Atlanta Abuse and Neglect Lawyer

When you and your family decide for your elderly loved one to live in a nursing home or for your child to go to daycare, you expect them to be well taken care of.

Continue Reading

Your story begins with a free, no-risk consultation. Call (404) 419-6674 today, or fill out the online form below.

Intro script graphic

When you and your family decide for your elderly loved one to live in a nursing home or for your child to go to daycare, you expect them to be well taken care of. You believe the facility’s staff will treat your family member with respect and kindness, and most of all, provide a safe environment. The last thing you expect is to notice signs of neglect or abuse. Unfortunately, institutional neglect and abuse occurs in every state. Children, individuals with disabilities, and seniors are often neglected, abused, and taken advantage of by those charged with their care. If you believe your loved one has suffered because of inadequate care or violence, contact an Atlanta abuse and neglect lawyer from Allen & Scofield Injury Lawyers, LLC.

Our Atlanta personal injury lawyers have over 33 years of experience helping individuals who have been seriously injured and representing the families of those who are wrongly killed. We are here to thoroughly review your case, gather evidence on your behalf, and explain how we can secure compensation for you. We work on a contingency fee basis, so we do not get paid unless we recover damages on your behalf.

To discuss how we can help you and your loved one, submit your information through our online form or call (404) 419-6674. We offer free, no-risk consultations.

Where Abuse and Neglect May Take Place

Unfortunately, vulnerable populations are at risk for neglect and abuse in many places, including:

If your child, relative with a disability, or elderly loved one suffered physical, psychological, or financial harm due to abuse or neglect, call us immediately. We have been helping injured individuals and their families for several decades, including in various daycare and nursing home abuse situations.

What Is Neglect?

Neglect occurs when a caretaker fails to uphold the duty of care they are required to provide.

Caretakers, whether individuals or facilities, have certain legal duties towards those in their care, which may include children, elderly adults, or individuals with severe physical or cognitive disabilities. These legal duties are commonly known as the standard of care the person or facility is required to provide. The standard of care may differ depending on the type of caretaker and those in their charge. For instance, the standard of care for a daycare center looking after infants and toddlers may not be the same as the standard of care for nursing homes with elderly residents. If you are unsure of the standard of care that an individual or facility owes your loved one, and whether that duty has or has not been violated, contact an Atlanta abuse and neglect lawyer.

Neglect may also be intentional. An individual caretaker or multiple people at a facility may knowingly and willfully choose not to provide the services they are legally required to provide. However, neglect can be entirely unintentional, caused by carelessness. Neglect is often the result of understaffed facilities, poor hiring decisions, and businesses not providing adequate training. This causes minors, seniors, and disabled individuals not to receive the care they are entitled to receive, which may result in physical and psychological harm.

If you believe your loved one has suffered from neglect by a caretaker, call Allen & Scofield Injury Lawyers, LLC right away. We will review your loved one’s situation and the duty of care they are owed. We will also investigate the situation to determine if your loved one has suffered from neglect, and if so, whether they have a claim for compensation.

Learn More About Allen & Scofield Injury Lawyers, LLC

About the firm script graphic About the Firm

How Is Abuse Different From Neglect?

While neglect may be unintentional and arise from careless conduct, the same cannot be said for abuse. Abuse is intentional and willful misconduct. Your loved one may suffer harm due to:

