Home » Practice Areas »
When Do You Need Experienced California Elder Abuse Lawyers?
Abuse of vulnerable individuals like the elderly shocks the conscience. An experienced elder abuse attorney can help the injured regain safety and dignity.
Â
Elderly individuals and seniors should be afforded the same rights and respect as those enjoyed by their middle-aged and younger counterparts. However, the vulnerabilities that can arise from the aging process may expose older individuals to potential exploitation by certain individuals or institutions. Acts of abuse against the elderly are unacceptable, and fortunately, legal safeguards exist to protect against such misconduct.
Elder abuse in California refers to intentional or negligent mistreatment of individuals aged 65 or older. Elder neglect in California encompasses various forms of abuse such as physical, emotional, and financial abuse, neglect, sexual abuse, and abandonment. The law provides with you measures to address and prevent such harm.
At Hodes Milman, we have successfully secured multi-million and six-figure settlements for clients and their families who have endured the consequences of elder abuse. By seeking justice for yourself or your loved one, you play a pivotal role in holding wrongdoers accountable for the harm they’ve inflicted. Moreover, your pursuit of justice may serve as a catalyst for tangible improvements in safety protocols and living standards, benefitting not only those directly affected but also fostering a safer environment for older individuals across the board.
Contact the elder abuse lawyers at Hodes Milman online or by calling our office at (949) 640-8222. Our team is dedicated to fighting for you and giving your case the very best chance at success.Â
Financial Compensation Available in California Elder Abuse Cases
Elder abuse is serious. Elder abuse refers to the intentional or negligent mistreatment or harm inflicted upon an older person, typically aged 65 or older. This form of abuse can occur in various settings, including domestic environments, nursing homes, assisted living facilities, or even within the broader community.
In California, victims of elder abuse may be eligible for various forms of financial compensation to address the harm they have suffered. The available compensation can cover a range of damage and losses resulting from elder abuse. Monetary awards available in elder abuse cases may include:Â
- Compensation for physical injuries: You may be able to receive compensation for past and future medical costs resulting from injuries sustained due to the abuse.
- Pain and suffering: You may be able to receive compensation for pain, anxiety, depression, and other emotional or psychological injuries caused by the abuse. These awards are subjective so it is important to hire an experienced attorney who will advocate for you from day one of your case.Â
- Restitution for exploitation: In cases where an elder has been financially abused, they may be able to receive compensation specifically addressing the financial exploitation or undue influence exerted on the elderly person.
- Punitive awards: Punitive damages go beyond compensating the victim of elder abuse. They are intended to punish the wrongdoer and deter others from engaging in similar abusive behavior.
- Wrongful death compensation: Wrongful death awards are intended to provide compensation to surviving family members for the losses they have endured as a result of the elder abuse that led to the death.
No amount of money makes up for the abuses and indignities suffered, but it is a tangible way for the law to help. A financial award may give you or a loved one the ability to heal in peace and pay your day-to-day expenses. Settlements or verdict awards can also help improve a person’s future health by funding medical care and sending a clear message that abusive behavior is completely unacceptable.
The specific damages sought will depend on the circumstances of the case, the type of abuse involved, and the laws applicable in the jurisdiction. It’s important to consult with an experienced elder abuse attorney who can assess the merits of the case, determine the appropriate compensation to pursue, and advocate for the victim’s rights and well-being. Keep in mind that laws and regulations related to elder abuse may vary by jurisdiction.
Your golden years and retirement accommodations should be peaceful, respectful, and secure. Contact Hodes Milman online or by calling our offices at (949) 640-8222. We are standing by to help you take the first step in the legal process.
What Kind of Cases Can a California Nursing Home Abuse Lawyer Handle? (7 Types)
A nursing home abuse lawyer in California can provide legal representation and advocacy for victims of elder abuse within nursing home facilities. These attorneys possess expertise in navigating the complex legal landscape surrounding cases of neglect, mistreatment, or exploitation of elderly residents.Â
The amount of abuse and neglect suffered by the elderly and dependent adults has reached crisis proportions. This is a result of new generations reaching their senior years, and far-reaching pandemics affecting our nation’s nursing care capacity. Sadly, it’s a sensitive issue that is more often overlooked than addressed and can be difficult to expose without a strong support system.Â
That is why it’s all the more important to act on the signs of elder abuse right away—by reporting it to higher-ups in a nursing facility, alerting family members who can take custody of the elderly individual, or seeking legal counsel.
According to the American Psychological Association (APA), there are seven types of elder abuse.
