Elder Abuse & Neglect

Elder Abuse & Neglect Attorney in Lexington

Protecting Vulnerable Adults in In-Home, Community & Facility Settings

Elder abuse extends well beyond nursing home walls. It happens in private homes, community settings, and financial relationships, often carried out by people a family trusted most. South Carolina law defines a vulnerable adult as a person 18 or older whose physical or mental condition substantially impairs their ability to provide for their own care or protection, including those impaired by advanced age. When that trust is broken and harm results, families deserve clear legal guidance and a firm prepared to act.

The Rick Hall Law Firm, LLC has served individuals and families throughout South Carolina since 1982. We handle the full range of elder abuse and neglect cases, including in-home caregiver harm, financial exploitation, and community-based mistreatment, not only situations involving licensed facilities. Our team is available 24/7, and we offer free consultations.

If you suspect an elderly loved one is being harmed or exploited, don’t wait to get answers. Call our elder abuse attorneys in Lexington any time, day or night, at (803) 590-9900.

Types of Elder Abuse & Neglect Under South Carolina Law

South Carolina’s Omnibus Adult Protection Act (SC Code 43-35-5 et seq.) recognizes three core categories of harm: abuse (encompassing both physical and psychological forms), neglect, and exploitation. Each can occur in a facility, a private home, or any other setting.

  • Physical abuse: Intentionally inflicting or allowing physical injury, including hitting, inappropriate use of medication to control behavior, and unreasonable confinement.
  • Psychological abuse: Deliberately subjecting a vulnerable adult to threats, harassment, or intimidating behavior that causes fear, humiliation, or serious emotional distress.
  • Financial exploitation: Unauthorized use of a vulnerable adult’s money, property, or credit; scams; unauthorized asset transfers; and misuse of a power of attorney or other fiduciary relationship.
  • Neglect: Failure to provide food, water, medication, hygiene, or medical care necessary for health and safety.

Warning Signs Lexington Families Should Know

Many instances of elder abuse go unreported because victims fear retaliation, feel shame, or depend on the abuser for daily care. Regular contact with an elderly loved one, even by phone or video, is one of the most effective ways to detect problems early.

Physical Indicators 
Unexplained injuries, bruises, burns, bedsores or pressure ulcers, sudden weight loss, dehydration, and poor hygiene.

Behavioral Indicators 
Sudden withdrawal from social activities, unusual fear or anxiety around certain caregivers, depression, and changes in mood or personality.

Financial Indicators 
Unexplained withdrawals from bank accounts, unpaid bills despite adequate income, missing valuables, and recent changes to wills or financial documents.

Who Can Be Held Responsible

Civil liability in elder abuse cases reaches a wider range of parties than many families expect. In-home caregivers can be personally liable for abuse, neglect, or exploitation even when working in a private residence. When harm occurs at a licensed facility, liability can extend to the facility itself for negligent hiring, inadequate training, or failure to supervise staff.

Other potentially liable parties include facility administrators, home health agencies, family members or legal guardians who misuse their authority, financial advisors, and third-party medical providers.

South Carolina Law & Reporting Resources

South Carolina’s Omnibus Adult Protection Act governs the protection of vulnerable adults statewide. Under SC Code Section 43-35-25, named professionals, including healthcare providers, caregivers, and social workers, who have reason to believe a vulnerable adult has been or is likely to be abused, neglected, or exploited are required to report. Any other person with actual knowledge of abuse, neglect, or exploitation is also required to report. Knowingly and willfully abusing or neglecting a vulnerable adult is a felony. When the abuse results in death, the penalty can reach 30 years imprisonment.

Three agencies handle reports depending on the setting:

  • Adult Protective Services (APS), SC Department of Social Services: Investigates noncriminal reports in non-facility settings under SC Code Section 43-35-15.
  • Long-Term Care Ombudsman Program (SC Office on Aging): Handles noncriminal investigations in licensed long-term care facilities. Toll-free: (803) 590-9900.
  • SLED’s Vulnerable Adults Investigations Unit (VAIU): Receives and coordinates reports of criminal abuse, neglect, or exploitation. 24/7 hotline: (803) 590-9900.

The civil statute of limitations under SC Code Section 15-3-530 generally allows three years from the date of injury or its discovery to file an elder abuse claim. Evidence degrades quickly, and early legal consultation can help protect both the victim and the family’s options.

What Compensation May Be Available

A civil elder abuse claim in South Carolina can seek damages for medical expenses tied to abuse-related injuries, pain and suffering, emotional distress, and recovered financial assets in exploitation cases. Families may also recover costs associated with relocating a loved one to a safer care environment. When courts find egregious or willful conduct, punitive damages may also be awarded.

When elder abuse or neglect results in death, surviving family members may be able to pursue a wrongful death claim against the responsible parties.

Steps to Take When You Suspect Abuse

Acting quickly can make a real difference. If a loved one is in immediate danger, call 911 first. Once they’re safe, the following steps can help protect both them and any future legal claim.

  • Document everything: photographs of visible injuries, written notes on behavioral changes, financial statements, and records of communications with caregivers or facilities.
  • Report to the appropriate agency: APS for non-facility settings, the Long-Term Care Ombudsman for facility settings, or SLED’s VAIU for criminal conduct.
  • Contact an attorney as early as possible. Medical records, caregiver logs, financial records, and witness accounts all degrade over time.

We help Lexington families understand which agency to contact, how to communicate effectively, and what to document. We handle communications with all involved parties so you can focus on your loved one.

Why Lexington Families Choose The Rick Hall Law Firm, LLC

We’ve served South Carolina individuals and families since 1982, bringing more than 40 years of personal injury experience to elder abuse and neglect cases. Our firm has recovered millions of dollars in verdicts and settlements across our personal injury practice. We’re available 24/7: nights, weekends, and holidays. We offer home and hospital visits when clients can’t come to us. We represent clients throughout South Carolina, and when a fair resolution isn’t possible through settlement, we’re prepared to take the case to trial.

Speak with an Elder Abuse Lawyer in Lexington Today

If you believe an elderly loved one is being harmed, neglected, or financially exploited, you don’t have to navigate this alone. The Rick Hall Law Firm, LLC offers free, confidential consultations and is available around the clock. Call us now at (803) 590-9900to speak with an elder abuse attorney in Lexington.

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    The plaintiff and her two children, causing severe burns which resulted in extensive burn treatment, including skin grafts.

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    The plaintiff was struck in the neck by a shell fired from a defective Sixteen Shot Super Stallion causing severe burn injuries to neck that required multiple surgeries.

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