Elderly Sexual Assault
Reading the phrase “elderly sexual assault” is enough to make anyone with a heart and conscience shudder. You never thought this could happen to your family. Your mom or dad was supposed to be safe—whether in a nursing home, under a caregiver’s watch, or living on their own. But now you’re facing every adult child’s worst nightmare: Discovering that your elderly parent or loved one has been sexually abused, possibly by the very people who were supposed to protect them.
At Lamothe Law Firm in New Orleans, we understand the devastation, pain, and heartbreak that sexual abuse inflicts on the entire family, and especially the elderly victim. We’ve walked the difficult but ultimately vindicating path to justice with hundreds of families just like yours, and we know how to fight for the justice your loved one deserves.
Do not wait to call Lamothe Law Firm to schedule your free consultation about hiring an elderly sexual assault lawyer in New Orleans, LA.
What Counts as Nursing Home Sexual Assault (or Abuse)?
Louisiana law defines “sexual assault” as “any nonconsensual sexual contact.” When discussing elderly victims, including those in nursing homes and assisted-living communities, we may categorize sexual offenses in two primary categories:
Physical Assaults
These offenses involve physical contact between the perpetrator and the victim, and can include:
- Various forms of unwanted touching and contact
- Forced sexual acts and penetration
- Inappropriate contact during care activities
- Voyeuristic behaviors with physical elements
Because caregivers must often interact physically with elderly people, these forms of abuse can be overlooked, downplayed, and carried out for an extended period before the perpetrator is found out.
Non-Physical Sexual Abuse
Types of sexual abuse that do not involve direct contact between the perpetrator and victim may still be immensely harmful, and can include:
- Harassment and inappropriate comments
- Exhibitionist behaviors
- Forced viewing of sexual material
- Recording of the victim in an explicit manner
Both men and women can be victims of such assault and abuse, just as both men and women can be perpetrators. Abuse can be committed by nursing home staff, caregivers, fellow residents, and members of the general public. The Lamothe Law Firm Team can help you obtain justice for the harm they’ve caused your loved one and your family.
Why You Should Retain Our New Orleans Elderly Sexual Assault Lawyers
When you’re shaken by the revelation that a loved one has been violated, trust comes at a higher premium than ever. You need a law firm that will treat you like family and fight tirelessly to deliver justice, not let you down.
At Lamothe Law Firm, we bring several key advantages that set us apart from other practices in the New Orleans area, including:
Traits You Want in Your New Orleans Sexual Assault Attorney
When you hire Lamothe Law Firm to fight for your loved one, you get a team with:
- An extensive network of expert witnesses in geriatric medicine and other fields that are relevant in cases like this
- Experience with similar cases, which allows us to be the most capable, compassionate advocates we can be for your loved one
- Resources to conduct thorough investigations, preserve key evidence, and take the case to court if necessary
- A track record of securing both compensation and justice, which go hand-in-hand in cases like your loved one’s
Look no further than a $5 million recovery in a sexual assault-related case. We’ve proven ourselves, and any former client will tell you that we’re just as capable in the compassion department as we are in our legal work.
Experience Taking on Major Corporate Defendants
Elder abuse can happen anywhere, including in the victim’s own home. That said, many elderly victims of sexual assault are victimized:
- In nursing homes
- In assisted-living facilities
- By caregivers employed or contracted by major healthcare companies
- In circumstances in which the perpetrator of the abuse is not the only one responsible
Those who would sexually assault elderly victims are too often allowed, enabled, and covered for. Your elderly sexual assault attorney from Lamothe Law will hold all liable parties responsible, as our history of holding large corporate defendants accountable suggests.
No Upfront Costs to You
We operate on a contingency fee basis, meaning you pay nothing upfront to start your case. We cover all costs, and your lawyer only receives a fee if they secure compensation for your family. Our fee comes from the settlement or verdict, not from your pocket.
We are selective about the number of cases we accept because we want to make sure we can devote our full attention to each victim of sexual abuse we represent. This is not about business for us—it’s about getting justice and doing what’s right.
