Las Vegas Nursing Home Injury Attorney
Nursing Home Abuse & Neglect Cases in Las Vegas
Choosing to place a parent or spouse in a nursing home is one of the most difficult decisions a family can make. You do so with the expectation that they will be treated with the dignity, care, and medical attention they deserve in their golden years. When that trust is shattered by negligence or intentional harm, the emotional and physical toll on the victim—and their family—is immeasurable.
At Burris & Thomas, LLC, we believe that our elders are among our community’s most vulnerable and cherished members. If you suspect your loved one is suffering from mistreatment, our Las Vegas nursing home abuse lawyer from our firm can help you take immediate action to protect them and hold the facility accountable.
For committed counsel from a highly experienced nursing home negligence attorney in Las Vegas, call our firm today at (702) 529-3101. Your consultation is free!
What is Nursing Home Abuse?
Nursing home abuse refers to any intentional act or failure to act that causes harm or distress to a resident in a long-term care facility. This can include physical harm, emotional suffering, financial exploitation, or neglect of basic needs.
In Las Vegas, nursing homes are legally required to provide a safe environment and adequate care. When they fail to meet these obligations, residents can suffer severe consequences such as infections, malnutrition, bedsores, or psychological trauma.
Abuse is not always obvious. Many victims are unable or afraid to speak up, which is why family members play a critical role in recognizing warning signs and seeking legal help.
Common Types of Nursing Home Abuse
Abuse in long-term care facilities manifests in several distinct ways. Understanding these categories can help families identify the signs before a situation becomes fatal.
Physical Abuse
This involves the use of physical force that results in bodily injury, pain, or impairment. Common examples include hitting, pushing, shaking, or the inappropriate use of physical or chemical restraints (sedatives) to manage "difficult" residents.
Emotional and Psychological Abuse
This is the infliction of anguish, pain, or distress through verbal or nonverbal acts. This includes verbal assaults, insults, threats, intimidation, humiliation, and harassment. Treating an elder like an infant or isolating them from their peers or family also falls under this category.
Sexual Abuse
Non-consensual sexual contact of any kind with an elderly person. This is particularly heinous as many victims may have cognitive impairments, such as dementia or Alzheimer’s, that prevent them from understanding the situation or reporting it.
Financial Exploitation
The illegal or improper use of an elder's funds, property, or assets. This might include forging signatures, stealing cash or jewelry, or coercing a resident into changing their will or power of attorney.
Neglect
Neglect is the failure to provide the necessities of life, such as food, water, hygiene, clothing, and medical care. Neglect is often the result of understaffing or poor training and can lead to severe health complications like malnutrition or sepsis.
Common Causes of Nursing Home Abuse
Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 702-529-3101 today!
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How much is my case worth?
There are many factors that go into evaluating the settlement value of a personal injury case. It is not a simple matter of applying a formula. Typically, everyone thinks that their case is “simple” and “clear-cut”. Everyone tends to think that the amount of money they are seeking is “fair and reasonable”. That is human nature. However, the reality is that, in the end, a personal injury case is worth what a jury says it is worth. The job of the victim’s personal injury lawyer is to come up with a settlement that reflects the risk of going to trial (odds of winning vs. odds of losing), together with the range of what value a jury might actually return on the case.
In deciding settlement values, we need to consider the following:
- Is fault clear, or contested?
- Are the injuries severe or mild?
- Is there an issue with insurance coverage?
- Is the client a good communicator?
- Is the defendant/wrongdoer likable or unlikable?
Normally, I am able to give a very general estimate range of settlement value and odds soon after taking on a case, with the understanding that these are just estimates and not guarantees. The longer the case goes on, the more definite I can be about the settlement value range.
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Do I have a personal injury case?
It is often times said by attorneys that in order for there to be a viable personal injury case, there must be “three legs on the stool.” These legs are: liability (or fault); damages (or injury); and collectability (insurance). If any one of the “legs” is missing, then there is not a viable case.
- Liability - A clear example of liability would be someone running through a red light. That person would be at fault. On the other hand, let us say that somebody is hit by a meteorite falling from the sky, and seriously hurt. In that case, although there is injury, there is no earthly entity at fault.
- Damages - An example of damages would be someone getting hit in the nose by an airbag, which breaks their nose. That person has an injury caused by the collision. On the other hand, what if that same person is almost hit by a car running a red light, but by the grace of God is able to avoid the collision? That person might say “I was almost killed, but I didn’t get a scratch.” In that case, the person was not injured and there is no case.
- Collectability - To give an example of collectability, imagine that a drunk driver runs through a red light, and the driver is Donald Trump. In that case, if Donald Trump hit and injured someone when he ran the red light, the victim will be able to collect upon any judgment that they receive. Imagine, on the other hand, that the drunk driver is someone who just got out of prison, and has no insurance and no property. Although that person will probably go to jail, there is no practical way to collect money from him, as he is a “scofflaw” living outside responsibilities of society.
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What Is the Nevada Statute of Limitations for Personal Injury Cases?
When it comes to filing a personal injury lawsuit, it's important to pay attention to the statute of limitations for the state you're filing in. A statute of limitations is the time limit that a state puts on how long after your accident you are allowed to file a personal injury lawsuit. Statutes vary from state to state.
Nev. Rev. Stat. § 11.190(4)(e) (2016) states that individuals wishing to file a personal injury lawsuit must do so within 2 years of the date of their accident. However, there are certain exceptions that can be made depending on your circumstances. For example, if you have been injured as a result of medical malpractice, you generally only have 1 year to file your lawsuit after the date of your injury (Nevada Revised Statutes section 41A.097).
Statute of limitations can be complex, and if you fail to file your lawsuit within the allotted amount of time your case will most likely be dismissed. Don't put your compensation on the line! Contact our experienced Las Vegas personal injury attorneys today to schedule a free consultation and determine what your next steps should be.
