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The Madison CBRF neglect and abuse lawyers at Boller & Vaughan are passionate about helping mistreated seniors obtain the justice and compensation they deserve after abuse and neglect at the hands of those who are entrusted with their care.
Our elders deserve the best care, especially when they’re no longer able to care for themselves. When we choose an assisted living or community-based residential facility to care for our aging loved ones, it’s with the expectation that they’ll be treated well.
Unfortunately, many residents of these facilities in Wisconsin are subject to substandard care, and some may even experience neglect, abuse, or cruelty.
If you or a loved one has experienced neglect or abuse in a Wisconsin assisted living facility, call (608) 268-0268 for a FREE case evaluation. Our experienced attorneys will fight for justice for your family, including financial compensation for pain, suffering, and expenses.
What is a Community-Based Residential Facility?
In Wisconsin, a community-based residential facility, or CBRF, is a place where five or more unrelated people live together in a community setting. Services provided in a CBRF include room and board, supervision, support services, and up to three hours of nursing care per week.
In comparison, nursing homes are places where five or more unrelated people (also not related to the administrator or operator) reside. Nursing home residents may also receive care or treatment, as well as access to 24-hour nursing services.
Wisconsin law distinguishes various kinds of care facilities, and different standards apply to each. CBRFs are not held to the same legal standards as nursing homes but they still have clear requirements and responsibilities for providing care.
It’s not always easy determining those differences in a facility’s legal duties, and a nursing home abuse attorney at Boller & Vaughan can help.
The state of Wisconsin categorizes abuse in the following ways:
Intentional acts that result in pain, injury, or impairment. Signs of physical abuse may include bruises, open wounds or cuts, broken bones, sprains, dislocations, broken eyeglasses or hearing aids, signs of confinement or restraint, or access denied to aids such as wheelchairs.
Language or behavior intended to cause emotional pain or distress. Signs of emotional abuse may include the resident being passive, withdrawn, nonresponsive, anxious, or fearful. They may blame themselves for the situation. A caregiver or family member may yell, threaten, control, or belittle the individual.
Nonconsensual sexual contact of any kind, including contact with an individual incapable of giving their consent. Signs of sexual abuse may include bruises around the breasts or genitals, unexplained bleeding, pain, or itching around the genitals, or difficulty in walking or sitting.
The illegal or improper use of funds, assets, or property of an individual. Signs of financial exploitation include sudden changes in bank accounts or banking practices, unauthorized withdrawals or transfer of assets, unexplained disappearance of valuable possessions or funds, forged signatures, and more.
Financial exploitation is the second most common reason for reported elder abuse in Wisconsin.
The failure to provide basic needs to an individual: food, water, clean clothing and living conditions, assistance with personal hygiene, medicine, safety, and other essentials.
Signs of neglect include lack of cleanliness or safety in the home, inadequate or spoiled food, weight loss or untreated health problems, neglected bills or finances, and so on.
Some of these signs of abuse are obvious, while others are more subtle. While observing one sign doesn’t automatically mean an individual is being abused, it’s important to be on alert for these red flags in case it does occur.
If your loved one is exhibiting signs of abuse, the CBRF neglect and abuse lawyers at Boller & Vaughan want to hear your story. You risk nothing by calling our office; we offer FREE case evaluations and you don’t pay unless we achieve a favorable outcome in your case.
Community-based residential facilities (CBRFs) are owned and operated by private companies, just like nursing homes and other assisted-living facilities. When a resident experiences neglect or abuse in a CBRF, the company that owns and operates the facility can—and should—be held liable. These companies have a legal duty to ensure the safety of their residents; and, when they fail to meet this duty, they deserve to be held fully accountable for the physical trauma, psychological trauma, and financial costs their residents endure.
Residents and families have three years to file a claim for CBRF neglect or abuse in most cases. This three-year period typically starts running on the date of the neglect or abuse. When a CBRF resident experiences ongoing neglect or repeated abuse over an extended period of time, the three-year period runs from the last day on which the neglect or abuse occurs.
But, while residents and families may have up to three years to take legal action, we strongly recommend speaking with our Madison CBRF CBRF neglect and abuse lawyers right away. More often than not, neglect or abuse in a community-based residential facility is not a one-time event; and, in many cases, residents’ circumstances will continue to worsen without intervention. Our CBRF neglect and abuse lawyers are available to help, and we invite you to contact us for a free, no-obligation consultation.
