Elder Abuse: File a Claim or Go to Mediation?

It’s easy to see why families of the elderly are quick to seek justice for their relatives once they realize they’ve been exposed to abuse by their caregivers. The abusers have betrayed the very definition of their trusted position.

There are some instances when going to mediation can be an excellent first step to take before resorting to a personal injury claim. If you and your family are unable to reach an agreement with the suspected abuser, you can always move forward with a claim.

Why Go to Mediation?

Going to mediation can sometimes be the best option for resolving elder abuse conflicts—particularly if a family member has been accused of the abuse.

In most cases, both sides are heavily affected by claims of elder abuse. One side usually feels guilty, like they should have done more to prevent the abuse in the first place. The other side feels angry that they’ve been accused of such egregious acts. Sometimes, family members will even accuse each other of elder abuse in the hope of gaining control of an elderly family member.

Mediation is useful because it allows both sides an equal opportunity to express themselves and their wishes. Usually, we are able to come to some sort of arrangement. This also saves the elderly individual from being put through a difficult litigation process when he or she should be under as little stress as possible.

Filing a Claim

You also have the option of filing a formal claim against the nursing home, caregiver, or family member accused of abusive behavior. You can do this by first reaching out to Adult Protective Services and then speaking with an elder abuse lawyer.

This way, you’ll be able to submit the evidence you’ve gathered and do your part to protect your loved one from further abuse or neglect.

If we are able to prove abuse, we may be able to seek compensation for the damage done to your elderly relative. The amount will depend largely on the type of abuse that occurred and how impactful it has been on the victim.

Financial abuse, for example, usually warrants the recovery of all stolen funds, while physical and emotional abuse would warrant damages for pain and suffering. The abusers should also cover any medical expenses stemming from this abuse. These losses could include therapy, hospital bills, and the costs of prescription medications.

Get in Touch with an Elder Abuse Lawyer

If you have reason to believe your elderly family member is being abused by his or her caregiver, your top priority must be safety. After you’ve ensured your loved one’s safety, going through mediation can be a good opportunity for all sides to be heard, but you also have the option of filing a claim for compensation.

For help delving into this complex process, get in touch with a qualified elder abuse lawyer at Mahoney & Mahoney, LLC. You can schedule a free, no-obligation case evaluation today by calling 815-656-4600 or completing the contact form below.