Wisconsin Elder Abuse Laws

We seek to protect our loved ones as they age, but unfortunately elderly people are all too often the victims of abuse. The elderly can find themselves on the receiving end of exploitation in many situations ranging from nursing home neglect to mistreatment by family members. The common theme in elder abuse is the expectation of trust between the older victim and the abuser. Elder abuse laws can sometimes be complicated and overwhelming to those who are seeking protection for their loved ones, and a skilled and compassionate lawyer can be of great help during this difficult time.

With offices in Plover and Marshfield, Studinski Law, LLC, has helped many families throughout Wisconsin address situations of elder abuse, including Wisconsin Rapids, Stevens Point, and Waupaca. If you believe that a loved one may be the victim of elder abuse, contact us to discuss your options for ending the abuse and possibly seeking damages. Call us today at (715) 343-2850.

Categories of Elder Abuse Law

There are many different types of abuse that can affect a person’s life, and at Studinski Law, LLC, we know that each case is unique regarding the cause and ramifications on the lives of those involved. Wisconsin law formally defines any abuse or neglect as elder abuse when the victim is over 60 years old. Furthermore, the Wisconsin Department of Health and Family Services has designated four categories of elder abuse:

• Physical and Emotional Abuse
  The elderly are often the victims of physical assault by trusted parties, but there are also many cases of emotional abuse through language or behavior with the intention to intimidate or humiliate. Physical abuse can also include medical treatment without consent, or unreasonable confinement or restraint. Elderly victims often do not know of resources to end this violence, and witnesses are advised to call the police immediately.
• Financial Exploitation
  This is when a trusted person obtains the victim’s property by deceit, force, or coercion. The elderly can sometimes end up selling property at less than market value, or conveying property or assets to another without informed consent. Among other things, this type of exploitation may involve forgery or identity theft.
• Neglect
  Elder neglect is the failure of a caregiver to secure or maintain adequate care, services, or supervision for someone. This can be shown by an act, omission, or course of conduct, but does not include when the elderly person consciously exercises their right to not seek care themselves.
• Self-Neglect
  This is when someone’s compromising illness or mental state does not properly allow for them to seek to obtain adequate care, food, shelter, or medical attention. Your attorney can help you gain guardianship over your elderly relative to arrange for proper care during this difficult situation.

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Signs of Elder Abuse

It can often be difficult to notice if your loved one is a victim of abuse, and many elderly people do not seek help for a variety of reasons such as fear of reprisal from the abuser. Not only do we understand the laws against elder abuse, but our lawyers take the time to assess your case and review all possible evidence of abuse. Signs that someone may be experiencing abuse from a caretaker include:

• Bedsores and Pressure Sores
• Malnutrition and Dehydration
• Changes in behavior
• Depression
• Bruises, lacerations, or broken bones
• Rapid weight loss or weight gain
• Unsanitary conditions
• Frequent illness
• Unexplained spending of money
• Excessive gifts given to caregiver

The person or organization abusing the victim often show signs that the abuse is occurring. One prominent signal is if the caregiver is not allowing the elderly person to speak freely in the presence of others. While often difficult to notice, it can be very telling if the caretaker has made any lifestyle or habitual changes. The nursing home abuse lawyers at Studinski Law, LLC, know how to review the evidence in your case whether the abuser is a nursing home, financial advisor, or even a relative.

Liability and Compensation

Proving liability in an elder abuse case can be complex for several reasons. Often the victims are unable or unwilling to show how they have been harmed, and the trusted party committing the abuse may have the means to put up a strong defense. Our law firm will use our years of experience to make the case for liability no matter how great the challenge. We can seek subpoenas for nursing home or financial records, take depositions of potential abusers or witnesses, and build your case to seek damages for your loved ones.

The Wisconsin statute of limitations requires that your action to recover damages be made within a certain period of time after the injury occurred, or from when it should have reasonably been discovered. These dates are often subject to debate, and therefore it is important to contact a lawyer as soon as you suspect that a loved one might be the victim of elder abuse. The amount of damages you and your family could expect to recover after a successful suit vary greatly based the type of action and its details.

Studinski Law, LLC, has helped our clients recover for:

• Medical Expenses
• Pain and Suffering
• Emotional Distress and Mental Anguish
• Disability
• Disfigurement
• Loss of Enjoyment of Life
• Loss of Companionship
• Punitive Damages

Contact an Elder Abuse Lawyer For Help

It can be completely overwhelming if you or a loved one are being subjected to abuse or exploitation by a person who is supposed to be in a position of trust. Elder abuse is far too common, but sometimes it is very difficult to detect. Elder abuse laws are in place to help you address this situation, and an experienced and caring lawyer can be of great service in getting you and your family all the help you deserve. Our lawyers have helped many Wisconsin families dealing with elder abuse through the years, and our success has allowed for them to recover compensation as they recover and move on with their lives.

If you would like to speak with an elder abuse lawyer, call us at Studinski Law, LLC, today at (715) 343-2850.