An elder abuse lawyer can help you or a loved one fight off or prevent any form of abuse. They can also help you file charges in criminal court to ensure your abuser receives the punishment they deserve and get compensation for any damages they caused.
Elder abuse occurs when a caregiver, family member or other individual takes advantage of someone who is elderly, physically or mentally disabled and incapable of providing for their own health and personal care. It can include self neglect and financial exploitation.
Elder abuse is a serious and potentially devastating condition that requires professional legal assistance. Whether it’s physical abuse, neglect or financial exploitation, you need to take action and seek the help of a trusted elder law attorney as soon as possible.
A good lawyer will know how to protect your interests, while ensuring you don’t violate any ethical or legal rules in the process. Moreover, your lawyer will be able to guide you through your case quickly and easily.
Choosing an attorney is a big decision, and one you should be sure to thoroughly evaluate before making a final choice. A top-rated San Diego elder abuse lawyer may be able to help you navigate your particular case more efficiently than trying to handle it on your own.
Elder abuse is a serious concern that affects seniors and their loved ones. Abuse can take several forms, ranging from physical to financial.
A lawyer who specializes in elder law will be able to provide valuable advice on how to document your situation, which may help you gather evidence that proves the abuse took place.
An elderly person should have important documents in place such as a power of attorney for healthcare and financial decisions in case they become unable to make their own decisions. Having these legal documents in place can also protect the senior from fraud and abuse that could occur if the family member who had custody of their finances did not follow proper procedures.
Abuse, neglect and exploitation impact older adults’ physical, mental, social and financial well-being. It is a complex issue that requires the involvement of multiple stakeholders, including prosecutors, social workers, investigators and other health professionals.
It can occur in any setting, but is most common in the home or in residential care facilities. Often, the perpetrator has a long-standing and trusted relationship with the victim.
This can make the investigation laden with impediments, such as the abuser knowing the victim’s vulnerabilities, dependencies, assets and personal history. This information can be used to commit illegal acts, avoid detection and undermine the victim’s credibility.
Negotiating a Settlement
When you work with an elder abuse lawyer, they can help you reach a settlement. They will take the time to explain settlement options, listen to your concerns and opinions about settling your case, and guide you in making the best decision for you and your loved one.
The goal of settlement is to settle for an amount that covers all your losses, whether they are physical or emotional. This should include medical bills, lost wages, and other expenses.
Some clients are not interested in going to court and prefer to negotiate a settlement with the nursing home’s insurance company instead. Other clients are ready to take their cases all the way to trial and want to see their wrongdoing nursing homes send a message.
If your loved one has been harmed by another person, an elder abuse lawyer can help you hold them responsible for the harm they have done. Whether you have discovered that an abuser is a family member, a caretaker, a medical professional or a nursing home staff member, our attorneys are ready to stand up for your rights and ensure that your loved one receives the care they need and deserve.
In most cases, the elder abuse lawyer will try to settle the case out of court for a certain amount of money. However, if the other party refuses to negotiate or the elder abuse lawyer feels that they are not getting fair compensation, the case will be taken to trial.