Nursing Home Abuse & Neglect

West Virginia Nursing Home Abuse & Neglect Lawyers Who Will Fight for You, Your Families and Justice

Nursing home residents are some of the most vulnerable members of our communities in West Virginia and across the country. When a resident is injured, contracts an illness, or passes away at a nursing home or other facility, questions are often asked whether the home operator and staff provided the adequate care required under the circumstances. At Crim Law, our West Virginia nursing home abuse & neglect attorneys will help nursing home residents and their families fight back against nursing home negligence, neglect, and abuse.

Unfortunately, nursing home neglect and abuse can come in many different forms. A West Virginia nursing home abuse attorney at our firm will tell you that some of the most common infractions include:

• Leaving residents unattended
• Neglecting to report injuries or illnesses
• Inadequate medical treatment
• Medication mistakes
• Malnutrition, lack of appropriate food and water
• Failing to clean rooms, leaving rooms in a dangerous condition
• Neglecting to help residents use the restroom and clean up after accidents
• Refusing to provide regular baths
• Forgetting to change bed sheets
• Ignoring residents’ complaints
• Failing to report injuries or illnesses
• Negligent security, inadequate safety precautions

That is not to mention active abuse. Sadly, in some situations, nursing home staff members have been found to physically and mentally take advantage of residents in some situations, causing serious harm.

Types of Nursing Home Abuse

Nursing home abuse can take many forms. Some leave obvious scars, while others remain hidden under the surface for a time. Families place an enormous amount of trust in living facilities to provide care, respect, and safety for their loved ones. When that trust is broken through abuse or neglect, the consequences can be life-changing. Abuse can be physical, emotional, sexual, or financial in nature, and each form leaves behind lasting damage.

Physical Abuse

Physical abuse includes any use of force that results in bodily harm, pain, or impairment. This can involve hitting, slapping, pushing, or biting a resident. The unnecessary use of restraints, either physical or chemical, can also qualify. Victims may show signs such as bruises, broken bones, cuts, or burn marks. In some cases, residents become fearful or withdrawn around specific staff members. Any unexplained injury should be a red flag that physical abuse may be occurring.

Emotional and Psychological Abuse

Not all abuse leaves visible marks. Emotional abuse includes verbal assaults, threats, intimidation, humiliation, or isolation. Staff may ridicule residents, ignore their needs, or manipulate them into compliance through fear. The victims of emotional abuse may show signs of depression, anxiety, low self-esteem, or sudden behavioral changes. This form of elder abuse can be just as damaging as physical harm, especially for those already suffering from cognitive decline.

Sexual Abuse

Sexual abuse in a nursing home is a tragic violation of a resident’s dignity and rights. It may involve unwanted touching, coercion, sexual assault, exposure, or harassment. Perpetrators frequently include staff members, but allegations of this nature often target other residents or even visitors. One distressing aspect of sexual abuse is that many nursing home residents lack the capacity to report an assault.

Financial Exploitation

Elderly residents are often targets of financial abuse, particularly those with memory issues or no close family oversight. This can include unauthorized use of credit cards, forged checks, coerced changes to wills, or the misuse of power of attorney. Sudden changes in financial accounts or missing valuables are common signs of financial abuse.

What Is Nursing Home Neglect?

In addition to abuse, nursing home residents may also live with the consequences of neglect. Nursing home neglect occurs when a care facility fails to provide residents with the basic necessities and attention required to maintain their health, safety, and dignity. Unlike overt physical abuse, neglect often stems from inaction. This might include a failure to assist with meals, medications, hygiene, or medical treatment. But the harm caused by neglect is no less severe. It can lead to serious injuries, emotional trauma, and even death.

Neglect may be intentional or unintentional. In some cases, overworked or undertrained staff simply do not have the capacity to meet every resident’s needs. In others, neglect results from a complete breakdown in supervision or from policies that prioritize profits over people. Regardless of the cause, neglect can lead to a viable case for compensation.

Common signs of nursing home neglect include bedsores, unexplained weight loss, poor personal hygiene, untreated infections, dehydration, and sudden emotional withdrawal. Residents may be left alone for extended periods, fail to receive medication on time, or miss medical appointments. These aren’t just lapses; they are dangerous omissions that can escalate quickly without intervention.

Neglect is one of the most common forms of elder abuse in long-term care settings. It often goes unreported, especially when victims are nonverbal, cognitively impaired, or fearful of retaliation. Families should be alert to any changes in a loved one’s appearance or medical condition that don’t have a clear explanation.

At Crim Law, we believe that neglect is never acceptable. Every resident deserves to be treated with compassion, respect and dignity, and we are ready to act when that is not the case. If you suspect that your loved one has been harmed due to neglect in a living facility, we can help you investigate the situation and take legal action against those responsible.

How Nursing Home Abuse and Neglect Can Happen

Nursing home abuse and neglect are often the result of systemic problems within a care facility as opposed to isolated incidents. While some cases involve intentional harm, many stem from issues from mistakes made by owners or management. Regardless of the cause, the outcome is the same—residents suffer when facilities fail to uphold their duty of care. Understanding how these failures occur is the first step toward preventing further harm and seeking justice.

