Abuse of elderly victims is a deeply troubling and unfortunately widespread issue, impacting thousands of seniors every year. Our compassionate California elder abuse lawyers are dedicated to helping victims and their families achieve justice by holding the wrongdoers financially and legally accountable.
If you suspect that a loved one is a victim of elder abuse, contact us for a free consultation. Attorney Jeff Car Accident Lawyer has helped numerous clients recover compensation in similar personal injury cases. We can help you, too.
Table of Contents
The Advantages of Working With an Elder Abuse Attorney
What Is Elder Abuse?
Common Signs of Elder Abuse
California Elder Abuse Laws
Who Is Liable in an Elder Abuse Case?
Compensation for Elder Abuse
How an Elder Abuse Attorney Can Help You
At our personal injury law firm, we provide comprehensive legal assistance designed to protect vulnerable senior citizens, ensuring justice. Our law offices offer the following legal services:
Investigate Your Claim
Our legal team conducts comprehensive investigations to gather critical evidence. This involves reviewing medical records to establish when the abuse occurred, examining the nursing home’s history for any citations or violations, and searching for additional evidence to connect the abuse directly to the responsible party.
Report Abuse and Neglect
We coordinate directly with Adult Protective Services (APS), local law enforcement, and other agencies to promptly stop the abuse, ensuring your loved one’s immediate safety and well-being.
Comprehensive Case Evaluation
Our thorough investigation will also carefully evaluate 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 caused by the abuse.
Aggressive Negotiations to Reach a Fair Settlement
While many cases are resolved outside of court, 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.
File an Elder Abuse Lawsuit
The elder abuse attorneys from our firm file civil lawsuits to hold wrongdoers, negligent caregivers, and/or 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?
Elder abuse is defined as any form of mistreatment that causes harm or risk of harm to an elderly individual. It can occur in homes, nursing facilities, assisted living communities, hospitals, or even under the supervision of family members or trusted caretakers.
Common Risk Factors of Elder Abuse in California
- Physical Abuse: Any act causing bodily harm, such as hitting, slapping, pushing, or unnecessary restraints
- Emotional Abuse: Psychological harm through intimidation, threats, humiliation, or isolation
- Financial Abuse: Misuse or theft of assets, forgery, fraud, or coercion into financial decisions
- 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 Abuse of a Dependent Adult
Recognizing 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.
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. 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 from bank accounts
- Outright theft – 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 – malnutrition or dehydration
- Unsanitary or unsafe living conditions
- Untreated medical conditions
If you suspect your loved one is experiencing any form of elder abuse and neglect, it is crucial to seek immediate legal help. Our experienced elder abuse attorneys can quickly investigate, intervene, and help stop the abuse.
California Elder Abuse Laws: Protecting the Vulnerable
Laws protecting the elderly were enacted because criminal prosecutions against abusers of the elderly, infirm, and dependent adults are rare. Additionally, civil actions for elder abuse were uncommon, often due to an insufficiency of clear and convincing evidence, court delays, or a lack of incentive to pursue the case.
California was one of the first states to implement legal safeguards specifically designed to address elder abuse. The Elder Abuse and Dependent Adult Civil Protection Act of 1982 provides civil remedies to protect seniors from various forms of mistreatment, including abuse, neglect, and exploitation.
Under this Act, elderly victims and their families have the right to:
- File civil lawsuits to hold negligent facilities or other abusers accountable
- Pursue compensation for medical bills, emotional distress, pain and suffering, and punitive damages
- Hold facilities, caregivers, or nursing home employees accountable for violations of elder care standards
California courts take elder abuse claims very seriously and impose severe consequences for those who exploit vulnerable senior citizens. Our experienced elder abuse attorneys understand these laws thoroughly, ensuring maximum compensation and justice for our clients.
Who Can Be Held Accountable for Elder Abuse?
According to the Department of Justice (DOJ), approximately 10% of adults aged 65 and older experience some form of abuse annually. However, these numbers may significantly underestimate the actual prevalence, as elder abuse frequently goes unreported.
Legal action can target individuals or organizations responsible for elder abuse and neglect. Common parties in 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 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.
Damages Available in Elder Abuse Cases
Elderly victims and their families often face significant financial and emotional costs due to the mistreatment by their abusers. Our elder abuse lawyers strive to secure the highest possible recovery that fairly compensates victims. The following damages may be compensated for elder mistreatment:
- Diminished quality of life or enjoyment of life
- Emotional abuse, trauma, and mental anguish
- Financial exploitation
- Legal fees and court costs
- Loss of consortium
- Medical treatments, rehabilitation, and long-term care
- Physical pain and mental suffering
- Punitive damages for especially egregious misconduct
- Wrongful death damages
Our priority is obtaining full and fair compensation for victims, enabling them to restore stability and security to their lives.
