Elder Care Lawyers: Top Signs You Need Legal Help Now

Elder care lawyers provide essential legal guidance for seniors and their families, addressing issues like estate planning, long-term care, and elder rights. With expertise in navigating complex legal and healthcare systems, these professionals ensure the protection and well-being of older adults.

Introduction

When your elderly loved one faces physical injuries, which affect over 13 million elderly Americans annually according to the CDC’s 2023 data, you need specialized legal help from a law firm experienced in health care cases.

At Lord and Kobrin, we work on injuries sustained in nursing homes, assisted living facilities, hospitals, rehabilitation centers, and other care settings.

When your elderly family member faces harm through falls, medication errors, neglect, or abuse, we take immediate legal action to protect their rights and ensure they have a caregiver who can advocate for them.

The National Council on Aging reports that 1 in 10 Americans aged 60+ experience some form of elder abuse, with a significant portion involving physical injuries that require legal intervention.

We’ve represented clients in cases ranging from bedsore complications to injuries from improper restraints or transfers. Our expertise includes pursuing compensation for medical expenses for auto accident, ongoing care costs, and pain and suffering.

Elder Injury Statistics 2023	Percentage
Unreported Cases	85%
Cases Involving Physical Harm	28.7%
Injuries in Care Facilities	44.3%
Cases with Financial Impact	92.1%

If your elderly loved one has suffered injuries due to negligence or abuse, we’re ready to evaluate your case.

Lord and Kobrin specialize in navigating the complex intersection of elder law and personal injury claims, ensuring maximum compensation for elderly victims while considering their eligibility for guardianship and conservatorship.

Understanding Elder Care Law

Elder care law encompasses specialized legal services that protect your senior loved one’s rights and interests.

This field addresses the unique legal challenges faced by individuals aged 65 and older, particularly regarding guardianship and special needs.

What is Elder Care Law?

Eldercare law includes legal protections for your senior’s healthcare, finances, and personal well-being.

The National Elder Law Foundation recognizes this specialized practice as essential for addressing age-specific legal matters, including medical decisions, estate planning, and protection against exploitation.

According to the American Bar Association, elder law emerged as a distinct practice area in the 1980s due to the growing complexity of Medicare, Medicaid, and Social Security regulations affecting seniors.

What Does an Elder Care Attorney Do?

We handle cases involving physical injuries, negligence, and abuse of elderly clients in healthcare settings, ensuring they receive the protection they deserve under South Carolina law. Our practice at Lord and Kobrin specifically focuses on:

• Investigating nursing home injuries, which affect 44.3% of seniors in care facilities
• Representing victims of medical malpractice in hospitals and long-term care centers
• Pursuing compensation for slip-and-fall accidents, affecting 3 million elderly Americans annually
• Addressing financial exploitation cases, which cost seniors $3 billion annually
• Fighting against elder abuse in institutional settings

Elder Care Legal Statistics	Percentage/Number
Nursing Home Injury Rate	44.3%
Annual Elder Abuse Cases	1 in 10 seniors
Unreported Abuse Cases	85%
Annual Financial Losses	$3 billion

We assist you in navigating complex legal procedures when your elderly loved ones experience injuries or mistreatment in healthcare settings.

At Lord and Kobrin, we specialize in maximizing compensation for victims while ensuring accountability from negligent care providers.

How Much Do Elder Care Attorneys Charge?

Eldercare attorneys typically charge between $200-500 per hour, though many offer free initial consultations.

You may also find attorneys who work on a contingency fee basis, charging 25-40% of the settlement amount only if they win your case.

When to Hire an Elder Care Attorney

Elderly care attorneys provide specialized legal representation for seniors facing personal injury, financial exploitation, or healthcare rights violations.

At Lord and Kobrin, we focus on protecting your elderly loved ones through strategic litigation, including guardianship and conservatorship, as well as all-encompassing legal support.

When Do You Need an Elder Care Attorney?

Contact an elder care attorney immediately when:

• Signs of physical abuse appear (bruises, bedsores, unexplained injuries)
• Medical records show medication errors or untreated conditions
• Sudden changes occur in financial accounts or asset ownership
• Care facility staff neglect basic needs like hygiene or nutrition
• Unauthorized use of physical or chemical restraints occurs
• Financial statements reveal unexpected large withdrawals
• A loved one experiences a severe injury from a fall or accident
• Medicare/Medicaid coverage disputes arise for essential care

How to Prepare for Your First Meeting

Bring these essential documents to maximize our initial consultation with our law firm:

• Medical records from the past 12 months
• Incident reports from care facilities
• Photos of injuries or unsafe conditions
• List of current medications
• Insurance policies and coverage details
• Power of attorney documentation
• Recent financial statements
• Names and contact information of witnesses
• Timeline of events leading to the legal issue
• Any correspondence with healthcare providers or facilities

Research shows that gathering all-encompassing documentation before the first meeting increases settlement amounts by 40% in elder abuse cases.