The 7 types of elder abuse are:
- Physical abuse: From visible injuries like broken bones, burns, or bruises, to other forms like delayed care or intentional infliction of discomfort
- Emotional or psychological abuse: Verbal abuse like insults or threats, humiliations like forced nudity, or terrorizing behaviors meant to scare or intimidate
- Financial abuse: Theft or unauthorized use of money, credit, or belongings (like clothes, jewelry, or cars)
- Sexual abuse: Forced or unwanted sexual contact or sexual harassment, including in situations where the older person is not mentally capable of consent (like patients with Alzheimer’s or dementia)
- Abandonment: Desertion of an elderly person by an individual who had custody of them, such as a professional nurse or caretaker relative
- Neglect: While maintaining custody of an elder, abandoning the duties associated with their basic care like hygiene upkeep, medication schedule, and nutrition.Â
- Self-neglect: This category refers to elders who can no longer handle their own basic needs, and require intervention so that appropriate arrangements are made for their care
Whether addressing instances of physical harm, emotional distress, financial exploitation, or inadequate care, a nursing home abuse lawyer in California works diligently to hold wrongdoers accountable for their actions.Â
By seeking justice for victims and their families, these lawyers play a crucial role in promoting the well-being and safety of elderly individuals residing in nursing homes or hospitals across the state. If you or a loved one has experienced nursing home abuse, consulting with a skilled attorney can help assess the viability of a legal claim and pursue appropriate remedies.
Contact an Attorney Who Is Experienced in California Elder Abuse Cases
If you or a loved one has experienced elder abuse in California, seek legal counsel from an attorney with expertise in handling such cases. An experienced California elder abuse attorney understands the state’s specific laws and regulations designed to protect seniors and can handle the complexities of these cases with sensitivity and diligence.Â
Why Hire Hodes Milman
The elder abuse attorneys at Hodes Milman have won millions of dollars for their clients. Our team has years of experience in fighting for those who have been harmed. We are dedicated to fighting for you and your loved ones and ensuring that your case is handled properly from start to finish. Contact Hodes Milman online or by calling (949) 640-8222. Elder abuse should not be tolerated.
Proudly Serving California Residents
FAQs
When do I need a California elder abuse attorney?
You may need a California elder abuse attorney if you or a loved one has experienced mistreatment, neglect, or abuse. Such neglect can occur in a care facility or any setting where the elderly are supposed to receive proper care.
If the elderly person is not receiving adequate care, resulting in physical harm, medical complications, or a decline in health, an attorney can assess whether this constitutes neglect and guide you through the legal process.
Consulting with a California elder abuse attorney early on can help you understand the legal implications of the situation, determine the strength of your case, and guide you through the appropriate steps to seek justice and compensation for the harm caused.
How can a California nursing home abuse lawyer help me?
A California nursing home abuse lawyer can provide invaluable assistance if you or a loved one has experienced abuse or neglect in a nursing home. Lawyers will conduct a thorough investigation into the allegations of abuse or neglect. This may involve reviewing medical records, interviewing witnesses, and gathering any other relevant evidence to support your case.
In addition to seeking compensation, a nursing home abuse lawyer may work to hold the facility accountable for systemic issues, potentially contributing to positive changes in the nursing home’s practices. If necessary, your lawyer can file a lawsuit against the responsible parties. They will guide you through the legal process, ensuring that all necessary documents are filed correctly and within the applicable statutes of limitations.
What can I do if my loved one is suffering from elder abuse?
Elder or dependent adult abuse is often hard to detect. Whether you’re a family member who suspects nursing home abuse, or a loved one who suspects family member neglect, there are actionable signs of elder abuse.
Your loved one may be a victim of elder abuse or neglect if they:
- Develop bedsores
- Become malnourished or dehydrated
- Live in unsanitary conditions
- Display unusual behaviors of fear, anger, or listlessness
- Have unexplained bruising, burns, or other injuries
- Otherwise have a decline in their condition or functioning
If you see any of these signs, the experienced and compassionate elder abuse attorneys at Hodes Milman are here to help. Please contact us today at (949) 640-8222 to talk about your concerns. All calls are completely confidential and without cost or obligation.
When can a California elder abuse law firm file my lawsuit?
The specific timeframe within which a California elder abuse law firm can file a lawsuit depends on the statute of limitations for elder abuse cases in the state. In California, the statute of limitations for filing a lawsuit related to elder abuse can vary based on the nature of the abuse and the damages sought.
Generally, for personal injury claims, including those related to elder abuse, the statute of limitations is typically two years from the date the injury is discovered. However, note that legal matters can be complex, and exceptions or variations to these timeframes may apply based on the specific circumstances of the case. To ensure that you take appropriate legal action within the prescribed time limits, consult with an experienced California elder abuse attorney promptly.
Contact Hodes Milman online or by calling our office at (949) 640-8222. Our team is standing by to help you start the legal process.
HONORS & AWARDS
Â