Nursing Home Abuse Lawyer Monument, CO
If you or a family member has been harmed in a Monument nursing home or care facility, you may be dealing with an upsetting situation and may be unsure what to do next.
Our Monument, CO nursing home abuse lawyer has spent over 20 years representing injured people and the families of those who were failed by those trusted to care for them. We take these cases seriously because the harm can be severe and lasting. Neglect, abuse, and mistreatment in long-term care facilities can leave residents with permanent injuries, deteriorating health, and deep emotional trauma. Contact us today for a complimentary and confidential consultation.
Why Choose Ganderton Law Personal Injury Law Firm for Nursing Home Abuse in Monument, CO?
Local Knowledge. Serious Experience.
David Ganderton has been practicing personal injury law for over 20 years. He understands how Colorado courts handle personal injury cases in Monument, CO, how insurance carriers for long-term care facilities approach these claims, and what it takes to build a case with a strong foundation. He earned his J.D. from Stetson University College of Law and has been recognized as a Top 100 Trial Lawyer by the National Trial Lawyers. He has also been voted Best Personal Injury Attorney, Best Lawyer, and Best Law Firm in Colorado Springs by the Colorado Springs Gazette.
Founding attorney David Ganderton is licensed in Colorado, Wyoming, and Florida, and brings two decades of personal injury experience to every case. We represent clients on a contingency fee basis, which means there are no upfront costs and no fees unless we win.
Results That Reflect What We Do
We have helped our clients recover millions of dollars across a wide range of personal injury cases. We understand that cases of nursing home abuse can be particularly upsetting, and we are dedicated to getting the results you and your family need. We do not only focus on the compensation you deserve but getting a sense of justice. Our commitment is reflected in the verdicts we have been able to achieve in past cases, knowing our legal services can make a true difference during difficult times.
No Fees Unless We Win
We handle nursing home abuse cases on a contingency fee basis. This means you pay nothing upfront. If we don’t recover compensation for you, you don’t owe us anything. Families faced with nursing home abuse already have enough to deal with emotionally and financially, so we believe in offering services that do not add another monetary stress. The last thing you should have to worry about is legal fees.
What Our Clients Say
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“I can not recommend David and his team enough! When I first started reaching out to attorneys after my accident I called like 15 before getting to David. He was the ONLY one to pick up. My case has been going for over 8 months now and he is ALWAYS in communication with me. He is an excellent attorney and has excellent attorneys on his team.” — Joshua Haynes
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Types of Nursing Home Abuse Cases We Handle in Monument
Nursing home abuse can take on many forms, including financially, emotionally, and physically. The signs that nursing home abuse may be happening can be obvious or less observable. We intervene immediately to investigate and prevent further incidents. Our team can handle the full range of abuse and neglect claims that arise in long-term care and assisted living facilities throughout Monument and the surrounding area.
- Neglect. When a nursing home fails to provide adequate food, water, hygiene, medical care, or supervision, that’s neglect and can result in fatality. Bedsores, rapid weight loss, dehydration, and untreated infections are common warning signs. Neglect can cause serious, long-term health complications.
- Physical abuse. Hitting, slapping, restraining, or otherwise physically harming a resident is abuse. Unexplained bruising, fractures, or repeated injuries can all be signs. These cases often involve staff misconduct, inadequate background checks, or facility failures to act on prior complaints.
- Emotional and psychological abuse. Verbal threats, humiliation, intimidation, and isolation can cause lasting psychological harm. Residents with dementia or cognitive decline are especially vulnerable because they may be unable to report what’s happening.
- Sexual abuse. Any unwanted sexual contact with a resident is abuse. Facilities have a legal duty to protect residents from this type of harm, and failures in supervision and staffing protocols are often central to these cases.
- Medication errors. Wrong medications, incorrect dosages, missed doses, and deliberate over-sedation all fall under this category. Medication mismanagement can cause strokes, seizures, organ failure, and death. These cases often require medical records review and expert analysis.
- Financial exploitation. Theft, fraud, coercion, and unauthorized use of a resident’s funds or property are forms of financial abuse. This can involve staff, outside parties, or even family members. It frequently goes unreported because victims may not realize it’s happening.
- Wrongful death from nursing home negligence. When a resident dies because of abuse, neglect, or inadequate care, surviving family members may have a wrongful death claim. These are among the most serious cases we handle, and families deserve answers and justice for what happened.
Colorado Legal Requirements for Nursing Home Abuse Cases
Colorado has specific laws that govern the rights of nursing home residents and create legal liability for facilities that fail to uphold those rights.
The Colorado Nursing Home Residents’ Rights Act establishes protections for long-term care residents, including the right to be free from abuse, neglect, mistreatment, and exploitation. Facilities that violate these standards can face civil liability in addition to regulatory consequences.
Nursing home abuse claims in Colorado are generally governed by a two-year statute of limitations under C.R.S. Section 13-80-102. That two-year timeframe typically starts from the date of the injury or the date the injury was discovered. If this deadline gets missed, you may not be able to receive monetary recovery, which is why it matters to speak with our team as soon as possible.
Colorado also follows a modified comparative fault rule under C.R.S. Section 13-21-111. If a plaintiff is found to share some responsibility for their own injury, their compensation is reduced proportionally. A plaintiff found to be 50% or more at fault cannot seek compensation. In nursing home cases, this defense rarely applies, but it can come up in certain circumstances.
Federal nursing home regulations can also apply to nursing home abuse cases. The Centers for Medicare & Medicaid Services oversees certified facilities and sets minimum care standards. Survey and inspection records kept by the Colorado Department of Public Health and Environment can be valuable evidence in abuse and neglect cases.
What Damages Are Recoverable in Monument Nursing Home Abuse Cases?
Victims of nursing home abuse and their families can pursue several categories of compensation depending on the circumstances of the case.
Economic damages cover the direct financial losses caused by the abuse or neglect. These include the cost of medical treatment for injuries caused at the facility, expenses related to transferring a resident to a new facility, costs of additional care or rehabilitation, and any wages lost by family members who had to take time away from work to respond to the situation.
Non-economic damages address the pain, suffering, and emotional harm caused by the abuse. For residents, this can include compensation for the physical pain of untreated injuries, the psychological harm of being mistreated or humiliated, and the loss of dignity that comes with being abused in a place where a person should feel safe. Family members may also have claims for emotional distress in certain circumstances.
Punitive damages may be awarded by Colorado courts in cases involving intentional misconduct or reckless disregard for a resident’s safety. Under C.R.S. Section 13-21-102, punitive damages are available when the defendant’s conduct was fraudulent, malicious, or attended by circumstances of aggravation. These awards are not guaranteed, but they serve an important purpose in holding facilities accountable in ways that go beyond just compensating the victim.
Wrongful death damages are available to surviving family members when abuse or neglect causes a resident’s death. These can include funeral and burial expenses, the economic value of the resident’s life, and non-economic losses for grief, loss of companionship, and emotional suffering. Colorado’s wrongful death statute governs who can bring a claim forward and what compensation is available.
Contact Ganderton Law Personal Injury Law Firm
At Ganderton Law Personal Injury Law Firm, we handle nursing home abuse cases on a contingency fee basis. Your consultation is free and confidential. If you suspect a loved one has been abused or neglected in a Monument nursing home or care facility, please do not wait to get help. Our Monument nursing home abuse attorney takes the time to listen to what happened and gives you an honest answer about what to do next for your loved one. Contact us today to schedule your free consultation.
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