San Diego Elder Abuse Attorney

Short answer: California’s Elder Abuse and Dependent Adult Civil Protection Act lets an elder (65 or older) or dependent adult, or the family of one who has died, sue for physical abuse, neglect or financial abuse. If recklessness, oppression, fraud or malice is proven by clear and convincing evidence, the court must also award attorney’s fees and costs, and a deceased victim’s pain and suffering can be recovered (Cal. Welf. & Inst. Code §§ 15610.27, 15657). To report suspected abuse in San Diego County, call Adult Protective Services at (800) 339-4661, or 911 in an emergency.

Reviewed by Vikas Bajaj, Attorney at Law. Last reviewed November 3, 2026

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 attorney today to schedule a free evaluation of your case.

We can assist you in pursuing compensation for losses. Call Injury Trial Lawyers for a free consultation.

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 promise certain protections 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 physical abuse or neglect is proven by clear and convincing evidence, along with recklessness, oppression, fraud or malice, the court shall award reasonable attorney’s fees and costs (Welf. & Inst. Code § 15657),
In the event of death, the surviving family members may seek an award that includes damages for pain and suffering,
Punitive damages may be available if the victim proves by clear and convincing evidence that the defendant acted with oppression, fraud or malice (Civ. Code § 3294). Against a nursing home or other employer, the conduct generally must have been authorized, ratified or carried out by an officer, director or managing agent, and that same employer standard applies before enhanced Elder Abuse Act remedies can be imposed on an employer (Civ. Code § 3294(b); Welf. & Inst. Code § 15657(c)), and
In the event of financial elder abuse, the statute of limitation is generally four years from discovery (Welf. & Inst. Code § 15657.7), as opposed to the usual two years for personal injury (Code Civ. Proc. § 335.1).

When seeking “enhanced remedies (CACI 3107)” 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 a higher burden of proof than most civil claims, which require only a preponderance of the evidence (Evid. Code § 115). Given the complexity of the EADACPA, you need an attorney who handles elder abuse cases. Call (619) 525-7007 to talk through your options.

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 right away if you have been the victim of abuse or if you suspect that abuse is happening to one of your family members.

Reporting and Remedies Under California Law

Mandated reporters: Welfare and Institutions Code section 15630 requires caregivers, facility staff, health practitioners, and others to report known or suspected physical abuse, abandonment, abduction, isolation, financial abuse, or neglect. In most long-term care facility cases, a verbal report to law enforcement is due within two hours and a written report within 24 hours.
Where to report: Abuse outside a long-term care facility can be reported to county Adult Protective Services or local law enforcement.
Enhanced remedies: Under Welfare and Institutions Code section 15657, if physical abuse, neglect, or abandonment is proven together with recklessness, oppression, fraud, or malice, the court awards reasonable attorney’s fees and costs and certain damage limits do not apply.
Filing deadline: Many injury claims must be filed within two years (Code of Civil Procedure section 335.1).

How Our Personal Injury Lawyer 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 legal team can help you to present a compelling case to a jury to seek fair damages for elder abuse.

Speak to a San Diego Elder Abuse Attorney Today

To learn more and to get your case started, call us to schedule your free consultation.

Elder abuse FAQ

Who is considered an elder under California law?

Under California’s Elder Abuse and Dependent Adult Civil Protection Act, an elder is a California resident age 65 or older (Cal. Welf. & Inst. Code § 15610.27).

Where do I report suspected elder abuse in San Diego?

Contact San Diego County Adult Protective Services at (800) 339-4661, which takes abuse reports 24 hours a day. For abuse in a nursing home or care facility, you can also contact the Long-Term Care Ombudsman. Call 911 in an emergency.

What can be recovered in an elder abuse case?

Damages for harm suffered may be available. If recklessness, oppression, fraud, or malice is proven by clear and convincing evidence, the law allows additional remedies, including attorney’s fees (Cal. Welf. & Inst. Code § 15657).