Staff Shortages

One of the leading contributors to both neglect and physical abuse in nursing homes is staff shortages. When facilities are understaffed, caregivers are often overworked and forced to care for more residents than they can reasonably manage. This leads to rushed care, skipped safety protocols, and a lack of attention to residents’ individual needs. In extreme cases, overwhelmed staff may lash out or ignore residents who require urgent assistance. Staff shortages also mean less supervision, which increases the risk of falls or medication errors.

Inadequate Training

Nursing home staff must be trained not only in medical care but also in how to handle patients with dementia, mobility issues, or behavioral conditions. Unfortunately, many facilities fail to provide sufficient training, especially for lower-wage caregivers. Without proper instruction, staff can make the kind of avoidable mistakes that can lead to life-altering injuries for nursing home residents. Inadequate training can also result in emotional or verbal abuse when staff members don’t know how to respond to difficult behaviors in a compassionate, professional manner.

Lack of Supervision and Oversight

Even when a facility is properly staffed, a lack of internal supervision can allow neglect and abuse to flourish. Poorly managed nursing homes may fail to enforce safety protocols, ignore complaints from residents and families, or allow dangerous staff members to remain employed. Without clear accountability, small oversights can escalate into serious incidents, including untreated illnesses, wandering and elopement, or repeated falls. Effective supervision is crucial to maintaining a safe environment and preventing elder abuse in any living facility.

Why You Need Experienced West Virginia Nursing Home Neglect Attorneys

When a loved one has suffered harm in a nursing home, it’s natural to feel angry, betrayed, and overwhelmed. You may not know where to turn or how to prove what happened. That’s why working with an experienced West Virginia nursing home abuse attorney is not just helpful—it’s essential. Nursing home abuse and neglect cases are legally complex and emotionally charged. A skilled attorney can guide you through the process, protect your loved one’s rights, and hold the facility accountable for its wrongdoing.

First, nursing home cases require a deep understanding of both state regulations and healthcare standards. These cases often involve violations of state regulations and federal guidelines issued by the Centers for Medicare & Medicaid Services. Proving that a living facility failed to meet its legal obligations means collecting the right evidence, from care logs and medical records to witness statements and expert opinions. An experienced attorney knows what to look for and how to build a compelling claim.

Second, elder abuse cases frequently involve stonewalling from the facility. Staff may be coached not to speak openly, and administrators may deny wrongdoing or attempt to shift the blame onto the resident. A seasoned attorney will know how to navigate these tactics, compel discovery, and expose the truth through a thorough investigation. At Crim Law, we have the resources to uncover systemic issues that can put nursing home residents at risk of abuse or neglect.

Additionally, a lawyer can help you understand the full extent of the damages available through a civil lawsuit. Victims and families may be entitled to compensation for medical expenses, pain and suffering, emotional distress, relocation costs, and even punitive damages in cases of egregious misconduct. Without legal representation, you may settle for far less than you deserve—or worse, miss the opportunity to file a claim at all.

Finally, having West Virginia nursing home neglect attorneys sends a powerful message: you’re serious about justice. Our law firm approaches every case with compassion, integrity, and tenacity. We don’t just fight for compensation, we work to make sure that no other family suffers the same mistreatment. If you believe your loved one has been harmed by nursing home abuse or neglect, our team is ready to stand with you.

Statute of Limitations for Nursing Home Abuse and Neglect in West Virginia

One of the most important legal considerations in any nursing home abuse or neglect case is the statute of limitations, which is the deadline for filing a civil lawsuit. In West Virginia, victims of nursing home abuse or neglect must file suit within one year of the date of the medical injury or death, or within one year of the date the person discovers, or with the exercise of reasonable diligence, should have discovered the injury or death, whichever last occurs.

Understanding when the clock starts ticking can be more complicated than it seems. In some cases, the harm may not be immediately obvious. For instance, a pressure ulcer or infection might develop over time, or the emotional impact of abuse may take weeks or months to become apparent. If the abuse was hidden or actively concealed by the facility, the statute of limitations may be paused—or “tolled”—until the discovery of the misconduct.

There are also exceptions for certain individuals. If the victim is mentally incapacitated, such as a person with advanced dementia, the statute of limitations may be extended. Additionally, in cases involving wrongful death, the one-year clock typically begins on the date of the resident’s passing. Because these rules can vary depending on the facts, it’s critical to consult a knowledgeable West Virginia nursing home abuse attorney as soon as you suspect abuse or neglect.

Missing the statute of limitations can have serious consequences. If the deadline passes before you file a lawsuit, the court may dismiss your case entirely—regardless of how strong your evidence is. That’s why early legal action is crucial. The sooner an attorney can begin gathering records, interviewing witnesses, and preserving evidence, the stronger your case will be.

At Crim Law, we help families throughout West Virginia understand their legal rights and timelines. We act quickly and decisively to make sure no deadlines are missed and no opportunity for justice is lost. If you have questions about how much time you have to file a nursing home abuse lawsuit, contact our office for a free consultation. We’ll help you determine your options—and take the steps needed to protect your loved one.

