Entrusting the care of your loved one to a facility can be emotional and scary. The majority of facilities do well to provide quality care that allows residents to thrive. However, they sometimes fail at this. When that happens, residents suffer, and they deserve the opportunity to seek justice against their abusers and claim compensation for the injuries and damages they incurred with the support of a Butte sexual abuse lawyer.
At Everett Cook Law, we have a Butte nursing home sexual assault and battery lawyer who is experienced in these kinds of cases and ready to help you and your family.
Why Choose Us at Everett Cook Law?
At Everett Cook Law, we offer experienced attorneys who are committed to helping you recover the compensation you need to care for your loved one effectively:
- We have more than 5 decades of experience
- We boast a track record of positive case results when protecting the rights of injury victims in Montana
- We work on contingency to support accessibility to legal aid regardless of your financial situation
Everyone deserves support after suffering abuse, especially at the hands of a trusted individual or institution. We are here to help you get what you need to heal and hold your abusers accountable.
What is Nursing Home Sexual Assault and Battery?
The legal definition of sexual abuse and battery in Montana is outlined in the Montana Penal Code Chapter 5.502 as sexual contact with another without their knowledge or consent. While Butte nursing home residents may be cognitively able to consent to sexual contact with peers or loved ones, it is illegal for staff or caregivers to engage in such interactions based on their classification as a vulnerable adult.
These protections mean that any sexual contact with a resident may be considered sexual assault or battery.
Who Can Be Held Responsible for Sexual Assault and Battery in Nursing Homes?
Most cases of sexual assault or battery in a nursing home are not the result of a single individual, and we would often consider looking at multiple parties. For example, if the abuse is ongoing or involves multiple residents, we may consider addressing concerns about negligence in hiring, training, and oversight on the facility’s behalf.
With rare exceptions, both the perpetrator and facility will share some degree of responsibility for the abuse of your loved one.
How Long Do I Have To File a Nursing Home Abuse Claim in Montana?
If you are pursuing a personal injury action for the sexual abuse or battery of a loved one in a Butte nursing home, you typically must do so within the 3-year statute of limitations. This allows 3 years from the date of the incident or the date of discovery. Though several factors can change this timeframe, you may be best informed by speaking with an attorney about your case.
Call Our Butte Nursing Home Sexual Assault & Battery Attorney Today
If you suspect your loved one has been sexually abused or battered in a Butte, Montana, nursing home, you may have several options for support and accountability. You can call us today to schedule a free case evaluation and learn more about what comes next.