Alabama Elder Abuse Lawyers

One of the most difficult things any family will have to face is learning that their elder relative has fallen victim to elder abuse or neglect. As unsettling as it is to think about, thousands of elders are victims of abuse and/or neglect each year. This is something that can happen at home, in a nursing home, or another care facility.

If someone you love has been subjected to elder abuse or neglect in Alabama, you have the right to seek justice on their behalf. The experienced elder abuse attorneys at Weaver Tidmore, LLC have years of experience advocating for the rights of injury victims throughout the Birmingham area. Contact our office today for a free consultation.

What is Elder Abuse and Neglect in Alabama?

In most cases, an “elder” is considered someone over the age of 65. Alabama’s Elder Abuse and Prevention Act gives definitions for different types of abuse and neglect. In short, “abuse” is the intentional infliction of physical, emotional, or sexual harm. “Neglect” refers to the failure to provide adequate goods and services.

Most victims of elder abuse and neglect are “older elders,” women, and people with dementia. Elder abuse occurs across all races, cultures, and socio-economic groups. Data shows that family members and people in a position of trust are ones who most commonly commit elder abuse.

Physical and Emotional Elder Abuse and Neglect

Elder abuse can take many different forms, but all are emotionally damaging and not something you want to ignore. Some of the most common are:

Physical Elder Abuse

Physical elder abuse involves any use of physical force that likely results in pain, injury, or impairment. Common types of physical abuse include beating, hitting, pinching, shaking, slapping, burning, and kicking. Other examples are the excessive use of restraints or force-feeding elders.

Emotional Elder Abuse

Psychological or emotional abuse is generally defined as any act that causes distress, anguish, or emotional pain. Common types of emotional abuse include humiliation, insults, intimidation, harassment, threats, and verbal assaults. While most emotional abuse is verbal, it can also include isolating an elder and giving them the “silent treatment.”

Sexual Elder Abuse

Sexual abuse of an elder is characterized as any non-consensual sexual act. It is non-consensual if an elder cannot understand what is happening or is too confused to give consent. Common types of sexual abuse include forced nudity, unwanted touching, photographing, molestation, and rape.

Elder Neglect

Neglect typically refers to the failure of a caregiver to fulfill their duty to deliver an elder person’s care. Neglect can be active, meaning the caregiver intentionally withholds services or passive, meaning they have not delivered services due to a lack of resources or some other factor. Neglect can lead to serious physical and emotional issues with the elderly.

Financial Exploitation of an Elder

Financial exploitation is one of the most common forms of elder abuse, both outside and inside managed care facilities. Financial abuse involves the unauthorized use of an elder’s property or money, resulting in bad faith conduct or financial loss.

Financial elder abuse can take many forms depending on the situation and the individuals involved. Some typical examples include:

Emptying bank accounts
Applying for and using credit cards under the elder’s name
Loss of valuable personal belongings with the intent to sell
Forging an elderly person’s signature on personal checks
Changing ownership title on bank accounts, real estate, and other property
Changing the will of an elder
Creation of trust documents making the elder ineligible for certain benefits
Healthcare billing fraud
Telemarketer, internet, investment, and home repair fraud

Risk Factors and Warning Signs of Elder Abuse

According to the CDC, several factors might put someone more at risk of becoming a victim of elder abuse:

Caregiver’s experience of previous traumatic events, such as domestic violence;
Low level of social or formal support;
Access to low economic resources:
Elder in poor physical health or with functional impairment;
Poor or inadequate training of caregivers;
Caregiver’s current abuse of alcohol or drugs; and
A caregiver’s high emotional and financial dependence upon an elder.

How can you tell if an elder is being abused or neglected? Some of these signs might indicate a serious issue that warrants further investigation:

Pressure marks, bruises, scratches, burns, or broken bones could be a sign of physical abuse or neglect.
Unexplained depression or withdrawal from normal activities are common signs of emotional abuse and exploitation.
Poor hygiene, unexplained weight loss, and bedsores are signs of possible neglect.
STDs and bruising around the inner thighs and breasts are signs of sexual abuse.
Sudden changes in an elder’s financial situation are signs of exploitation.

How a Qualified Attorney Can Help Protect Your Rights

If you are concerned that a loved one is the victim of elder abuse, you must act immediately. If the situation is life-threatening, call 911. Otherwise, call the local police and Adult Protective Services.

If an elderly loved one has been victimized by a caregiver or some other party, you have the right to pursue a civil action for abuse, neglect, or exploitation. If the elder dies, you may be able to bring a wrongful death suit. Damages can include money to compensate for any property taken by financial exploitation as well as for the abuse and neglect.

But elder abuse cases are complex, and not something you want to handle on your own. A qualified elder abuse attorney can help you minimize losses if you suspect elder abuse and will aggressively protect your rights as you pursue justice against the perpetrators.

Speak With an Experienced Alabama Elder Abuse Attorney

The successful handling of elder abuse matters requires a strong understanding of both elder law and criminal matters. When you work with Weaver Tidmore, LLC, you will get the knowledgeable and experienced representation you need to get justice for the harm inflicted on your loved one.

We are passionate about what we do and will put our resources to work on your behalf. If another party has harmed your loved, we will help you pursue maximum compensation. Contact our office today at (205) 980-6065 to schedule a free consultation.

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