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 often cannot 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 various medical professionals and caregivers to help with their daily activities, medication needs, and healthcare routines. An elder or dependent adult can suffer severe injury and harm when they are neglected or abused by a caregiver or medical professional.
Call Needham Kepner & Fish today at (408) 716-1668 or contact us online to speak with an elder abuse lawyer!
Legal Options After Suffering Elder Abuse or Neglect in California
When confronted with instances of elder abuse or neglect in California, understanding your legal options is crucial. Victims or their representatives have several avenues to pursue justice. One option is to file a civil lawsuit against the responsible parties, seeking compensation for damages incurred. Another avenue involves reporting the abuse to Adult Protective Services, triggering an investigation and potential criminal charges. Additionally, consulting with an experienced elder law attorney can provide valuable guidance on navigating the complexities of these cases. Our legal professionals can help assess the situation, explore available remedies, and advocate for the best course of action to ensure the well-being of the elderly individual and hold wrongdoers accountable. It's essential to act promptly to protect the rights and dignity of those who have suffered elder abuse or neglect.
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 dies, the right to sue is transferred to the successor in interest or a personal estate representative. These individuals can sue on behalf of the deceased elder or dependent adult and their own for damages such as loss of a loving relationship, loss of guidance and companionship, and funeral expenses.
Elder abuse and neglect laws in California are often complex and challenging to navigate without the help of an experienced elder law attorney. It is best to review your situation with a lawyer to determine if you have a case. Your lawyer will meet with you, discuss your case, and help you choose the legal pathway that is best for you. More importantly, your elder abuse attorney can help you protect your loved one from further abuse during this time.
Contact Our San Jose Elder Abuse and Neglect Attorneys Today
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 to tackle these complex cases.
We work to hold negligent and abusive nursing homes, assisted living facilities, and caregivers accountable for their actions. We can help family members of abused seniors and dependent adults sue for elder abuse or neglect through an elder abuse lawsuit. We can also review other legal options.
Contact Needham Kepner & Fish today to schedule a meeting and learn more about who can sue for elder abuse in California!