When elder abuse occurs, the victim or his family members should be able to obtain compensation for all damages that the wrongful treatment causes. Speak with our San Diego elder abuse attorneys today to schedule a free evaluation of your case.
We have over 20 years of experience handling elder abuse and neglect claims and can assist you in pursuing full and fair compensation for losses. Injury Trial Lawyers, APC is available 24/7 to take your call
Your Rights in Elder Abuse
Senior citizens have the right to be treated with basic respect, have their needs met, and to be free from emotional or physical harm from caregivers. Many nursing homes and assisted living facilities also have more comprehensive lists of resident’s rights and provide certain guarantees to seniors living in their facilities.
Unfortunately, caregiver frustration, understaffed nursing homes and low wages in the elder care field make seniors vulnerable to receiving substandard care. When this occurs, the victim of elder abuse can obtain full compensation for any injuries or harm to the senior.
California Elder Abuse Law
To protect the elderly, the California legislature enacted the Elder Abuse and Dependent Adult Civil Protection Act (“EADACPA”). Some of the key provisions are:
- If defendant is liable for physical abuse or neglect, the court shall award the plaintiff reasonable attorney’s fees and costs,
- In the event of death, the surviving family members may seek an award that includes damages for pain and suffering,
- The victim is eligible to collect punitive damages against the nursing home, and
- In the event of financial elder abuse, the statute of limitation is four years, as opposed to two years.
When seeking “enhanced remedies” under this act, the victim must prove by “clear and convincing” evidence that the defendant has been guilty of “recklessness, oppression, fraud, or malice” in the commission of the abuse. This is the highest burden of proof in a civil context. Given the complexity of the EADACPA, you need an attorney that has experience handling elder abuse cases. Call attorney Richard Morse to find out your best options and how we can assist you.
Obtaining Compensation for Elder Abuse
Monetary damages in elder abuse cases should cover medical treatment, as well as compensation for pain and suffering and emotional distress. Depending on the circumstances, you may also receive punitive damages. If the elder abuse has a deadly effect, surviving family members may pursue a wrongful death claim.
To obtain compensation from a nursing home, caregiver or other responsible party, victims or their family members must prove that abuse occurred and caused harm.
Common Types of Elder Abuse
A variety of different types of elder abuse may affect a senior citizen including:
- Physical abuse: Hitting, pushing, kicking, burning, and related behaviors
- Isolation: Preventing elderly dependent from receiving calls, mail, or visitors
- Emotional abuse: Insulting language, a failure to respond to the senior’s needs
- Neglect: Bed sores, malnutrition and dehydration, weight loss, dehydration
- Sexual abuse
- Chemical restraint: Improper use of antipsychotics
- Financial Abuse/Fraud
Abuse and neglect can lead to emotional and other serious and potentially fatal damage to vulnerable seniors.
You should speak with an elder abuse lawyer at Injury Trial Lawyers, APC right away if you have been the victim of abuse or if you suspect that abuse is happening to one of your family members.
How Our Personal Injury Lawyers Can Help
We can represent you in negotiating a settlement with the insurance company representing the caregiver or nursing home responsible for causing harm. If no settlement is agreeable, then our experienced legal team can help you to present a compelling case to a jury to maximize your damages for elder abuse.
Speak to an Experienced San Diego Elder Abuse Attorney Today
To learn more and to get your case started, call us to schedule your free consultation. There is no charge for legal services unless our San Diego elder abuse attorneys recover compensation for the losses the abuse caused.