Elder Physical Abuse


Louisiana Elder Physical Abuse Lawyers

Our Louisiana elder abuse attorneys provide tough representation

Seniors 60 and older are often abused at nursing homes, assisted living facilities, long-term care facilities, daycare facilities, and in their homes. While some caretakers are just mean or uncaring, most physical abuse involves seniors who have cognitive disabilities or physical challenges that require compassion and competency instead of physical force. Common causes of abuse involve facilities that are understaffed and caretaker facilities and personnel who are not properly trained. Many instances of abuse are not reported due to the fear of what the abuser might do. At Garcia & Artigliere, our Louisiana physical abuse lawyers are skilled at holding the abuser and caretakers accountable for the senior’s pain and suffering, medical bills, and loss of their quality of life. We’ve obtained more than $3 billion in recoveries for abuse and neglect victims nationwide.


What is physical abuse?

The US Centers for Disease Control and Prevention’s definition of physical abuse of a senior is any conduct that causes pain, illness, impairment or loss of function, distress, or death due to the “intentional use of physical force.”  Common examples include hitting, burning, pushing, slapping, and kicking.

Sexual acts without the consent of the elderly are also considered physical abuse. A passive form of unconscionable physical abuse includes using physical or chemical restraints to control the elderly. Another form of physical abuse is failing to give a senior their medications.

The American Bar Association emphasizes that seniors who have Alzheimer’s, dementia, or other cognitive disabilities are tragically prime physical abuse targets because they can’t resist and can’t report the abuse. Caretakers may physically abuse older Louisiana residents with cognitive disabilities instead of admitting they don’t have the patience or training to properly help these seniors.

What signs indicate the physical abuse of a senior in Louisiana?

Family members, friends, and caretakers themselves should regularly look for the following signs of physical abuse in Louisiana:

  • Bruises, cuts, fractures, and complaints of being in pain
  • Changes in personality
  • Untreated infections and illnesses
  • Withdrawal from the people the senior should normally trust
  • Difficulty sleeping
  • Anxiousness and depression
  • Weight loss or weight gain
  • Hospitalization
  • Answers to questions about the physical abuse that don’t make sense
  • Sudden death

Why does physical abuse of the elderly happen in Louisiana?

At Garcia & Artigliere, our Louisiana elder neglect lawyers are skilled at showing that physical abuse occurred and explaining why the abuse was preventable. Caretakers may be responsible for any physical abuse that occurs by a staff member, another resident, or anyone with access to the assisted living facility, daycare center, or the senior’s home.

Some of the common causes of physical abuse in Louisiana include:

  • Substance abuse of the attacker
  • Antisocial behavior of the attacker
  • Failure of the caretaker institution or agency to properly train staff members on how to help seniors with cognitive or physical disabilities
  • Failure of caretakers to monitor other residents in the nursing home, especially those with dementia or Alzheimer’s
  • Failure of caretakers to conduct background checks
  • Understaffed facilities
  • Using physical force to restrain the elderly
  • Untimely responses or complete non-responses to complaints of physical abuse by the senior or friends and family of the senior
  • Failure to implement policies and procedures to prevent abuse, monitor abuse, and respond to abuse
  • Not disciplining the abuser

What injuries does physical abuse of the elderly cause in Louisiana?

The elderly are usually injured more easily and more severely than young people because many seniors are already suffering physically, they have brittle bones, their immunity systems are weaker, and for other reasons. Seniors generally need much more time to heal than younger people do.

Physical abuse can cause broken bones, contusions, concussions, traumatic brain injuries, spinal cord damage, paralysis, burns, bruises, internal bleeding, and other damage. The intentional failure to give a senior his/her medications can cause the conditions the medications were prescribed for to occur or worsen.

For seniors, physical abuse also means severe emotional suffering. Some types of physical abuse may cause loss of function and scarring and disfigurement. Tragically, physical abuse of the elderly may result in fatalities.

Who can be held responsible for the physical abuse of the elderly in Louisiana?

The physical abuser may face criminal charges for illegal assaults and abusive actions.

At Garcia & Artigliere, our Louisiana elder abuse lawyers file personal injury claims on behalf of any senior who suffers physical abuse. We also file wrongful death claims if your loved one died to physical abuse. We file these claims against the abuser and anyone such as a nursing home that failed to take proper steps to prevent or respond to the abuse.

Some of the reasons a long-term care facility, nursing home, adult day care center, or a caretaker agency may also be liable (in addition to the abuser) are the following failures:

  • Not running background checks on new employees
  • Not having a system to monitor, report, and discipline acts of abuse
  • Not rotating the staff
  • Not following standard caretaker protocols
  • Not responding to prior complaints of physical abuse

Nursing homes and other employers may be vicariously liable for any abuse of their employees.

What is the value of a senior physical abuse claim in Louisiana?

At Garcia & Artigliere, our Louisiana physical abuse attorneys demand full compensation when caretakers commit or fail to prevent physical abuse of the elderly. Seniors have limited years left. They should be able to live the years with as little discomfort and as much joy as possible.

Our compensation demand includes all of the senior’s:

  • Medical expenses, including ER care, surgeries, rehabilitation, doctor visits, assistive devices, and medications
  • Each day of physical pain and emotional suffering
  • The inability to enjoy life’s pleasures
  • Any loss of function
  • Any scarring or disfigurement

We often seek punitive damages against the abuser and the caretakers who simply should have done more to prevent the abuse from happening.

What are the time limits for filing a Louisiana physical abuse claim?

Louisiana’s statute of limitations for physical abuse of the elderly claims is only one year. Even one year is much too long to contact an attorney. Please contact our Louisiana physical abuse lawyers as soon as possible. Prompt action is essential to:

  • Stop the abuse from continuing
  • Investigate how and why the abuse occurred
  • Help your loved one obtain the medical care he/she needs
  • Speak with witnesses while their memories are fresh and intact
  • Help other seniors who may be being physically abused

Do you have a Louisiana physical abuse lawyer near me?

Garcia & Artigliere represents physical abuse victims throughout Louisiana. Our New Orleans office is located at 400 Poydras Street, Suite 2045. Our team is a national law firm. We fight to obtain the maximum possible compensation for your loved one to fully compensate the senior for his/her and to send a message to the wrongdoers that physical abuse of every senior is unconscionable.

Contact us now. Speak with a respected Louisiana physical abuse attorney at Garcia & Artigliere today

At Garcia & Artigliere, our Louisiana physical abuse lawyers are just as horrified as you on learning a senior was abused by a caretaker, staff member, visitor, or anyone. We’re ready to fight today to hold the abuser and anyone else, such as a nursing home facility, who could have stopped the abuse from ever occurring and failed to respond quickly when the abuse first occurred. We fight for seniors and their families. To hold abusers and enablers responsible, call us or fill out our contact form now to schedule a free, confidential consultation. We’re respected across Louisiana. We also represent clients in California, Arizona, and Kentucky. There are no upfront fees. We represent physical abuse clients on a contingency fee basis.

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