Elder abuse is a growing crisis in California, with nursing homes and care facilities increasingly engaging in negligent care due to pressure to boost profit margins. Elders are uniquely vulnerable to those charged with their care. Tragically, the very professionals entrusted with the care of these elders are sometimes the ones responsible for the abuse they endure. In nursing home facilities, abuse most often takes the form of neglect. Seniors in care facilities have specific needs and it is the legal and ethical responsibility of nursing home facilities to meet the standard of care. Across California, corporate-owned nursing home facilities impose budget cuts, reduce staffing, limit training, conduct inadequate background checks, and provide inferior medical supplies. At Arias Sanguinetti, our team of Los Angeles elder abuse lawyers has seen countless instances of negligence and abuse, even at the most highly revered facilities. While elder care corporations celebrate record profits, the seniors in these facilities suffer. We take great pride in obtaining justice for clients who have suffered elder abuse, working tirelessly to secure the financial compensation they deserve and prevent future harm.
Our team at Arias Sanguinetti brings over 300 years of combined experience. Many members of our team have aging parents – these cases are personal for us. We’ve won justice for countless clients, securing well over $1 billion in financial compensation over the course of our work as a firm. Many who have witnessed a loved one suffer elder abuse or survived it themselves may not realize the scope of their legal options – contact us today to learn how we can help.
What is elder abuse?
Elder abuse is any negligent act by a caregiver or other person that causes harm to an older person, especially in a manner that is only possible due to the physical and/or mental vulnerability of elders. Sadly, seniors are taken advantage of every day. The most common examples of elder abuse include:
- Physical Abuse/Neglect. Physical injuries arising from neglect can include slip and fall injuries, bedsores, catheter infections, and more. Those entrusted with the care of elders have a responsibility to identify needs and treat them accordingly – when their failures to provide proper care result in injuries, those harmed can bring a legal claim.
- Psychological Abuse. Some elder care professionals may inflict psychological abuse on those they care for. This can include yelling, admonishing, demeaning, or any other form of psychological abuse.
- Financial Abuse. Certain elders may be vulnerable to being manipulated into giving their money away. In some cases, an elder care professional might exploit an elder into giving away decades of savings.
- Sexual Abuse. Sexual abuse by elder care professionals is a deep injustice. You trust these professionals to care for your loved ones – if your loved one suffered sexual abuse, you can take legal action to secure financial compensation and to help make sure it never happens to anyone else.
If you or a loved one suffered any form of elder abuse, the team of Los Angeles elder abuse lawyers at Arias Sanguinetti is here to help. We are fierce advocates who take pride in holding responsible parties accountable. Contact us today.
What damages can I recover in an elder abuse lawsuit?
Damages in civil lawsuits can be primarily categorized as compensatory damages or punitive damages. When most members of the public think about the monetary compensation recovered in civil lawsuits, they’re likely to be thinking of compensatory damages. These are the damages that directly compensate for the harm you suffered. This can include reimbursements for medical care, loss of income, pain and suffering, and more. Simply put, compensatory damages make you whole and directly remedy your losses.
Punitive damages, on the other hand, are intended to deter the responsible party from repeating egregious or intentional misconduct. Rather than making the plaintiffs whole, these damages penalize the responsible party as a form of law enforcement. In certain states, punitive recoveries are split with the state’s government.
A court or a jury may award punitive damages when the defendant’s actions constitute serious misconduct or gross negligence. Punitive damages can be a significant aspect of elder abuse cases. In many cases, such as those regarding sexual abuse or severe neglect, recovering punitive damages can be central to securing justice for you and your loved ones.
Our team of Los Angeles elder abuse lawyers at Arias Sanguinetti is dedicated to both securing justice for our clients and preventing future elder abuse. Contact us today for a free consultation.
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How long does an elder abuse case take?
There are no strict guidelines for how long these cases take. A settlement – an agreement between both parties that avoids a trial and results in our clients’ receiving the financial compensation they deserve – can happen at any time. This means a case can conclude quickly under certain circumstances, while other cases may take a while to resolve.