When an elderly person suffers sexual abuse, pursuing justice becomes a mission for us. That mission must follow established legal procedures, though, and the steps in your case may unfold as follows:
The Investigation Is Where We Build Your Case’s Foundation
Our investigation begins immediately, focusing on preserving evidence before liable parties can conceal or destroy it. A comprehensive investigation may require:
- Gathering your loved one’s medical records
- Documenting your loved one’s health pre- and post-abuse
- Obtaining relevant documentation from care facilities, service providers, or other institutions involved in the case
- Reviewing any previous complaints or incidents involving the alleged perpetrator (or the facility where a perpetrator mistreated the victim)
- Conducting thorough interviews with staff, caregivers, family members, and witnesses
- Hiring experts to support your case
Often, what initially appears to be an isolated incident reveals a disturbing pattern of abuse that institutions or individuals have attempted to conceal. Such patterns will be immediately relevant to your case.
Filing and Discovery Is Where the Full Truth Comes to Light
Once we file your lawsuit, the defendants’ insurance companies will assign experienced defense attorneys who typically attempt to minimize their clients’ responsibility. We counter these strategies with aggressive discovery, demanding access to:
- Any direct evidence of abuse that the liable parties have in their possession
- Documentation about care protocols and supervision practices (if the abuse happened in a residential facility)
- Training programs and background check procedures
- Any previous incidents involving the perpetrator or a liable institution
- Internal communications related to the abuse allegations
Our New Orleans elderly sexual assault attorneys are aggressive and to-the-point. We will question caregivers, administrators, and all other relevant parties under oath, and we will extract all pertinent information for your case.
The Resolution: We Demand and Fight for Total Accountability
While many defendants prefer to settle rather than face the negative publicity of a trial, we evaluate every offer based on whether it:
- Fully compensates the victim (and their family) for the trauma and damages suffered
- Ensures meaningful reforms to prevent future sexual abuse
- Holds all responsible parties sufficiently accountable for their actions
If necessary, we’re fully prepared to present your case to a jury and fight for the justice your loved one deserves in court.
Common Damages in Cases Involving the Sexual Abuse of an Elder
The recoverable damages for victims of nursing home sexual abuse will never take away the psychological and emotional wounds left by the abuser. Still, the financial compensation can be immensely helpful in promoting healing and providing a sense of justice.
Some damages you or your loved one may be entitled to include the financial value of:
- Physical pain
- Emotional pain
- Psychological pain
- Lost quality of life
- Medical costs
- Relocation costs
- Any other economic or non-economic harm resulting from the sexual abuse
Your Family Deserves Peace: Let Lamothe Law Firm Lead the Lawsuit
Legal proceedings can be emotionally draining for survivors. Defense attorneys may use tactics designed to minimize your loved one’s abuse, question their credibility, or even blame them for what happened.
Having experienced legal advocates means you (and they) never have to face these attacks alone. Let Lamothe Law Firm serve as a protective barrier, handling aggressive questioning and confrontational situations so you can maintain your dignity and emotional stability during this recovery process for your entire family.
Time Is Critical in Elderly Sexual Assault Cases
While we respect your need for time to process and make decisions, you must understand this: Louisiana law imposes strict deadlines for filing sexual assault cases. State law notes that victims of sexual assault may file their lawsuit up to three years after the date the incident occurred, or up to three years after the date the victim is notified of the identity of the perpetrator by law enforcement or a judicial agency. However, in certain cases, the deadline can be as short as one year. The only way to know for sure which deadlines will apply to your case is to contact an attorney who specializes in these cases.
“Years” may sound like a long period, but extenuating circumstances related to your loved one’s abuse could make the filing deadline imminent. It’s in your best interests to speak with a lawyer as soon as possible.
Contact Our Lawyers in New Orleans, LA
Your loved one trusted you to protect them when they could no longer protect themselves. They counted on you to make the right decisions about their care and to advocate for their interests when they couldn’t do so themselves. Now they need you to make another vital decision—to fight for their dignity and get the justice they deserve.
Make the right call and contact Lamothe Law Firm today. We are compassionate and solutions-focused, and we will not waste a moment in seeking the justice your entire family deserves.
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