If your loved one has experienced neglect or abuse in a Wisconsin CBRF, our attorneys can help you take legal action on your loved one’s behalf. We can deal with your loved one’s CBRF directly; and, if necessary, we can help you file a lawsuit in court. We handle all CBRF neglect and abuse cases at no out-of-pocket cost to our clients.
We strongly encourage you to contact our Madison CBRF neglect and abuse lawyers as soon as you have concerns about neglect or abuse in a Wisconsin community-based residential facility. There is no reason to wait, and there are lots of reasons to seek help as soon as possible. Our CBRF neglect and abuse lawyers are available to speak with you in complete confidence. We can help you understand your situation and your legal rights, and we can help you make informed decisions about your next steps. We will provide these services at no cost to you.
Your initial consultation with our lawyers is FREE. During your consultation we will evaluate the merits of your case and give you our honest opinion of whether or not it is worth pursuing.
There are many forms of CBRF neglect and abuse, all of which have their own signs, symptoms, and long-term effects. As a result, if you have any concerns for any reason, we urge you to seek help right away. Some of the most common signs of CBRF neglect and abuse include:
If you have a claim for CBRF neglect or abuse, the value of your claim depends on the specific physical, psychological, and financial costs of your (or your loved one’s) mistreatment. Generally speaking, Wisconsin law allows for the recovery of both financial and non-financial losses, and everyone’s losses are unique to them. With this in mind, the types of losses that are generally available to residents and families in CBRF neglect and abuse cases include:
The CBRF neglect and abuse lawyers at Boller & Vaughan help residents and families take legal action when necessary. Depending on the circumstances involved, this may involve working with the CBRF (or its insurance company), engaging with the Wisconsin Department of Health Services, or going to court. Neglect and abuse can both have significant and long-term effects, and these are effects for which financial compensation is available under Wisconsin law.
Beyond taking legal action, a CBRF neglect and abuse attorney can also help you understand your situation, make informed decisions, and feel confident in your next steps. If you would like to speak with a CBRF neglect and abuse attorney in Wisconsin, we encourage you to contact us promptly for a free and confidential consultation.
If your loved one is in immediate, life-threatening danger, call 911 or local law enforcement to report it immediately.
To talk to someone about suspected elder abuse (a person age 60 and over), contact your county’s elder adult protection agency in Wisconsin.
When you call to report the abuse, you may be asked for information such as:
Following your call, a caseworker will review the report and then determine their next action.
Reporting suspected abuse or neglect is the first step in protecting your loved one from harm. It’s also a good idea to contact a Madison-area attorney experienced in elder abuse cases. A knowledgeable attorney can help you collect evidence and pursue the financial compensation you and your family deserve.
Whether your family utilizes a CBRF, hospice, a nursing home, assisted living, in-home healthcare, or some other such service, you never have to tolerate abuse or neglect. These facilities accept the incredibly important responsibility of caring for your loved ones, and you are justified in expecting the best from them.
If you suspect that you or a loved one has experienced neglect or abuse in a Wisconsin assisted living facility, contact the CBRF neglect and abuse lawyers at Boller & Vaughan online or at (608) 268-0268 for a FREE case evaluation right away. Your initial consultation is free of charge and you pay nothing unless we win your case.
We live in Friendship, Wisconsin, and Boller & Vaughan came to our doorstep to discuss our mother’s wrongful death claim on a Saturday morning. Not only were we pleased with the large recovery, we were so thankful to have lawyers who were willing to explain to us every twist and turn along the way. It is great to know there is a law firm that will fight for the rights of elderly people all over Wisconsin.
Mr. Boller and Ms. Vaughan were incredible in working on my case and my daughter’s case. I was out of work and in the hospital with a new baby. Mr. Boller and Ms. Vaughan protected our rights and it was a pleasure to work with them. I hope never to be in another motor vehicle accident, however, if I am and I am injured, I will contact Boller & Vaughan immediately.
I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!
After my husband died as a result of a motor vehicle accident, Boller & Vaughan spent countless hours talking with me, meeting with me in person, and making sure that I was okay. The drunk driver who hit us did not have any insurance, and we had to make a claim through our own insurance. Boller & Vaughan was fantastic at explaining the law to me and the handling of our claims.
After my son was injured in a daycare setting, Ms. Vaughan took the time to thoroughly investigate our case and my son’s injuries. Michele was approachable and had answers to our questions. Talking with her helped to relieve many of our anxieties.
