The Abuse of Individuals at Risk Act, which is located at Wisconsin Statutes 940.285, is a Wisconsin state law that is designed to penalize those individuals who abuse any individual at risk, which can include both an adult and an elder adult. With a few exceptions, this law provides that any person who intentionally, recklessly, or negligently subjects an individual at risk commits a criminal offense. If the person’s actions result in death, the person can be charged with a Class D or Class C felony, depending on the person’s level of intent. On the other hand, if the actions lead to great bodily harm, the crime is a Class F felony. If the actions are likely to cause great bodily harm, the crime is a Class G or Class I felony, depending on the level of intent. Actions resulting in bodily harm may be either a Class H or Class I felony, again depending on intent. Finally, if a person’s actions are not likely to cause bodily harm, then the crime is a Class B misdemeanor.
It is important to note that the Abuse of Individuals at Risk Act does not apply to staff members at residential care facilities, such as nursing homes and assisted living facilities. There is a separate statute, located at Wisconsin Statutes 940.295, which provides for criminal penalties in these situations.
Boller & Vaughan knows elder abuse law and has the experience to help you through any type of elder abuse claim. No matter what type of nursing home facility abuse or neglect is at issue in your case, we can help. All too often, residents and their families are reluctant to demand justice for situations that occurred in the resident’s care. In this situation, you can count on your Madison elderly abuse attorneys to guide you through every step of the personal injury claims process.
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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.
