Missouri Elopement Lawyers

Did Your Loved One Wander from a Nursing Home?

You should be able to expect that your elderly loved one living in a nursing home will always have proper care and supervision. Yet thousands of cases of elopement or wandering happen at nursing homes across the country every year, some of them resulting in serious or fatal injuries suffered by senior residents.

At the Law Office of Tom Wagstaff Jr., we proudly stand up for the families of nursing home residents who have been injured due to the negligence of nursing home staff and management. Elopement is a serious issue and a clear sign of negligence, so it is only right that you use your rights to demand justice and compensation after it happens. Allow us to be your legal guides during the entire process of filing and managing an elopement claim filed in Missouri, so you can focus on taking care of your family, not legal complications.

We offer our legal services in St. Louis, Springfield, Columbia, St. Joseph, Joplin, Jefferson City, and more. Call (816) 597-4556 to request a free consultation with our firm.

We’re Familiar with Complex Elopement Lawsuits

If your elderly loved one was allowed to elope or wander from a nursing home in Missouri, you’ll want to make sure the law firm you hire to handle your case is up to the challenge. Start by talking with a member of the Law Office of Tom Wagstaff Jr. We have a long history of successful case results in various elopement claims and lawsuits filed on behalf of our clients.

Some of our most recent elopement lawsuit wins include:

• $3 million settlement: A 75-year-old nursing home resident was left unattended, wandered away, and passed away as a result. 
• $2 million settlement: A 74-year-old assisted living resident with Alzheimer's exited the facility by herself and was found deceased 13 days later.
• $736,000+ settlement: A 75-year-old residential care facility resident was able to leave the facility unattended and passed away as a result.
• $250,000 settlement: A 99-year-old nursing home resident left the center unattended and suffered facial and head injuries.

What is Elopement?

Elopement is the term used to describe when a nursing home resident is allowed to leave the nursing home without supervision or permission. Sometimes, elopement or wandering occurs without any staff members at the nursing home even being aware that the elderly resident has left the premises. Oftentimes, elopement results in serious injuries, such as those that occur when an elderly person slips or trips and falls. In the worst-case scenarios of elopement, the nursing home negligence results in the death of the senior, usually due to environmental exposure or wandering into nearby traffic.

The risk of elopement increases due to these factors and more:

• Dementia: Elderly residents with dementia or memory issues are more prone to elopement.
• Inadequate staffing: Nursing homes need to keep ample staff on hand to routinely check on all residents, as well as to keep exit doors monitored.
• Poor communication: Nursing home staff need to communicate with each other to know where all residents are at all times. Also, nursing home residents should be told the rules of the nursing home, which can help reduce the chances of an elderly person using a prohibited door or exit.

Liability in Missouri Elopement Cases

Multiple parties could be liable for elopement when it occurs in a nursing home. Our Missouri elopement lawyers can look into the details of your case to determine who should be liable for what happened. A party that is liable by the standards of a Missouri court can be ordered to pay for the damages and losses suffered by the plaintiff.

Liable parties in a Missouri elopement claim or lawsuit could include:

• Nursing home administrators, owners, or management who failed to run a safe and effective nursing home.
• Nursing home staff members who intentionally neglect their duties; even in such cases, the employer that hired the negligent staff member could still be liable.
• Third parties that visit the nursing home and increase the risk of elopement, such as a vendor or supplier who left a side door open without notifying the nursing home staff.

Damages in Missouri Elopement Cases

Under Missouri liability law, you can demand fair compensation from the nursing home or other liable parties that allowed your elderly loved one to elope or wander and suffer serious injuries. Our legal team knows the types of damages that can apply to these cases and how to calculate them accurately. Our goal is to get you the most compensation possible based on the specifics of your case. By doing so, we can hope to help your family recover from the awful incident. Also, a successful nursing home elopement lawsuit can send a message to the nursing home and others in Missouri: manage the nursing home correctly or face severe circumstances in civil court.

Damages in elopement claims could include the following and more:

• All medical treatment costs related to treating elopement injuries.
• Non-economic damage related to the elder’s pain, suffering, and traumatization.
• Damage related to the family’s emotional suffering if the elderly nursing home resident fatally eloped.

In rare cases, an elopement case may include punitive damages, which are meant to punish the defendant, not compensate the plaintiff for a loss. Missouri courts only approve punitive damages when it can be convincingly proven that intentional wrongdoing or egregious negligence contributed to the plaintiff’s injuries. Also, punitive damages may be capped.