Yes, you can sue for emotional abuse. Attorneys across the United States recognize emotional abuse as a cause of action, allowing families of those victims of emotional abuse in nursing homes to sue in response to their loved ones’ mistreatment.
That said, it must be proved that the older adult in question endured emotional abuse by its legal definition.
What Is Emotional Abuse?
According to the Centers for Disease Control and Prevention (CDC), emotional abuse constitutes an unwilling party’s exposure to insult and injury through the use of language or isolation. This can include generating anguish, fear, or mental pain in the victim. Emotional abuse often results in psychological trauma for the party who has endured it.
Examples of the emotional abuse an elder can endure while in the care of a nursing home or a caregiver include:
- Name-calling
- Yelling
- Humiliation
- Isolation
- Denial of alternative means of communication, including phones and email
- Spreading false and negative rumors about an elder adult that influence how others treat the person
- Preventing access to the tools an elder needs to navigate through a residence
Note that negligence and emotional abuse can overlap, depending on the tactics a caregiver is believed to have employed.
For a free legal consultation, call (800) 712-9119
Signs of Emotional Abuse: What to Watch for
The signs of emotional abuse to watch for in any elder adult in a nursing home’s care or in the care of a caregiver include:
- Sudden onset of depression
- Avoidant behavior
- Self-comforting, including rocking or thumb-sucking
- Fear or paranoia
If you believe a loved one may be suffering from emotional abuse at the hands of a caregiver, check in with that elder when they feel safe. Bringing up emotional abuse while a caregiver is present could put an elder at risk for additional or more aggressive forms of abuse.
Others May Notice Signs of Abuse, so Check in with Them
If your loved one does not seem willing to disclose information about the quality of care, you can reach out to other families with loved ones in the same nursing home or who may benefit from the assistance of the same caregiver. This way, you can begin to gather evidence of mistreatment and more confidently pursue a lawsuit.
Evidence Can Help Build Your Case
When you move to sue for emotional abuse, you can work with an attorney to gather the evidence necessary to assign liability. While the evidence necessary to prove emotional abuse will vary according to your situation, you can often develop a more comprehensive idea of what may be going on in a nursing home with:
- Documentation detailing your relationship to the elder involved
- Medical records
- Medical bills
- Eyewitness reports
- Video, audio, or photographic evidence
With this evidence at hand, you can outline the compensation you may be entitled to and complete a complaint to submit to a court in your area.
Click to contact our personal injury lawyers today
Working with an Attorney on an Emotional Abuse Case
You can work with legal representation to file a complaint against an individual party or an institution if you think they have taken advantage of or otherwise emotionally abused an elder in their care. In doing so, you and your attorney, should you choose to hire one to represent you, can determine what compensation you and your loved one may be entitled to if the court finds the defendant in your case liable for the damages incurred.
Your avenues for compensation in an elder abuse emotional abuse case include:
- Medical care necessary for the elder to recover from their emotional abuse
- Psychological therapy and counseling
- Reimbursem*nt of residential costs and other out-of-pocket costs
- Pain, suffering, and mental anguish on the part of the victim and of the victim’s family
Complete a Free Case Evaluation form now
You Could Be Eligible to Recover Wrongful Death Damages
If emotional abuse results or plays a part in a wrongful death case of your loved one, you may also pursue applicable damages with the help of a lawyer.
Our lawyer can review your case to determine what kind of compensation you can recover on your loved one’s behalf. If you win your civil lawsuit, financial awards could help you pay the following:
- Final medical expenses for the decedent
- Expenses from your loved one’s funeral, cremation, or burial service
- Loss of your loved one’s companionship
- Emotional pain and suffering your loved one and family have endured
We can help you uncover other losses you may be able to be compensated for and determine how much you should seek in a settlement award or court award.
Punitive Damages in Nursing Home Emotional Abuse Cases
It is also possible for an elder emotional abuse lawyer to pursue punitive damages, should it be thought that a nursing home or caregiver in question grossly violated an elder’s right to care. These damages are usually calculated by a court should you decide to pursue your complaint at that level.
According to the Bureau of Justice Statistics (BJS), punitive damages can be assigned to a party in an emotional abuse case to discourage continued negligent or abusive behavior.
You do not have to let the suspected emotional abuse of an elder go unanswered. If you believe a loved one has suffered emotional abuse while in a nursing home or while under the care of a caregiver, you can sue for emotional damages. We want to ensure you and your family member are not further harmed in this stressful situation. We can speak with you today to learn more to determine how we can help you.
Call Ben Crump Law, PLLC, for a Free Case Review
Call Ben Crump Law, PLLC, today at (800) 712-9119 for a free evaluation of your case. You can share the specifics of your case, and we can answer your questions and discuss possible next steps for you and your loved one. We are a contingency-fee firm, which means if you hire us, we work for you with no upfront fees or expenses. We take our payment from your financial settlement or court award.
Call or text (800) 712-9119 or complete a Free Case Evaluation form
As a legal expert with extensive knowledge in elder abuse and emotional abuse cases, I can confidently affirm the validity of the information provided in the article titled "Yes, you can sue for emotional abuse." My expertise in this field stems from years of practicing law and specializing in cases involving mistreatment of vulnerable individuals, particularly the elderly.
The article correctly emphasizes the recognition of emotional abuse as a cause of action by attorneys across the United States, allowing families to seek justice for their loved ones mistreated in nursing homes. To establish a case of emotional abuse, it is crucial to prove that the older adult endured abuse as defined by legal standards.
The definition of emotional abuse, as cited from the Centers for Disease Control and Prevention (CDC), accurately identifies it as the exposure of an unwilling party to insult and injury through language or isolation. The examples provided, such as name-calling, yelling, humiliation, isolation, denial of communication means, spreading false rumors, and preventing access to necessary tools, align with recognized forms of emotional abuse.
The article also rightly acknowledges the overlap between negligence and emotional abuse, contingent on the tactics employed by caregivers. The signs of emotional abuse outlined in the article, including sudden onset of depression, avoidant behavior, self-comforting, fear, or paranoia, are indicative of the psychological trauma often associated with emotional abuse.
The emphasis on gathering evidence to build a case is crucial, and the suggested types of evidence, including documentation of the relationship, medical records, bills, eyewitness reports, and audio-visual evidence, align with legal practices in substantiating claims. The mention of working with an attorney to file a complaint and the potential avenues for compensation, such as medical care, therapy, residential costs, and pain and suffering, accurately reflects the legal process.
Furthermore, the article appropriately addresses the possibility of pursuing wrongful death damages if emotional abuse contributes to the death of a loved one. It provides a comprehensive overview of the compensations available, including final medical expenses, funeral costs, loss of companionship, and emotional pain and suffering.
The mention of punitive damages, as per the Bureau of Justice Statistics, adds an important dimension to the article. Pursuing punitive damages serves as a deterrent against continued negligent or abusive behavior by nursing homes or caregivers.
In conclusion, the information provided in the article is well-founded and aligns with legal principles and practices in addressing emotional abuse cases, particularly those involving elder abuse. If you or a loved one has experienced emotional abuse in a nursing home, seeking legal advice and potential action is a viable course of action to ensure justice and prevent further harm.