Investigating Nursing Home Abuse & Neglect Claims

Accusations of nursing home abuse and neglect can prompt several different legal claims.  A prompt and thorough investigation must be conducted after an incident to determine what occurred and who is to blame.

Medical professionals are often held to a higher standard of responsibility because of their experience and training. If they do not live up to the standard of care expected of a prudent person in the same situation, they may face malpractice claims if a resident is injured.

Nursing home staff and operators are often sued for negligence over alleged neglect or abuse. Staff and operators must help keep residents safe by addressing hazards, warning residents of potential dangers, monitoring those in their care, and ensuring that residents’ basic needs are met.

At Crim Law, we have significant experience investigating allegations of nursing home neglect and abuse in various scenarios. We also have a strong track record of resolving these claims efficiently and on optimal terms for our clients.

Speak With a West Virginia Nursing Home Abuse & Neglect Attorney

If you or a loved one has been injured due to the negligence, abuse, or neglect that occurred at a nursing home or long-term care facility, the attorneys at Crim Law will work to see that your interests are protected, the facility is held accountable, and you obtain the compensation you deserve.  

Our office is conveniently located in Clarksburg, and we are pleased to serve clients throughout the region. Contact us by phone or online to schedule a free initial consultation with one of our West Virginia nursing home abuse & neglect attorneys.

Frequently Asked Questions

1. What kind of lawyer do I need to sue a nursing home?

To sue a nursing home for abuse or neglect, you need a personal injury lawyer with experience in elder abuse and nursing home litigation. These cases are complex and require knowledge of both healthcare standards and civil liability laws. An attorney who specializes in this area can review medical records, identify violations of care, consult experts, and file suit against facilities or individual caregivers. At Crim Law, our attorneys have a strong track record representing victims of nursing home abuse throughout West Virginia. We understand the emotional stakes and are committed to protecting the rights of vulnerable residents.

2. How hard is it to prove nursing home neglect?

Proving nursing home neglect can be challenging, but it is absolutely possible with the right evidence and legal strategy. Many cases hinge on medical records, facility logs, witness statements, and expert testimony that show a deviation from standard care. Some signs of neglect—like bedsores, dehydration, or unexplained infections—can point directly to systemic issues like understaffing or lack of supervision. However, facilities often deny wrongdoing or try to shift blame onto the resident. That’s why working with an experienced nursing home abuse attorney is essential. We know what to look for and how to build a strong case.

3. How much can you sue a nursing home for negligence?

In West Virginia, the amount you can sue for in a nursing home abuse or neglect case depends on the type of damages involved. The state places a cap on non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life. For most cases, the cap is $250,000, but if the malpractice results in death, permanent and substantial physical deformity, loss of use of a limb, loss of a bodily organ system, or permanent physical or mental functional injury that prevents a person from being able to independently care for himself, the cap increases to $500,000. However, economic damages like lost wages, future medical care, and other measurable financial losses are not capped. A knowledgeable attorney can help you calculate the full value of your case and pursue every avenue of compensation.

4. How do I report nursing home neglect in West Virginia?

If you suspect a loved one is being neglected in a nursing home or assisted living facility, you should report it immediately. In West Virginia, you can contact Adult Protective Services (APS) through the Department of Health and Human Resources by calling 1-800-352-6513. You can also report directly to the Office of Health Facility Licensure and Certification (OHFLAC), which oversees long-term care standards. However, filing a complaint is just the first step. Consider speaking with an attorney who can help investigate further and file a civil lawsuit to hold the facility legally and financially accountable.

5. What evidence is needed for a neglect claim?

Strong evidence is essential to prove nursing home neglect. This may include medical records showing untreated conditions like infections or bedsores, photographs of injuries, witness statements, and documentation of complaints filed with the facility. Logs showing missed medications, poor nutrition, or failure to follow care plans can also support your case. Expert testimony is often necessary to explain how the facility’s actions—or inaction—deviated from accepted standards of care. Family observations, such as sudden weight loss or emotional changes, can help paint a fuller picture. An attorney will gather and organize this evidence to build a compelling claim.

6. Can I sue if my loved one died from nursing home neglect?

Yes, if a loved one dies due to nursing home neglect or abuse, you may have grounds to file a wrongful death lawsuit. These cases can arise when poor care leads to fatal infections, falls, malnutrition, medication errors, or untreated conditions. A wrongful death suit allows surviving family members to recover compensation for medical bills, funeral costs, loss of companionship, and pain and suffering. In West Virginia, only certain relatives or estate representatives may file such a claim, and it must be brought within the statute of limitations. An attorney can help you take action during this difficult time.

7. How long do I have to file a nursing home abuse lawsuit in West Virginia?

West Virginia’s statute of limitations for nursing home abuse and neglect cases is generally one year from the date the injury or death occurred or was discovered. However, determining the exact timeline can be complicated, especially if the resident was incapacitated or the abuse was hidden. In some cases involving fraud or concealment, the clock may be paused until the abuse is discovered. Because missing the deadline can permanently bar you from seeking justice, it’s critical to speak with a lawyer as soon as possible. Crim Law can evaluate your case and help ensure your claim is filed on time.