As our loved ones start to age, we wish we could be there to take care of them at this next stage of their life. Unfortunately, a combination of responsibilities and the need for specialized care may often push families to place their elderly loved ones in special care homes or similar establishments or look for caregivers who can take care of an older family member in their home.
When a senior family member is taken advantage of and suffers abuse by those who are meant to care and protect them, you have the right to pursue justice and compensation. BD&J’s California elder abuse attorneys are here to fight with you! Complete our online form to hear from us as soon as possible.
Key Takeaways
- Elder abuse in California can include physical abuse, sexual abuse, mental/emotional abuse, financial abuse, and negligence
- There can be many perpetrators of elder abuse, from nursing homes and other care facilities to in-home caregivers or the elderly individual’s own family members
- California’s Adult Protective Services (APS) receives over 15,000 reports of elder and dependent adult abuse per month (California Association of Area Agencies of Aging)
- BD&J elder abuse attorneys in California can help family members seek justice for their senior loved ones
What Qualifies as Elder Abuse?
The elderly are considered one of the most vulnerable populations in the country, and deserve to be treated with care, respect, and dignity.
Unfortunately, this is not always the case, and cases of elder abuse run rampant. The following are considered typical forms of elder abuse:
Physical Abuse
Physical abuse to a senior individual may be through:
- Slapping
- Pushing
- Punching
- Kicking
- Restraint
- Choking
- Any other use of force that causes injury
Financial Abuse
Financial abuse includes the financial exploitation of an elderly person for personal gain. This could look like:
- Identity theft
- Fraud
- Theft
- Forging the elderly person’s signature on checks
- Misusing money or other property belonging to the senior individual
- Taking advantage of cognitive decline to change financial documents like a will or estate ownership documents
Psychological/Emotional Abuse
Psychological and/or emotional abuse could include threats, humiliation, isolation, and intimidation that can cause fear, distress, and other harmful emotional consequences for the affected elderly person.
Sexual Abuse
Sexual abuse can include unwanted touching, coercion, rape, harassment, and any other nonconsensual sexual act. While elder sexual abuse happens, it is frequently underreported.
Call 855-906-3699 to schedule your consultation with the California elder abuse attorneys from BD&J.
Signs of Elder Abuse in Older Family Members
While some of the signs of elder abuse in older family members are more subtle than others, there are a few notable red flags that can point to possible abuse. These include:
- Injuries like bruises, black eyes, broken bones, welts, sprains, and cuts
- Sudden changes in behavior, including becoming socially withdrawn, anxious, becoming easily agitated, apologizing excessively, etc.
- Changes in sleeping patterns and eating habits
- Signs of neglect, including malnutrition, dehydration, poor personal hygiene, unclean living conditions, and untreated health problems
- Verbal accusations by an elderly family member toward a caregiver, care facility employee, or another family member
Was your loved one the target of elderly abuse? BD&J elderly abuse attorneys in California will fight for them.
Common Injuries Associated with Elder Abuse
Injuries associated with elder abuse may include:
- Brain injuries
- Catastrophic injuries
- Lacerations
- Broken bones and fractures
- Organ damage
- Spine injuries
What if My Loved One Suffered Abuse in a Nursing Home?
It can be devastating to learn that a loved one suffered abuse in the nursing home you thought they’d be receiving diligent care from. If your senior family member has suffered abuse in a nursing home, there are a few pivotal steps you must take.
- Document all the evidence of abuse or neglect through pictures, videos, and incident reports.
- Call the police to file a report.
- Remove your loved one from that nursing home immediately.
- File a complaint with the California Department of Public Health.
- Seek medical attention for your loved one to understand the full extent of injuries.
- Speak to a California elder abuse attorney about filing a claim.
What if Another Family Member is Abusing My Loved One?
Family members who abuse an elderly loved one should not be above accountability. It’s recommended you:
- Report the abuse, neglect, or exploitation to the Adult Protective Services agency (APS).