  • Physical Abuse
    This encompasses any harmful physical contact between a caretaker and your loved one. It may include hitting, slapping, pushing, kicking, choking, and spitting. It can also include the inappropriate use of physical and pharmaceutical restraints. At Allen & Scofield Injury Lawyers, LLC, we have handled many daycare abuse cases. If you believe your child is being harmed, call us right away.
  • Sexual Abuse
    Any sexual action perpetrated by an adult towards a child is unlawful. Any sexual action perpetrated by an individual toward someone who is unable to consent due to a disability is unlawful. Also, any sexual conduct performed on an elderly person who is unable to consent or who does not consent is illegal. Sexual abuse encompasses non-consensual vaginal intercourse, oral sex, anal sex, penetration with an object, and the touching of intimate parts. If you notice any signs that your loved one has been sexually abused, contact us immediately. We are highly experienced and passionate about seeking justice in nursing home abuse cases.
  • Psychological & Emotional Abuse
    Not all abuse is physical. Caretakers can cause your loved one significant harm through manipulations, threats, name-calling, insults, and harassment. Emotional and psychological abuse often causes children or elderly adults to feel isolated, depressed, and anxious. It significantly reduces their quality of life, and for young children, can lead to trauma that impacts them the rest of their lives. If you hear about any verbal abuse, your relative tells you about it, or you notice other signs, talk with an Atlanta abuse and neglect lawyer immediately.
  • Financial Abuse
    Another form of abuse that is rampant among the elderly is financial abuse. People in a position of trust and power with your elderly loved one may use lies, misrepresentations, and manipulations to gain money and property from your relative. Caretakers have been known to make up fees, steal, and use undue influence to get a senior to sign over property or to have the senior make them a beneficiary of the senior’s will. If you notice that your loved one’s finances are deteriorating or that a facility’s billing seems off, call us right away.

Filing Civil Claims for Criminal Actions

Neglect and abuse may lead to criminal charges. For example, under Georgia law, elder neglect can be a felony charge. Abuse against anyone may be charged as a crime based on the specific acts, such as assault, strangulation, or rape. Whether or not criminal charges are brought against the perpetrator of neglect or abuse is based on the prosecutor’s discretion.

In addition to criminal charges that may arise from neglect or abuse, the injured individual may have a civil legal claim against the perpetrators of the unlawful conduct. Your loved one may also have a civil claim for compensation without an action being a federal or state crime.

If your loved one was physically, psychologically, or financially injured due to another person’s carelessness, recklessness, failure to act, or intentional misconduct, then they may bring a personal injury claim for compensation, including for:

  • Lost wages and diminished earning capacity
  • Past, present, and future medical costs
  • Pain and suffering
  • Permanent disability or disfigurement
  • Property damage

To learn more about how you can pursue a civil claim arising from criminal misconduct, contact the Atlanta abuse and neglect lawyers of Allen & Scofield Injury Lawyers, LLC. Filing a claim based on neglect and abuse can be difficult. You need more than a feeling or gut instinct regarding what has happened. There must be evidence that another person’s negligence or intentional misconduct caused your loved one an injury. We are here to investigate the situation and gather evidence on your behalf.

★★★★★
"Charles is an excellent trial attorney who possesses a unique talent to hone in on the significant issues and turn the Defendant’s strengths against them. Charles is as honest as the day is long and works tirelessly to ensure that his clients receive all that is possible. While no lawyer is perfect, Charles strives to be as good a lawyer as there is on this planet, and he succeeds!"
Read more testimonials

Fatal Abuse and Neglect

If you believe your loved one passed away as the result of neglect or abuse, speak with an attorney as soon as possible. We will investigate your claims, and if we find evidence that a caretaker’s harmful conduct led to your relative’s death, we will discuss Georgia law surrounding wrongful death claims and how to secure compensation through a wrongful death suit, including:

  • Loss of companionship
  • Mental anguish
  • Loss of guidance and nurturing
  • Funeral and burial expenses
  • Loss of benefits

While your injured loved one may file a personal injury suit and seek compensation for their injuries, a wrongful death suit looks at your and your other family member’s injuries. The financial recovery you seek will be for your own emotional and financial damages – not for the harm your loved one suffered while they were alive.

Contact an Atlanta Abuse and Neglect Lawyer Today

We understand that after an incident or on-going case of neglect or abuse, you, your loved one, and your family may be in a great deal of pain. Your loved one may be physically injured, requiring medical care and weeks or months of recovery. You and your relatives may be distraught over what happened or grieving for your loss. During such times of pain, it can be difficult to make legal decisions. We are here to help. We will thoroughly explain your legal rights and options. Once you have all the facts, you can make the right call for yourself and your family. If you wish to take legal action against the negligent or abusive party, we will represent you and fight hard for the best possible outcome.

Our team at Allen & Scofield Injury Lawyers, LLC represents individuals and families throughout Fulton County, DeKalb County, Clayton County, Cobb County, Gwinnett County, and Georgia.

Call us today at (404) 419-6674 or use our online form to request a free initial consultation.