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Whalen Montalvo

Greenville Nursing Home Abuse Lawyer

Greenville Nursing Home Abuse Lawyer Helps Stop Abuse

It is sad to have to place a loved one in a nursing home, but we do so expecting them to be kept safe and properly cared for. Unfortunately, this does not always happen, and nursing home residents wind up abused or neglected, suffering emotional and physical injuries that may be severe enough to lead to death.

If you even suspect your loved one is being mistreated in a nursing home, it is essential to take action. A nursing home abuse attorney can help. At Whalen Montalvo, we know the importance of stopping the abuse immediately to prevent additional damage to your loved one and other fragile residents. We can investigate the situation and, if appropriate, file a lawsuit that can hold the nursing home owners, managers, and staff responsible for the abuse. A successful nursing home lawsuit can stop the abuse from continuing, protect your loved one and other vulnerable residents from further damage, hold the guilty parties liable, and win a compensation award for the damages that you and your loved one received.

Our experienced South Carolina nursing home abuse lawyers provide a free consultation to determine the best way to handle your case, so call us today to get started.

How Our Greenville Nursing Home Attorney Helps

Why Choose Us

Nursing homes are licensed by the state and must adhere to South Carolina and federal regulations in providing patient care and record keeping. Nursing homes are often owned by large corporations and have high-powered lawyers on their payroll to fight allegations of abuse.  To go up against them, you need an attorney who knows the laws and the system and who has the experience and resources needed to stand up to them.  Here are some reasons we believe you should choose Whalen Montalvo:

  • We are experienced and know the needs of South Carolinians. Attorney James Whalen has worked in civil litigation on the defense and plaintiff’s side and also as a prosecutor and criminal defense attorney. Attorney Eric Montalvo spent more than twenty years in the Marine Corps as a leader and Judge Advocate and is experienced as a military prosecutor, general counsel, criminal defense attorney and civil defense litigator. As a result, we know how the justice system operates for both plaintiffs and defendants.
  • We get results for our clients, and you can read reviews from those we have helped.
  • Our achievements have earned us numerous firm and individual credentials, including selection of James M. Whalen by his peers for inclusion in the South Carolina 2021 Legal Elite and in the Irish Legal 100.
  • We deal and negotiate with nursing homes and their attorneys and insurance companies, so you won’t have to.
  • We offer free initial consultations to get you started.
  • We are accessible and available 24/7 for client emergencies.
  • We work on a contingency basis, so you pay us nothing unless we win and you get your money.

Our Nursing Home Abuse Lawyers Work for You

When dealing with nursing home abuse or neglect, it is imperative to start investigations quickly to stop the abuse from continuing and to obtain evidence while it is available and witnesses can be found. When you retain our Whalen Montalvo legal team, we will start working on your case immediately. We will:

  • Meet with you to discuss how the abuse happened and who the at-fault parties may be, evaluate your loved one’s damages, and determine what your case may be worth
  • Remove your loved one from the dangerous situation and help place them in a temporary safe situation or in a new facility
  • Investigate the abuse situation and gather evidence such as photographs of injuries, surveillance videos, medical reports and records, interviews with residents and staff, and abuse history of the facility
  • Submit Freedom of Information requests on the nursing home to determine if it was involved in any other cases involving neglect or abuse
  • Help you prepare official complaint forms to file with the state
  • File a claim for compensation on behalf of your loved one and your family
  • Hire experts to testify as to the costs and extent of your loved one’s injuries and the future effects on their life
  • Negotiate with the nursing home and their insurers and attorneys for a fair settlement
  • Take your case to trial if necessary.

Nursing Home Attorneys in Greenville Must Prove Negligence

There are many ways that vulnerable residents can be abused in nursing homes. Abuse can be physical, emotional, financial or sexual. It can come in the form of verbal insults and put-downs; physically hitting, pushing, restraining or overmedicating; financially stealing money or cashing checks; or sexual touching or penetrating.  It can also be manifested in the form of neglect, such as failing to provide proper sanitary conditions, safety measures, or proper nutrition.

Perpetrators of abuse can be staff or other residents who intentionally harm a resident, or facility owners who refuse to hire enough staff or provide adequate security, training, or background checks of employees. Our nursing home abuse attorneys are aware of types of abuse and neglect, and will do everything possible to hold the responsible parties liable.

To win your case, our attorneys would have to show that your loved one’s injuries were caused by the negligence or fault of another party, the defendant in the case. Proving negligence legally means showing the following elements:

  • Duty: Nursing homes have a duty of care to keep residents safe from harm.
  • Breach: There was a breach of this duty of care.
  • Cause: This breach caused injuries to your loved one.
  • Damages: Your loved one suffered damages as a result.