- If you suspect your elderly relative is in immediate danger, call 911 as soon as possible.
- Work with authorities to get your relative out of that abusive environment as soon as possible.
- Document injuries and other forms of abuse through photos, videos, and medical services.
- Talk to an elder abuse attorney in California to understand your legal options.
According to a call analysis from the National Center on Elder Abuse resource line, it was found that family members were the perpetrators in nearly 47% of incidents (NCO). If you suspect an elderly loved one in your life is being abused by another family member, take the appropriate steps to get them out of a harmful setting immediately.
BD&J elder abuse lawyers in California will seek justice for you.
California’s Elderly Residents Are Especially Vulnerable
Statistics on elderly populations and abuse in California tell us:
- For every 1 case of elderly abuse reported in California, there are 24 unknown cases (California Association of Area Agencies of Aging)
- About 300,000 elder Californians and people with disabilities are reported as victims of abuse each year (CDSS)
- An estimated 150,000 elder Californians are estimated to live in unlicensed care facilities that may or may not be able to care for them properly (Office of Attorney General)
- 2024 data released by the Financial Crimes Enforcement Network showed that $27 billion in reported suspicious activity was linked to elder financial exploitation (FINCEN)
Why Are the Elderly More Prone to Abuse?
There are a few factors that make our elderly loved ones more susceptible to abuse. These are:
- Senior individuals are often going through stages of cognitive and physical decline
- Physical frailty, weakened defense strength, and lack of awareness can make them more incapable of defending themselves against physical abuse
- Many elderly individuals rely on caregivers for help with daily tasks
- Social isolation, especially when an elderly person lives alone
- The presence of lifelong savings, retirement funds, etc.
Who Can File an Elder Abuse Claim in California?
An elderly person who has suffered abuse and is mentally capable could file a claim, but if they aren’t, a legally recognized representative could.
A conservator or guardian ad litem appointed by the court can file a claim on the elderly person’s behalf if they don’t have the mental capacity to do so. A spouse, child, or other close relative will often fill the role of conservator.
In the case of a wrongful death claim from elder abuse, then a spouse, child, or in some cases, the siblings, nieces and nephews, or heirs to the person’s estate can file a claim.
Compensation for Elder Abuse Cases
Some of the compensation recovered from elder abuse cases can cover:
- Current and future medical expenses
- Financial damages lost to fraud and other financial abuse
- Property loss
- Pain and suffering
- Emotional or psychological trauma
- Punitive damages, which may be awarded if the defendant committed similar violations in the past or to stop them from engaging in the same behaviors
Recover rightful compensation for your loved one. Call BD&J attorneys in California today.
What Working with a California Elder Abuse Attorney Means
An elder abuse claim can be highly delicate and require expert knowledge when it comes to navigating the legal process. It’s no surprise that these cases tend to emotionally devastate many families, which is why trying to handle a legal case in the aftermath may seem overwhelming for many.
A California elder abuse lawyer can help by:
- Filing the claim in a timely manner and in the proper jurisdiction
- Helping to gather evidence
- Using specialized attorney resources, like expert witness testimony and other tools
- Negotiating for a fair compensation amount
- Communicate with all other parties on your behalf
- Advance case costs through a contingency fee basis
- Advance medical care costs through a lien agreement
- Talk to you and your family through the legal process of the case, including regular updates
- Have a legal expert in your corner at all times, offering advocacy and attention through a difficult time
How To Gather Evidence from Suspected Elder Abuse
Gather evidence from suspected elder abuse by:
- Taking photos and videos. – Capture photos and videos of any bruises or visible injuries on your family member, the state of their living space if neglected, and any bank account transactions or financial evidence that shows fraud.
- Noting any incidents that happen in front of you. – If a caregiver or family member commits some form of elder abuse in front of you or near you, take note of the event, time, and date.
