Texas Elder Abuse Lawyer

Abuse of elderly victims is a deeply troubling and unfortunately widespread issue. Annually, nearly 10% of seniors experience some form of elder abuse, and the true number is likely higher since so much of it goes unreported.

Our compassionate Texas elder abuse lawyers are dedicated to helping victims and their family members achieve justice by holding wrongdoers financially and legally accountable.

If you suspect that a loved one is a victim of abuse, schedule a free consultation with our firm. Serving families throughout Dallas and North Texas, Attorney Jeff has helped numerous clients recover compensation in similar personal injury cases, and we can help you, too.

Contact us and schedule a free case evaluation today.

Table of Contents

Do I Need to Hire a Texas Elder Abuse Attorney?
What Qualifies as Elder Abuse Under Texas Law?
Recognizing Signs of Elder Abuse
Who Can Be Held Accountable for Elder Abuse in Texas?
Damages Available in Elder Abuse Cases
Local Resources for Elder Abuse Victims in Dallas

Do I Need to Hire a Texas Elder Abuse Attorney?

No. Hiring an attorney is not always necessary. However, professional legal guidance improves the chances of holding the wrongdoers accountable for their egregious actions.  

Our personal injury law firm provides comprehensive legal guidance designed to protect and safeguard vulnerable senior citizens. Our law office offers the following legal services.

1. Detailed Investigation into the Claim

Our legal team conducts comprehensive investigations to gather critical evidence, including medical records and Texas Health and Human Services Commission (HHSC) facility violation histories, to link abuse directly to the responsible party.

Because facilities often dispute accusations of whether an elderly individual’s injury stems from mistreatment or an underlying condition, we partner with qualified medical experts to provide the testimony needed to establish negligence.

2. Report Abuse and Neglect of the Elderly Person

We coordinate directly with Texas Adult Protective Services (APS), the HHSC, local law enforcement, and other agencies to promptly stop the abuse and ensure your loved one’s immediate safety and well-being.

3. Comprehensive Case Evaluation

Our thorough investigation carefully evaluates the full extent of damages. This includes all medical costs for recovery from the abuse, restitution for financial losses due to theft or coercion, and compensation for pain and suffering resulting from the victim’s mental trauma.

4. Aggressive Negotiations to Reach a Fair Settlement

Most cases are resolved outside of court, but we are prepared to take cases to trial when necessary. Our dedicated elder abuse lawyers aggressively negotiate for fair compensation, and if an agreement isn’t reached, our skilled litigators will advocate for our clients in court.

5. File an Elder Abuse Lawsuit

The elder abuse attorneys from our firm file civil lawsuits to hold wrongdoers, negligent caregivers, and nursing home facilities accountable. We always seek to obtain the maximum possible compensation for damages from the responsible parties on behalf of our clients.

What Qualifies as Elder Abuse Under Texas Law?

Under the Texas Human Resources Code, elder abuse is defined broadly to include the negligent or willful infliction of injury, unreasonable confinement, intimidation, or cruel punishment that results in physical or emotional harm to an elderly individual who is 65 years of age or older. Texas law extends similar protections to adults with a disability who depend on others for daily care.

Abuse can occur in private homes, nursing facilities, assisted living communities, hospitals, or under the supervision of family members or trusted caretakers.

Common Types of Elder Abuse

• Physical Abuse: Any act causing bodily harm, such as hitting, slapping, pushing, or unnecessary restraints
• Emotional Abuse: Verbal and non-verbal mental anguish caused through intimidation, threats, humiliation, or isolation
• Financial Abuse: Misusing funds, stealing assets, forging documents, or coercing an elderly person into financial decisions that don’t serve their interests
• Sexual Abuse: Non-consensual sexual contact or exploitation between a resident and staff members
• Neglect: Failure to provide essential care like food, medical attention, hygiene, or shelter

Recognizing Signs of Elder Abuse

Recognizing the signs of abuse is the first step in protecting elderly loved ones from further harm. Our law firm is committed to helping you understand elder abuse, identify potential warning signs, and navigate the legal options available in Texas.