If the defendant is unwilling to take responsibility for its actions and settle the case, our team of Los Angeles elder abuse lawyers will take your case to trial. At Arias Sanguinetti, we are trial lawyers who have secured countless positive verdicts and judgments for our clients.
In most cases, elder abuse litigation proceeds through the following stages:
- Investigation. Before we work with you to file a lawsuit, we will thoroughly investigate your case. This includes evidence retrieval, interviews with you and any willing witnesses, and more information collection.
- Negotiation. Our thorough independent investigation will include assessing what sum of financial compensation would fully compensate you for your experience and effectively hold the negligent party or parties accountable. We will then send a demand letter to the responsible party or parties stating what they owe you and why.
- Litigation: Filing a Complaint. If the responsible party or parties are unwilling to agree to our proposals, we will work with you to file your lawsuit, which initiates litigation through the courts.
- Discovery and Depositions. In most cases, the defense is required to provide our team with all relevant information and documentation regarding the incident or incidents in question. This can include texts between the defendant’s employees, any recordkeeping, and any other relevant and available information, with some exceptions. We will also complete depositions – recorded, under-oath interviews with any relevant witnesses.
- Potential Mediation and Further Negotiation. Mediation involves a neutral third party, typically a retired judge or attorney, overseeing negotiations between the defense and the plaintiffs. Mediation can happen at any time during the litigation process but does not happen in every case. Notably, discovery and depositions can have a major impact on negotiations and can help lead to a settlement agreement.
- Motions and Trial. Trial can be a complex and drawn-out process involving numerous stages. Our team at Arias Sanguinetti has the extensive experience necessary to provide top-notch legal representation in the courtroom. We take pride in being trial lawyers – we regularly try cases, as well as attend conferences and seminars to continually enhance our skills.
- Judgment or Verdict. In most cases, the results of our trials are determined by juries. Much of our work in the courtroom is proving the extent of your damages and assisting the jury in understanding the specifics of the financial compensation you deserve.
When you work with the team of Los Angeles elder abuse lawyers at Arias Sanguinetti, your leverage in negotiations immediately increases. Our reputation as trial lawyers instructs the defense that we are willing to go to trial, which can incentivize a defendant to settle. We are deeply proud of our strong record – contact us today to speak with a member of our team.
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How much can I sue for after elder abuse?
Each case is unique. Our team of Los Angeles elder abuse lawyers believes in pursuing the full scope of financial compensation that you deserve. We will meet with you to discuss your experience – your testimony is always central to our work.
Our team of Los Angeles elder abuse attorneys has pursued financial compensation to address damage stemming from:
- Medical Bills. Recovering from elder abuse, especially physical abuse, often requires extensive medical treatment which can be extremely expensive. You are entitled to full reimbursement for these costs, including future expenses.
- Financial Losses. This can apply both to any financial losses suffered due to financial abuse and any payment made for negligent care. Many elder abuse cases take place in expensive facilities – you deserve reimbursement and financial compensation to pay for the costs associated with transporting your loved one and choosing a new home for them.
- Emotional Counseling. Suffering abuse is deeply traumatic and survivors often benefit from psychological counseling to aid in their recovery. The responsible party should pay for this treatment.
- Pain and Suffering. For elders who survive elder abuse, the emotional toll can be devastating. The final stage of life is precious, and this abuse robs them of the happiness they deserve. For the adult children who entrusted their parents’ care to these facilities, witnessing their suffering as a result of that decision is deeply painful.
- Lost Wages. If you lost wages because you had to take time off work to help care for a loved one who suffered elder abuse, you can claim these lost wages as part of your legal action.
When you work with the team of Los Angeles elder abuse lawyers at Arias Sanguinetti, you can trust that we will work tirelessly to bring you justice. We’ve seen firsthand the relief that legal action can bring to families. Our team is proud to be fierce advocates for our clients – contact us today.
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How much does an elder abuse lawyer cost?
We don’t believe in charging our clients for results that we have not yet secured. When you work with the team of Los Angeles elder abuse lawyers at Arias Sanguinetti, you will never be charged out-of-pocket. We only get paid if we win for you – everything until then is free. We understand that you have likely already suffered financial strain as a result of your experience.
If you’re ready for top notch legal representation that’s free until we win for you, contact us today.
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