Most abuse never gets reported. Families do not see it, and residents are often too frightened or too impaired to speak up. Federal researchers estimate that roughly one in ten adults over 60 experiences some form of abuse, according to elder abuse data from the National Council on Aging, and only a small fraction of cases ever reach authorities.
The National Institute on Aging reports that hundreds of thousands of adults over 60 are abused, neglected, or exploited each year. The CDC treats mistreatment of older adults as a serious and preventable public health problem. When a Colorado Springs, CO family suspects harm, a nursing home abuse lawyer can look into what these numbers leave out.
Our founder, David Ganderton, has earned a place on the National Trial Lawyers Top 100 and the title of Best Personal Injury Attorney in the Colorado Springs Gazette’s Best of the Springs awards. He also invests time in causes beyond his caseload, including The Exodus Road, Safe Families for Children, and Denver Kids. When a facility’s neglect harms a resident, results like our $350,000 recovery in a fall case that required spinal surgery reflect how we build and pursue these claims for families.
Common Types of Nursing Home Abuse in Colorado Springs
Abuse does not always leave a bruise. It can look like sudden weight loss, a withdrawn parent, or an account that keeps shrinking. Learning the categories helps families recognize what they are seeing and act on it. A nursing home abuse attorney in Colorado Springs sees these patterns constantly, and any one of them can support a claim.
- Neglect. This is the most common form, and the most overlooked. Understaffed facilities skip repositioning, hydration, and hygiene, and the results show up as bedsores, infections, and dangerous falls. A fall from an unattended bed can cause a spinal cord injury or a hip fracture that a frail resident may never recover from.
- Physical abuse. Hitting, shoving, and the improper use of restraints leave marks that staff may explain away as ordinary accidents. Unexplained bruising, broken bones, a back injury, and repeated “falls” that no one witnessed deserve a hard look.
- Emotional and psychological abuse. Threats, humiliation, and isolation cause real harm even when there is no physical injury. A once-social parent who suddenly stops talking, rocks, or seems afraid of a particular caregiver may be telling you something without words.
- Financial exploitation. Missing money, new signatures on documents, and sudden changes to a will can signal that someone with access is taking advantage of a vulnerable adult.
- Medical neglect. Missed medications, ignored symptoms, and untreated conditions can turn a manageable illness into a crisis. A head strike from a preventable fall can bring on a traumatic brain injury or other catastrophic injuries, and in the worst cases, neglect leads to a wrongful death.
- Sexual abuse. It is rare, underreported, and devastating. Any unexplained injury, torn clothing, or new fear of bathing or dressing should be taken seriously and reported immediately.
These categories overlap more often than not. A short-staffed facility that neglects a resident may also miss a neck injury from a fall it never documented. When a facility lets conditions slide, liability for falls can attach to the property itself. A family’s instincts are often right, and when something feels wrong during a visit, a nursing home neglect attorney can help you find out whether that is the case.
Colorado Springs Nursing Home Abuse Lawyer FAQs
How much does a nursing home abuse lawyer in Colorado Springs cost?
Our firm handles these cases on contingency. There is no retainer and no hourly bill, and you owe no attorney fee unless we recover money for your family. The first consultation is free. That structure exists so families can hold a well-funded facility accountable without draining savings meant for a loved one’s care. You pay us only if we win.
How long do we have to file a nursing home abuse claim in Colorado?
Colorado law generally gives families two years from the date of the harm to bring a personal injury claim, and roughly the same window applies when neglect causes a death. These deadlines are firm, and evidence disappears quickly as well, since staffing records and care charts can be revised or lost. Speaking with a Colorado Springs nursing home abuse attorney early protects both your rights and the proof.
Who can be held responsible for nursing home abuse?
More than one party often shares blame. The individual caregiver may be liable, but so may the facility that hired and supervised them, the corporate owner that set staffing budgets, and outside contractors brought in for care. Chronic understaffing is frequently a business decision made far above the floor. Identifying every responsible party matters because it affects both accountability and the available compensation.
What compensation can our family recover?
Colorado law allows recovery for economic and non-economic losses, the same categories available in any personal injury claim. Economic damages cover medical bills, the cost of relocating a resident, and related expenses. Non-economic damages address pain, suffering, and loss of dignity, and the state applies a cap to that category. Where conduct is especially reckless, additional damages may be available. A nursing home abuse lawyer in Colorado Springs, CO can explain how these categories apply to your situation.
What if the facility says the injury was just an accident?
Facilities routinely call preventable harm an unavoidable accident, or suggest the resident caused it. Colorado uses modified comparative negligence, which means a family can still recover as long as the resident was less than fifty percent at fault, with any award reduced by that share. The label a facility assigns to an injury does not determine the outcome. That comes down to the evidence.
How do we prove neglect actually happened?
Proof comes from care charts, staffing logs, medication records, incident reports, photographs, and witness accounts. We often work with medical professionals to connect a facility’s failures to the harm your loved one suffered. The process mirrors proving negligence in other injury cases, which means showing a duty of care, a breach of that duty, and resulting harm. Documentation gathered early is usually what makes the difference.
Should we report the abuse to authorities?
Yes. Reporting protects your loved one and others in the same facility, and it creates an official record that can support a claim later. You can contact Adult Protective Services, the Long-Term Care Ombudsman, or the police, and you can do all of this while also speaking with a lawyer. Reporting and pursuing a civil claim are separate tracks, and pursuing one does not close the other.
Is a nursing home abuse settlement taxable?
Most compensation tied to a physical injury is not taxed as income, though certain portions can be treated differently depending on how a settlement is structured. Because the details vary, it is worth confirming whether a settlement is taxable before planning around any figure.
Can we still file a claim if we signed an arbitration agreement?
Maybe. Many facilities bury arbitration clauses in admission paperwork, and families often sign without realizing what they gave up. These agreements are not always enforceable. Some are signed by a relative who lacked legal authority to bind the resident, and others are written in ways a court may refuse to uphold. We review the documents you signed and look for grounds to challenge the clause. Do not assume the paperwork closes the door. Let us read it first.
Do we have to move our loved one out of the facility to file a claim?
No. Filing a claim does not require relocating your loved one, though safety comes first. If the danger is immediate, contact the facility’s administration and the proper authorities right away. Retaliation against a resident for filing a complaint or lawsuit is prohibited, and we monitor this closely. Some families choose to move a resident, while others stay put as the case proceeds. That decision is yours. We help you weigh it against your loved one’s medical needs and wishes.
Contact Ganderton Law Personal Injury Law Firm Today!
If you are concerned that a loved one has suffered abuse or neglect, our Colorado Springs nursing home abuse attorneys are available to discuss your situation and explain your legal options. We offer free, no-obligation consultations and represent clients on a contingency fee basis, so you owe no attorney’s fees unless we recover compensation on your behalf. During your consultation, we will listen to your concerns, review the available information, and answer your questions. Contact us to schedule a confidential case evaluation.