Physical Abuse

Physical abuse involves the intentional infliction of physical harm or injury. Common signs include:

• Bruises, cuts, or unexplained injuries
• Broken bones or sprains
• Sudden behavioral changes or fear of caregivers

Emotional and Psychological Abuse

Psychological abuse includes threats, humiliation, intimidation, isolation, or other emotionally harmful tactics that inflict verbal and non-verbal mental anguish on a senior. Common signs include:

• Withdrawal or isolation from friends and family
• Unusual changes in behavior or mood
• Depression, anxiety, or fearfulness

Sexual Assault

Sexual abuse is any non-consensual sexual act. Common signs include:

• Unexplained sexually transmitted disease signs or infections
• Bruises around sensitive areas
• Emotional distress or unusual fear around particular caregivers

Financial Abuse

Financial harm involves the unauthorized use or theft of an elderly person’s money or assets. Common signs include:

• Sudden changes in finances or unusual withdrawals of funds from bank accounts
• Outright theft, including missing valuables or property
• Unauthorized changes in wills, trusts, or legal documents

Neglect or Abandonment

Neglect is the failure to provide adequate care and support to elderly persons, causing harm or discomfort. Common signs include:

• Decline in physical health, such as malnutrition or dehydration
• Unsanitary or unsafe living conditions
• Untreated medical conditions

If you suspect your loved one is experiencing any form of elder abuse or neglect, it is crucial to seek immediate legal help. Our experienced elder law attorneys can quickly investigate, intervene, and help stop the abuse.

Texas Elder Abuse Laws: Protecting the Vulnerable

Texas protects elderly residents through a mix of civil remedies, criminal penalties, and state oversight. Relevant laws in most elder abuse cases often involve the following.

• Human Resources Code Chapter 48 governs investigations into abuse, neglect, and exploitation of elderly and disabled adults, defines an “elderly person” as someone 65 or older, and requires reporting suspected abuse to DFPS. Mandatory reporters include doctors, nurses, and social workers, and failing to report is itself a criminal offense.
• Health and Safety Code Chapter 242 regulates licensed nursing facilities, with abuse and neglect inside those facilities investigated by HHSC.
• Penal Code Section 22.04 makes injury to an elderly or disabled individual a criminal offense, and Section 32.53 does the same for financial exploitation. Depending on severity, these offenses can lead to criminal charges ranging from a state jail felony to a first-degree felony, with fines, penalties, and imprisonment. When conduct meets the felony threshold under Section 22.04, the standard cap on punitive damages under Civil Practice and Remedies Code Section 41.008 no longer applies. Victims of scams or deceptive consumer transactions can also seek damages under the Deceptive Trade Practices Act.

Guardianship, Power of Attorney, and Financial Exploitation

Elder law includes estate planning, probate, and guardianship, and many elder abuse cases intersect with this area of practice. Some involve someone holding formal legal authority over a senior’s finances or medical decisions through a court-ordered guardianship or power of attorney. Guardianship proceedings can occur without any prior planning documents in place, particularly when a senior becomes incapacitated suddenly.

That authority comes with a duty to act in the senior’s best interest and honor their wishes. When a guardian or agent instead begins misusing funds or serving their own interests, that conduct can amount to both elder abuse and a breach of fiduciary duty.

Adult Protective Services caseworkers and social workers frequently uncover this type of exploitation during welfare checks and facility investigations, and their findings can become important evidence in a civil claim. Many elder law services use flat-fee billing for transparency.

Who Can Be Held Accountable for Elder Abuse in Texas?

Texas Adult Protective Services investigated close to 117,000 cases of elderly and disabled abuse statewide last year, with more than 84,000 confirmed. These numbers likely understate the true scope of the problem, since elder abuse frequently goes unreported.

Legal action can target a wide range of individuals and organizations responsible for elder abuse and neglect. Common parties in Texas elder abuse lawsuits include:

• Caregivers and staff at nursing homes or assisted living facilities
• Medical professionals, nurses, and physicians who neglect their duties
• Family members, guardians, or personal caregivers who commit physical or financial abuse
• Facility management and ownership responsible for substandard care or unsafe conditions

Our elder abuse attorneys conduct detailed investigations to identify all responsible parties, ensuring accountability at every level, from frontline caregivers to corporate ownership groups that operate multiple facilities across Dallas and North Texas.

Damages Available in Elder Abuse Cases

Elderly victims and their families often face significant financial and emotional costs due to mistreatment by their abusers. Our elder abuse lawyers strive to secure the highest possible recovery that fairly compensates victims. Depending on the facts of your case, you may be entitled to recover a range of damages, including:

• Diminished quality of life or enjoyment of life
• Emotional abuse, trauma, and mental anguish
• Financial exploitation losses
• Legal fees and court costs
• Loss of consortium
• Medical treatment, rehabilitation, and long-term care costs
• Physical pain and mental suffering
• Exemplary (punitive) damages for especially egregious misconduct, which may exceed the standard statutory cap when the conduct rises to a felony under Penal Code Section 22.04
• Wrongful death damages

Our priority is obtaining full and fair compensation for victims, enabling them and their families to restore stability and security to their lives.

