Elder abuse is a significant problem in California and the nation, with financial scams becoming more prevalent and care facilities often resorting to negligent practices to increase their profit margins. If you or a loved one has experienced any type of elder abuse, our team of elder abuse lawyers in Emeryville can assist you in seeking compensation from those responsible.
At Arias Sanguinetti, we bring more than 300 years of combined experience to every case we take on. Over the years, we have ensured justice for numerous clients and recovered over $1.5 billion in financial compensation. Contact our Emeryville personal injury lawyers for a free consultation with our team.
What Constitutes Elder Abuse?
Elder abuse encompasses any negligent act by a caregiver or other individual that causes harm to an older person, particularly in ways that exploit physical and mental vulnerabilities.
Many seniors are particularly vulnerable due to deteriorating physical or cognitive health, making them susceptible to mistreatment by those tasked with their care. Unfortunately, the professionals trusted to look after these elders far too often become the perpetrators of abuse. In nursing homes, this abuse most frequently manifests as neglect.
Seniors residing in care facilities have specific needs, and these facilities have both a legal and ethical obligation to meet those standards of care. The most common forms of elder abuse include:
- Physical abuse and neglect: Neglect can lead to physical injuries such as slip and fall accidents, bedsores, and catheter infections. Caregivers are responsible for identifying and addressing the needs of elders. When a failure to provide adequate care results in injuries, those harmed can file a legal claim.
- Sexual abuse: Sexual abuse inflicted by elder care professionals is a profound violation of trust. If your loved one was sexually abused, you can file a lawsuit to help obtain compensation and prevent future occurrences.
- Psychological and emotional abuse: Some caregivers may inflict psychological trauma on their charges by yelling, belittling, or engaging in other forms of psychological and emotional abuse.
- Financial abuse: Seniors may be vulnerable to manipulation that leads them to relinquish money as a gift. In such cases, financial institutions that allow this abuse may also bear liability.
In California, many corporate-owned nursing homes have slashed their budgets to save money, including, reducing staff, limiting training, conducting inadequate background screenings, and providing subpar medical supplies. Our Emeryville nursing home abuse lawyers have witnessed numerous instances of negligence and abuse, even in facilities that are highly regarded.
While elder care corporations report soaring profits, seniors in these facilities often endure a reduction in quality of life. We take pride in advocating for clients who have experienced elder abuse and are committed to working tirelessly to obtain the financial compensation you deserve while preventing further harm.
If you or a loved one has faced any form of elder abuse, we are ready to help. We are dedicated advocates committed to holding responsible parties accountable for their actions. It’s important to pay attention to signs of elder abuse, as you may not realize there is a problem until significant damage has been inflicted.
Deadlines for Filing an Elder Abuse Lawsuit in Emeryville
It’s important to be aware of the deadlines for filing an elder abuse lawsuit. In California, those who have suffered most forms of elder abuse and their families typically have two years to take legal action. In cases of financial elder abuse, you generally have four years. Failing to file within these timeframes may result in losing your right to seek compensation.
To ensure you meet all deadlines for your elder abuse claim, it’s best to engage our team as soon as possible after the abuse occurs. Your elder abuse attorney serving Emeryville can determine the specific filing deadline for your case, identify if any exceptions apply, and ensure that all necessary paperwork is completed accurately and submitted on time.
Reaching out to us promptly can also better position us to build a strong case on your behalf. We can gather evidence before it is lost or compromised, including reviewing video surveillance from the nursing home where the abuse took place. Your attorney should also have the opportunity to speak to witnesses while their memories of the abuse are still clear.
Emeryville Elder Abuse Lawyer Near Me 310-844-9696
What Damages Can You Recover Through an Elder Abuse Lawsuit?
Damages in civil lawsuits can generally be divided into compensatory damages and punitive damages. An experienced Emeryville elder abuse attorney can help you determine what types of damages apply to your case.
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Compensatory Damages
When considering monetary compensation in civil lawsuits, compensatory damages typically come to mind. These damages directly address the harm you have suffered.
Compensatory damages can include reimbursements for various financial losses, including medical expenses, lost income, pain and suffering, and more. In essence, compensatory damages aim to restore you to your pre-abuse condition by negating all your financial losses.
Punitive Damages
In contrast, punitive damages are designed to deter the at-fault party from committing further egregious or intentional misconduct. Instead of compensating the plaintiff, these damages serve as a penalty for the offender. In some states, a portion of punitive damages may be awarded to the state.
A court or jury may award punitive damages when the actions of the defendant demonstrate serious misconduct or gross negligence. These damages can be a crucial aspect of elder abuse cases, particularly in instances of sexual abuse or severe neglect, as they can be vital in achieving justice for you and your loved ones.
Our team of Emeryville elder abuse attorneys is committed to securing justice for our clients and preventing future incidents of elder abuse.
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The Cost of Hiring an Elder Abuse Lawyer Serving Emeryville
When you partner with our team, you won’t incur any out-of-pocket expenses. We don’t charge any upfront fees or bill clients by the hour. Instead, we collect a single fee if we successfully recover compensation on your behalf.
We realize that you may already be facing financial strain due to your experiences. Our goal is not to add to your economic burden. When we recover compensation from the responsible party, the fee we receive will be deducted directly from the recovered amount at a predetermined percentage.
This fee structure allows us to provide experienced legal representation to individuals and families affected by elder abuse, regardless of financial situation.
Reach Out to an Elder Abuse Attorney in Emeryville Today
At Arias Sanguinetti, we are dedicated to diligently advocating for your best interests in your elder abuse case. Our team has a long history of getting our clients fair compensation, and we are prepared to fight for you, including taking your case to trial if necessary. We have decades of experience in the courtroom and a strong reputation.
Explore our case results to see the victories we’ve achieved for past clients. Then, complete our online form or call us to schedule your free case consultation with a member of our legal team.
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