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LA Neglect/Abuse Disabled Person Injury Attorney

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When your family has a loved one with a disability or special needs, you may rely on organizations and care providers for assistance. Most professionals who work with disabled and special-needs people provide excellent care and support. Unfortunately, there are times when families uncover signs of abuse or neglect of their vulnerable loved ones.

For over 40 years, the Los Angeles special-needs abuse attorneys of Custodio & Dubey LLP have been helping families demand answers and justice in these difficult cases. We know that having a loved one who has suffered harm from abuse or neglect requires your family’s full attention. That is why we handle all the details of your legal claim from start to finish. We provide extensive support and are available to talk whenever you need us.

Contact our firm today for a free initial consultation to discuss how your family can pursue justice and compensation. When you choose our firm, you owe no legal fees unless and until we recover compensation for you.

What to Do If You Think Your Disabled Loved One Is Being Neglected or Abused

If you suspect neglect or abuse, take these steps to protect your loved one and preserve his or her rights to pursue financial compensation:

  • If you believe your loved one is facing an imminent threat of injury, contact local law enforcement authorities to help remove your loved one from a potentially harmful situation.
  • Notify the organization responsible for your loved one’s care about the suspected abuse or neglect. If the organization cannot or will not address your concerns, contact the appropriate state and local regulators.
  • If possible, document the suspected abuse or neglect through photographs, videos, and medical records. Get the names and contact information for anyone who may have witnessed the abuse or neglect.
  • Make sure that your loved one receives proper medical attention so that the injuries from abuse or neglect are diagnosed, documented, and treated.

Who Can Be Held Responsible for Injuries Caused by Abuse or Neglect of a Disabled Person?

Families that lack the skills or resources to care for their loved ones’ special needs often seek help from third parties. When these caretakers allow abuse or neglect to occur, they should be held liable.

These places and parties can be held responsible for injuries caused by the abuse or neglect of a special-needs person:

  • Hospitals
  • Nursing homes
  • Schools
  • Group homes
  • Transportation services for disabled or special-needs persons
  • Home health care providers
  • Live-in nurses or personal care providers
  • Physicians and other medical providers

Abuse and neglect are often committed by individuals who can be held legally responsible for negligence, recklessness, or willful acts. The organizations that employ those staffers can also be sued under the theory of employer liability. The organizations may be held directly responsible for their own negligence or recklessness in retaining those staff members or for having policies and procedures that permit abuse and neglect to occur.

Signs of Neglect or Abuse

Signs of neglect or abuse of a disabled or special-needs individual can include:

  • Dehydration
  • Malnutrition or rapid, unexplained weight loss or weight gain
  • Poor hygiene and dirty clothing
  • Unexplained injuries, or multiple injuries in various stages of healing
  • Sexually transmitted infections or pregnancies
  • Physical signs of punishment or restraint
  • Sudden mood changes or mood swings
  • Depression or anxiety
  • Withdrawal from previously enjoyed activities
  • Agitation or violent lashing out at others
  • Self-harm or attempted suicide
  • Self-soothing behaviors, such as rocking, sucking, or mumbling
  • Fear of being left alone or being left in the presence of certain individuals

Demanding Justice and Compensation for Your Loved One

When a person with a disability or special needs suffers harm due to abuse and neglect, families can demand compensation from those responsible. Securing financial compensation can provide your loved one and your family with some measure of accountability and justice.

The types of damages your family can pursue compensation for include:

  • Medical expenses, like hospital stays, surgeries, and medications
  • Home health care and personal care
  • Renovation expenses to help accommodate new disabilities
  • Pain and suffering
  • Emotional distress
  • Physical/occupational/speech rehab
  • Mental health therapy
  • Educational assistance
  • Lost quality of life
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Contact a Neglect/Abuse Disabled Person Injury Attorney Today!
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Time Limit for Pursuing a Disabled Adult Abuse or Special-Needs Child Abuse Claim

If you have a claim for compensation on behalf of a disabled adult or special-needs child, California’s statute of limitations requires you to file a lawsuit within two years of the date of your loved one’s injury, or the last date of injury for an ongoing abuse or neglect situation.

If your claim is against a state or local government or public agency in California, you must provide the government or public agency with notice of your claim before you may be allowed to file a lawsuit. You can file a lawsuit only after your claim is denied or 45 days have passed.

If you file an untimely notice or lawsuit, the court will have grounds to permanently dismiss your claim. That means you will lose your right to pursue compensation in court.

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How Our Attorneys Can Help If Your Loved One Is in Danger

When your loved one has been injured by abuse or neglect, let the attorneys of Custodio & Dubey LLP help by:

  • Contacting the authorities on your behalf to report suspected abuse or neglect;
  • Getting your loved one the necessary medical care;
  • Thoroughly investigating allegations of abuse and neglect to recover evidence we can use to pursue your family’s claim, including incident reports, medical records, photographs and video, and witness statements;
  • Working with expert witnesses to establish the full extent of your loved one’s past, ongoing, and future damages;
  • Filing claims for compensation with the appropriate at-fault parties and insurance companies; and
  • Aggressively pursuing fair and full compensation through negotiated settlement while also preparing your case to go to trial, if necessary.

If your loved one with a disability or special needs has suffered due to abuse or neglect, contact us today. A dedicated Los Angeles personal injury lawyer from Custodio & Dubey LLP will answer all your questions and explain your legal rights in a free initial consultation.