strongest possible case for you. 

Contact Our Dallas Nursing Home Abuse Lawyers For a Free Consultation

It’s not always easy to know what to do if you suspect your loved one is the victim of nursing home abuse in Texas. But you don’t have to go through this challenging time on your own. Benton Accident & Injury Lawyers can evaluate your situation and help you figure out the next steps. 

Contact our Dallas nursing home abuse lawyers today for a free, no-obligation consultation to learn more about your options.

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Visit Our Personal Injury Law Office in Dallas, TX

Benton Accident & Injury Lawyers
1825 Market Center Blvd #350
Dallas, TX 75207
(214) 556-8321
Open 24/7

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