California Elder Abuse FAQs
What is the statute of limitations for elder abuse lawsuits in California?
In California, the statute of limitations for elder abuse lawsuits is generally two years from the date the abuse is discovered. However, exceptions can apply, making prompt action crucial. If you are uncertain about your eligibility within the statute of limitations, an elder abuse lawyer can assist in reviewing your timeline and legal options.
What if my elderly loved one passed away due to abuse or neglect?
In California, a wrongful death lawsuit serves as a potential legal avenue to hold accountable parties responsible and secure justice for your deceased loved one. Typically, these lawsuits are subject to a two-year statute of limitations from the date of death.
Is neglect from an assisted living facility or nursing home considered elder abuse?
Yes. While physical “abuse” is deliberate harm, and “neglect” is a failure to provide proper care, both actions lead to harm or risk to an elderly person. This is why California elder laws hold nursing homes and assisted living facilities accountable in the same manner as perpetrators of elder abuse. Common examples of nursing home abuse include:
- Ignoring calls for assistance or help
- Failing to provide timely medical treatment
- Allowing unsafe or unsanitary living conditions
- Poor hygiene management
How can I look up previous violations of nursing home neglect?
California provides transparency about nursing home conditions through the Cal Health Find Database, maintained by the California Department of Public Health. This resource can be used to:
- Review inspection and survey results
- See a record of complaints and incidents reported by facilities
- Check for recent deficiencies or citations
- Learn about any enforcement actions or penalties
Our legal team is also available to assist in interpreting any of your findings and advising on the most appropriate actions.
Do scams qualify as committing elder abuse?
Yes. Elder abuse may include any act resulting in harm or loss to a senior’s financial resources or property, including scams and fraudulent schemes. 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 (identity theft)
- Reverse mortgage fraud
- Fake investment seminars (senior seminar scams)
- Annuity fraud schemes
- Multilevel marketing schemes
How can I report abuse of an elder person in California?
If you suspect an elderly individual is being harmed through abuse or neglect, there are several channels available to report elder abuse:
- Adult Protective Services (APS): APS investigates reports of abuse in community settings.
- Long-Term Care Ombudsman: The ombudsman’s office handles complaints related to nursing homes and other assisted living facilities.
- Local Police or Fire Departments: Immediate danger or abuse requiring urgent intervention should be reported to local emergency responders.
Additionally, a skilled California elder abuse attorney can guide you through the reporting process, assist with gathering evidence, and ensure that appropriate actions are taken promptly to protect your loved one.
Choose an Experienced California Elder Abuse Law Firm
Navigating elder abuse claims requires compassion, skill, and dedication. Our California law firm has a proven track record of protecting senior citizens’ rights and delivering results. When entrusting our award-winning legal team with your case, you gain:
- A compassionate, client-focused approach throughout the legal process
- A relentless pursuit to seek justice and accountability
- Extensive experience specifically in elder abuse cases
- Free case check
- No fees unless we win your case
At Attorney Jeff Car Accident Lawyer, we are here to address your questions and provide comprehensive legal support. If you suspect abuse or elder neglect, contact our law offices for a free consultation today.
Contact a California Elder Abuse Lawyer Today
For a confidential case evaluation, contact our California elder abuse lawyers today. You don’t have to fight this battle alone; Jeff’s got you.
Protecting the Well-Being of Senior Citizens
If a loved one has suffered from elder abuse, contact our dedicated California elder abuse lawyers today. Our compassionate legal team understands how painful and difficult elder abuse cases are, and we strive to achieve justice on behalf of your loved one.
At Attorney Jeff Car Accident Lawyer, we specialize in handling the following practice areas:
- California Car Accidents
- California Bicycle Accidents
- California Dog Bites Cases
- California Motorcycle Accidents
- California Pedestrian Accidents
- California Slip and Fall Accidents
- California Truck Accidents
- California Uber and Lyft Accidents
- California Workers’ Compensation Claims
- California Wrongful Death Lawsuits
Other Locations in California: Orange County, Los Angeles, and More
We understand the importance of accessibility, so we have conveniently located law offices throughout Northern and Southern California, including Orange County, Los Angeles County, San Bernardino County, and more.