Responsible parties who may be negligent and held liable may include the owners and administrators of the facility, doctors, nurses, attendants, or other residents. We would look to identify all negligent parties, as they may each have insurance or assets that can go toward a settlement.

Damage Awards You May Receive

In a successful nursing home abuse case, our attorneys may be able to recover an award for compensatory damages that may include economic or monetary losses and also noneconomic damages that do not a have a dollar value but negatively affect quality of life.  These may include:

  • medical and rehabilitation bills of the resident
  • expenses, such as costs of transferring the patient and of hiring private nurses for additional care
  • lost wages if you need to take time off from work
  • physical and emotional pain and suffering of your loved one.

In some rare cases, when it can be proven that the defendant’s actions were “willful, wanton, or reckless,” you may also be awarded punitive damages. These are intended to punish a defendant and to deter such behaviors in the future.

Nursing Home Abuse Attorneys in Greenville Answer Frequently Asked Questions

When dealing with nursing home abuse, you may not know where to turn and are likely to have questions and concerns. These are best answered at your free initial consultation, but to get started, here are some answers to questions our attorneys are often asked:

How Do I Know My Loved One Is Being Abused in a Nursing Home?

While not every cut or bruise is a sign of abuse, it is important to be vigilant and look for these signs:

  • Weight loss or other signs of malnutrition or dehydration
  • Bedsores, cuts, or bruises
  • Torn garments or blood on undergarments
  • Fearfulness and withdrawal
  • Matted hair, body odor, and other signs of poor hygiene
  • Looking drugged or showing other signs of overmedication can signal a potential DUI charge.
  • Missing possessions, checks, or money
  • Frequent falls and visits to emergency rooms
  • Unattended wandering
  • Unsatisfactory answers to your questions by staff.

How Can I Report Abuse to the Authorities in South Carolina?

You can report suspected abuse, neglect, or exploitation of a vulnerable adult by calling 1-888-CARE4US (1-888-227-3487), or click here to make a report online. The report will be assessed to determine if it meets these 4 elements:

  1. The adult must meet the legal definition of vulnerable.
  2. There must be an allegation of abuse, neglect and exploitation.
  3. The abuse or neglect must have occurred in the community.
  4. The abuse or neglect was at the hands of a caregiver or the vulnerable adult themselves.

What If My Loved One Died from the Abuse?

In the terrible event that your family member dies from the abuse, our attorneys can file a wrongful death claim to receive compensation. According to South Carolina law (Section 15-51-10 and 20), when a death is caused by the wrongful act, neglect or default of another, a wrongful death claim may be brought for the benefit of the deceased’s spouse and children, and, if there are none, for the deceased’s parents or heirs.

Is There a Time Limit for Filing a Case?

Yes, South Carolina has a deadline, called a statute of limitations (Section 15-3-540) for filing personal injury and wrongful death cases, including those involving nursing home abuse. There are some exceptions, but in general you have three years from the date of the abuse or the date of the death to file a lawsuit.

Do I Need a Lawyer to Handle My Case?

While technically you can file a case on your own, an experienced nursing home abuse attorney knows how to take immediate action to remove your loved one from harm, gather and preserve evidence to prove abuse, and utilize the laws, the courts and the system to fight for justice for your loved one, as well as fair compensation.

When you retain our Whalen Montalvo attorneys, you can rest assured that we will be there to answer all your questions throughout the entire legal process.

Get Help from Our Nursing Home Abuse Lawyer in Greenville, SC

The nursing home neglect attorneys at Whalen Montalvo are dedicated to protecting the rights of vulnerable nursing home residents who are abused and neglected. Your loved one deserves to be treated with dignity and respect, and perpetrators of abuse must be stopped and punished.

Don’t let an abusive situation continue. If your loved one has been harmed in a nursing home or other medical facility, let us take the burden off you and handle all legal hurdles and requirements necessary to fight for a fair settlement. Call us today for your free, no-obligation consultation.

Get Help Now (864) 770-7710

James M. Whalen

I grew up right here in Greenville, South Carolina. Following highschool, I attended Rhodes College in Memphis, Tennessee, where I was an NCAA Scholar-Athlete for the Rhodes Lynx soccer program.

I completed my law degree at University of South Carolina School of Law, where I was on the mock trial team and an editor for the Journal of Law and Education. Following graduation, I served as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. My experience in D.C. trial courts solidified my desire to become a trial lawyer.
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Get the best legal representation possible. Give the Greenville, SC attorneys at Whalen Montalvo a call today at (864) 770-7710 or use our online form.