Local Resources for Elder Abuse Victims in Dallas

Victims of elder abuse in Dallas have access to local legal aid resources and state hotlines for protection, in addition to their legal options through a private attorney. These include:

• Legal Aid of NorthWest Texas: Offers free civil legal services to low-income residents and older adults across North and West Texas, including help with consumer issues, housing, and protection from abuse.
• Texas Legal Services Center: Through its Legal Hotline for Texans, provides free legal advice to Texans aged 60 and older on issues including consumer protection, guardianship, powers of attorney, and estate planning, and can point callers toward representation resources when needed.
• Dallas County Elder Financial Safety Center: A partnership between the Senior Source, the Dallas County Probate Courts, and the Dallas County District Attorney’s Office that provides a unified approach to combating financial elder abuse through prevention, protection, and prosecution services.
• Texas Abuse Hotline (DFPS): 1-800-252-5400 or txabusehotline.org
• HHSC Complaint Hotline: 1-800-458-9858, for abuse or neglect inside a licensed nursing facility

Texas Elder Abuse FAQs

What is the statute of limitations for elder abuse lawsuits in Texas?

Most personal injury claims, including elder abuse claims, must be filed within two years from the date the cause of action accrues. Exceptions can apply depending on the facts, so prompt action is important. An elder abuse lawyer can help you determine your specific deadline.

What if my elderly loved one passed away due to abuse or neglect?

Texas allows families to pursue a wrongful death lawsuit against the parties responsible. Under Section 16.003(b), a wrongful death claim generally must be filed within two years of the date of death.

Is neglect from a nursing home or assisted living facility considered elder abuse?

Yes. While physical abuse involves deliberate harm and neglect involves a failure to provide proper care, both can cause serious harm to an elderly resident. Facilities can be held accountable for neglect in the same manner as individual perpetrators of abuse.

How can I look up previous violations at a Texas nursing facility?

The Texas Health and Human Services Commission maintains inspection, survey, and complaint records for licensed nursing facilities. Families can also review facility performance through the federal Medicare Care Compare tool. Additionally, our legal team can help interpret these findings and advise you on the most appropriate next steps.

Do scams qualify as elder abuse in Texas?

Yes. Financial exploitation of an elderly person, including through scams and fraudulent schemes, is addressed both civilly and criminally under Texas Penal Code Section 32.53, and victims can often pursue additional civil remedies under the Deceptive Trade Practices Act when the exploitation involved a deceptive consumer transaction. Older adults are especially vulnerable to financial scams due to age-related factors, social isolation, and unfamiliarity with modern technology. Common elder-targeted scams include:

• Social Security fraud and identity theft
• Reverse mortgage fraud
• Fake investment seminars
• Annuity fraud schemes
• Multilevel marketing schemes

How can I report elder abuse in Texas?

If you suspect an elderly individual is being harmed through abuse or neglect, several channels are available:

• Texas Abuse Hotline (DFPS): Call 1-800-252-5400 or file a report at txabusehotline.org. This line handles abuse occurring in homes and community settings.
• HHSC Complaint Hotline: Call 1-800-458-9858 to report abuse or neglect occurring inside a licensed nursing facility.
• Local Police or Fire Departments: Report immediate danger or urgent abuse to local emergency responders by calling 911.

Choose an Experienced Elder Law Firm in Dallas, TX

Navigating elder abuse claims requires compassion, skill, and dedication. Our Texas law firm has a proven track record of protecting senior citizens’ rights and delivering results. Here is what to expect when hiring our award-winning legal team to take on your case:

• A compassionate, client-focused approach throughout the legal process
• Legal assistance for dealing with insurance adjusters
• A relentless pursuit to seek justice and accountability
• Extensive experience specifically in elder abuse and elder law matters
• Free case check
• No fees unless we win your case

Schedule a Free Consultation with a Texas Elder Abuse Lawyer Today

For a confidential case evaluation, schedule a consultation with our Texas elder abuse lawyers today. Our firm’s intention is to help your case succeed. You don’t have to fight this battle alone. Jeff’s got you.

Other Practice Areas Our Texas Personal Injury Law Firm Specializes In

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About the Author

JEFFREY FAYNGOR, ESQ.

Jeffrey Fayngor is the founder of Attorney Jeff Car Accident Lawyer and an experienced personal injury attorney dedicated to representing accident victims. He earned his J.D. from Whittier College School of Law and has recovered over $120 million for injured clients. He has built his practice around helping injury victims protect their rights and pursue the compensation they deserve.