Who Can Sue for Elder Abuse or Neglect?
In California, the California Elder Abuse and Dependent Adult Civil Protection Act protects elderly residents who are 65 years of age or older, as well as dependent adults between the ages of 18 and 64 who possess physical or mental limitations. Elders and dependent adults are often unable to care for themselves and rely on caregivers to meet their daily needs.
They may spend their days in acute care hospitals, skilled nursing facilities or assisted living facilities (also called residential care facilities for the elderly). They depend on a variety of medical professionals and caregivers to help them with their daily activities, medication needs and healthcare routines. An elder or dependent adult can suffer serious injury and harm when they are neglected or abused by a caregiver or medical professional.
Legal Options After Suffering Elder Abuse or Neglect in California
If you or someone you love has suffered elder abuse or neglect, you may have many questions. How could this happen? Who is responsible? What can I do to help my loved one through this ordeal? Can I file a lawsuit? Who can sue for elder abuse or neglect in California?
When elder abuse or neglect occurs, you need an experienced elder law attorney in San Jose on your side. Your attorney can review all of your legal options with you and help you choose the one that is best for you and your family. If you are able to file an elder abuse or neglect lawsuit, your attorney will help you gather the evidence you need and build a strong case to maximize your compensation.
Who Can Sue for Elder Abuse or Neglect in California?
California law allows for an abused or neglected elder, dependent adult or a personal representative to sue for their injuries. Multiple plaintiffs can be named in the lawsuit and can sue for different types of damages. For example, an elder who suffered physical abuse can sue for physical and emotional damages for their injuries. Their spouse, however, may file for loss of consortium.
Some of the plaintiffs in an elder abuse lawsuit can include:
- The elder or dependent adult;
- Family members of the elder or dependent adult with power of attorney
- Successors of the estate;
- Family members who witnessed the abuse;
- Guardians of a dependent adult;
- Spouses of the injured elder or dependent adult; and
- Heirs of the elder or dependent adult if they died as a result of the abuse or neglect.
If the elderly or dependent adult victim passed away, the right to sue transfers to the successor in interest or a personal representative of the estate. These individuals can sue on behalf of the deceased elder or dependent adult, as well as on their own for damages such as loss of the loving relationship, loss of guidance and companionship, and funeral expenses.
Elder abuse and neglect laws in California are often complex and difficult to navigate without the help of an experienced elder law attorney. To determine if you have a case, it is best to review your situation with a lawyer. Your lawyer will meet with you, discuss your case and help you choose the legal pathway that is best for you. More importantly, your attorney can help you protect your loved one from further abuse during this time.
Contact Our Elder Abuse and Neglect Attorneys in San Jose
If you believe that your loved one has been a victim of elder or dependent adult abuse or neglect, you need an experienced elder law attorney in San Jose in your corner. At Needham Kepner & Fish LLP, our law firm has the experience and resources needed to tackle these complex cases.
We work to hold negligent and abuse nursing homes, assisted living facilities and caregivers accountable for their actions. We can help family members and abused seniors and dependent adults sue for elder abuse or neglect. We can also review other legal options. Call us today at (408) 956-6949 or fill out our confidential contact form. We are here when you need us most.