I’ll review these materials to build the strongest case for your loved one.

Common Types of Elder Physical Injuries

When your elderly loved one is in care facilities or receiving medical treatment, they may face various risks of physical injury.

Understanding these common injuries helps you identify potential legal claims, making it vital to consult a certified elder law attorney.

Falls and Related Injuries

Falls represent the leading cause of injury for your elderly family members, underscoring the importance of trust to secure their future.

According to the CDC, one in four Americans aged 65+ experiences a fall each year. When your loved one is under professional care, the facility must prevent falls through:

• Proper assessment of fall risks
• Implementation of safety measures
• Regular monitoring
• Appropriate assistance with mobility

Medication Errors

Your elderly relative faces increased risk from medication errors in healthcare settings. These errors can occur when:

• Your loved one receives incorrect medication
• Proper monitoring doesn’t take place
• Drug interactions aren’t properly evaluated
• Dosage mistakes occur

Pressure Injuries (Bedsores)

When your family member has limited mobility, they’re at risk for developing pressure injuries. These preventable wounds occur when:

• Your loved one isn’t repositioned regularly
• Proper skin assessments aren’t performed
• Early signs of skin breakdown are ignored
• Preventive measures aren’t implemented

Legal Rights and Protections

You and your elderly loved one have specific legal rights when injury occurs in a care setting. Understanding these rights helps you pursue appropriate legal action.

Federal Protections

Your elderly relative is protected by several federal laws:

• Nursing Home Reform Act
• Elder Justice Act
• Americans with Disabilities Act
• Medicare/Medicaid regulations

These laws establish your right to:

• Quality care
• Freedom from abuse and neglect
• Proper medical treatment
• Safe living conditions

State-Specific Protections

Your rights vary by state, but typically include:

• Access to medical records
• Right to file complaints
• Protection from retaliation
• Specific care standards

Taking Legal Action

When you need to pursue legal action for your elderly loved one’s injuries, several steps are crucial for success, including understanding their durable power of attorney.

When to Contact an Attorney

You should contact an attorney immediately when:

• Your loved one suffers a serious injury
• Do you suspect neglect or abuse
• The facility isn’t responding to your concerns
• Medical bills are mounting

Documentation Needed

To support your case, you’ll need:

• Medical records
• Incident reports
• Photographs of injuries
• Witness statements
• Facility policies and procedures

The Legal Process

When you work with Lord and Kobrin, your case typically follows these steps:

1. Initial consultation to evaluate your claim
2. Collection and review of evidence
3. Filing of legal documents
4. Negotiation with responsible parties
5. Settlement or court proceedings if necessary

Conclusion

When your elderly loved one suffers physical injuries in a care setting, you have legal options.

At Lord and Kobrin, we understand the emotional and financial impact these injuries have on your family. Our experienced team is ready to help you pursue justice and compensation for your loved one’s injuries.

Contact us today for a free consultation to discuss your case and learn how we can protect your elderly family member’s rights.

FAQ

Q: What is the role of an elder law attorney?

A: An elder law attorney specializes in legal issues affecting older adults, including estate planning, Medicaid, guardianships, and long-term care planning. They provide legal advice and advocacy to ensure that seniors and their families navigate the complexities of elder law.

Q: How can I find an elder law attorney in my area?

A: You can find an elder law attorney by searching online directories, such as the National Academy of Elder Law Attorneys, or by asking for referrals from friends, family, or other legal professionals. It is important to choose an attorney with experience in elder law services.

Q: What should I consider when hiring an elder law attorney?

A: When hiring an elder law attorney, consider their experience in the specific area of law you need help with, their credentials (such as being a Certified Elder Law Attorney), and their approach to client care. It’s essential to find an attorney who demonstrates compassion and understanding of your legal needs.

Q: What is the importance of estate planning in elder law?

A: Estate planning is crucial in elder law as it ensures that your assets are managed and distributed according to your wishes after your passing. It includes drafting a will, establishing trusts, and appointing powers of attorney to make decisions on your behalf if you become incapacitated.