- Talking with your elderly loved one. – Having a private conversation with a capable senior loved one can allow you to hear about any incidents of abuse, as well as pick up any behavioral indicators from your family member.
- Consulting with an elder abuse attorney. – When you’ve gathered your evidence and are ready to get started on a claim, contact an elder abuse attorney in California to learn more about the legal process.
Complete our online form now to connect with an attorney from BD&J.
Frequently Asked Questions
What’s the Difference Between Elder Abuse and Neglect?
Elder abuse can encompass physical, emotional, sexual, and financial abuse. Neglect can be the intentional or unintentional denial of food, water, medical services, and other necessities to an elder person by a caregiver or family member.
Neglect can happen due to intentional malice, lack of training, carelessness, and other factors, and can still be the basis for an elder abuse claim.
How Can I Prove Neglect in a Care Facility?
Photos and videos of your loved one and their condition and the look of their living space, medical documentation of signs of poor health, and any witness testimony can help in proving neglect in a care facility.
Do I Need a Criminal Elder Abuse Case to Pursue a Civil Elder Abuse Claim?
No, you do not. These are 2 separate legal processes that don’t depend on one another to proceed.
It can help a civil claim if there’s a criminal case, but it’s not needed.
What is the Elder Abuse and Dependent Adult Civil Protection Act?
The Elder Abuse and Dependent Adult Civil Protection Act is a California law meant to protect elderly residents and dependent adults with disabilities from suffering abuse or neglect, while recognizing these populations are particularly susceptible to abuse. This legislation also establishes mandated reporting protocols, what counts as abuse, and other processes.
When Do I Need to File an Elder Abuse Claim?
Filing a claim should be done within the statute of limitations, which is 2 years from the date of the last incident of abuse or discovery of abuse.
The sooner you get started on a claim, the sooner you may recover compensation. Call BD&J attorneys at 855-906-3699 now.
What if My Loved One Died from Their Injuries?
The loss of a loved one from injuries associated with elder abuse is unfathomable. A California wrongful death attorney can be help you understand your legal options to file a claim.
What Proof is Needed for an Elder Abuse Claim?
Photos and videos, medical documentation of injuries, financial transaction reports, incident reports, witness testimony, and the testimony of the elderly individual can help bring an elder abuse claim forward.
Are There Any Risk Factors for Elder Abuse?
Yes, some of the most common risk factors for elder abuse include mental impairment (particularly the development of dementia or Alzheimer’s), physical health problems, isolation, and caregiver stress or burnout.
How Soon Should I Speak with a California Elder Abuse Lawyer?
You should speak with an attorney as soon as you’re ready to file a claim. Remember, you want to present the claim as early as possible, while evidence is still available, witnesses can be contacted, and you and your loved one’s memory are still fresh.
Why Should I Work with BD&J?
BD&J has been protecting the rights of Californians of all ages after suffering serious injuries. Since our establishment in 2007, we’ve recovered over $3 billion* in compensation for our clients, and we don’t turn our backs on any case that walks through our doors.
When it comes to making you and your loved one’s voices heard, you can count on the dedicated attorneys at BD&J.
Do I Need to Pay Upfront to Work with BD&J?
Not at all. Our elder abuse attorneys work on a contingency fee basis, which means all case costs are advanced to clients, and final attorney fees are recovered from the compensation amount after a case is settled. This means no upfront fees for you, and no fees until we win*.
Tireless Attorneys Protecting Some of the Most Vulnerable Californians
Our elderly loved ones are some of the most treasured family members, but unfortunately, they are also the most vulnerable. If your senior family member suffered any form of abuse or neglect at the hands of a caregiver, nursing facility, or family member, you may be able to pursue compensation on their behalf through a legal claim.
Contact California elder abuse lawyers from the BD&J law firm now. Our team is available 24/7 to assist you with all the details of the legal process and offer you the advocate you and your family need during such a difficult and emotionally taxing time.
Call BD&J at 855-906-3699 today to get the help you and your family deserve.
