Elder abuse is a growing crisis in California, with financial scams increasingly common and nursing homes and care facilities increasingly engaging in negligent care due to pressure to boost profit margins. If you or a loved one suffered any form of elder abuse at a care home, an elder abuse lawyer in Los Angeles can help you recover compensation from the liable party.
Our team at Arias Sanguinetti brings over 300 years of combined experience to every case we handle. Over the course of our work, we’ve won justice for countless clients and recovered well over $1.5 billion in financial compensation.
Contact us today to schedule a free case review with one of our Los Angeles personal injury lawyers.
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 mental vulnerability of elders. Sadly, seniors are taken advantage of every day.
Many elderly citizens are deeply vulnerable due to their physical or mental status and can be susceptible to abuse from those charged with their care. Tragically, the very professionals entrusted with the care of these elders are often 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 these standards. The most common examples of elder abuse include:
- Physical abuse and 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. When this happens, the bank that allowed it may be liable.
- 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 obtain financial compensation and to help make sure it never happens to anyone else.
Across California, corporate-owned nursing home facilities impose budget cuts, reduce staffing, limit training, conduct inadequate background checks, and provide inferior medical supplies. Our Los Angeles nursing home abuse lawyers have 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. We are prepared to work tirelessly to recover the financial compensation you deserve and prevent future harm.
If you or a loved one suffered any form of elder abuse, we are here to help. We are fierce advocates who take pride in holding responsible parties accountable.
An Experienced Lawyer Can Handle All Aspects of Your Legal Case While You Heal
When you hire a lawyer from our team to help you pursue legal action in an elder abuse lawsuit, we can handle all aspects of your legal case. This will allow you to focus on healing and potentially relocating yourself or your loved one to a new retirement facility or nursing home.
Your attorney is equipped to thoroughly investigate your case to prove fault and collect evidence that supports your claim. We can then calculate the value of your losses and begin building your case for court.
Through every stage of the process, your attorney will be in contact with legal counsel for the opposing party attempting to come to terms on a settlement deal. If a deal cannot be reached, your lawyer may take your case to court, where they can present evidence, question witnesses, and fight to get you a verdict that aligns with your needs.
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Deadline for Filing an Elder Abuse Lawsuit in Los Angeles
When attempting to recover compensation related to elder abuse, it is important to note that there are deadlines for filing your lawsuit. In California, elders who have been abused and their families generally have two years to take legal action. In the case of financial elder abuse, such as phone scams, you usually have four years. Failure to file a lawsuit within the allotted time could result in the loss of your right to pursue compensation.
The best way to ensure you meet all deadlines for your elder abuse lawsuit is to hire our team as soon as possible after the abuse. Your lawyer can identify the filing deadline for your case, determine if any exceptions apply, and ensure that all the required paperwork is completed accurately and filed on time.
Hiring us soon after the abuse can also put them in the best position to build a strong case on your behalf. It will be easier for them to collect evidence before it is lost or corrupted, which may include video surveillance from a nursing home where the abuse occurred. Your lawyer may also attempt to speak to witnesses while their memories are still fresh.
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What Damages Can I Recover in an Elder Abuse Lawsuit?
Damages in civil lawsuits can be primarily categorized as compensatory damages or punitive damages.
Compensatory Damages
When you think about the monetary compensation recovered in civil lawsuits, you’re likely thinking of compensatory damages. These are the damages that directly compensate for the harm you suffered.
Compensatory damages 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
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 attorneys is dedicated to both securing justice for our clients and preventing future elder abuse.
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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 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 their actions and settle the case, our team of Los Angeles elder abuse lawyers is prepared to take your case to trial. Our trial lawyers have obtained 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 have the capability to investigate your case thoroughly. This includes evidence retrieval, interviews with you and any willing witnesses, and more information collection.
- Negotiation: Our thorough independent investigation could include assessing what sum of financial compensation would fully compensate you for your experience and effectively hold the negligent party or parties accountable. We can then send a demand letter to the responsible party or parties stating what they owe you and why.
- Litigation: If the responsible party or parties are unwilling to agree to our proposals, we are prepared to work with you to file your lawsuit, which initiates litigation through the courts.
- Discovery and depositions: In most cases, the defendant or their legal team 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 can also complete depositions, which are recorded interviews given under oath by witnesses to the event.
- 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: A courtroom trial can be complicated and drawn out, 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 who regularly try cases and 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 our team of Los Angeles elder abuse lawyers, 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 in the courtroom and how it helps us get our clients the money they deserve.
How Much Money Can Be Recovered in an Elder Abuse Case?
Each case is unique. Our team of elder abuse attorneys in Los Angeles believes in pursuing the full scope of financial compensation that you deserve. We can meet with you to discuss your experience of events and ensure the narrative you present is central to the case we build.
We have 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 you of the happiness you 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 our elder abuse lawyers serving Los Angeles, you can trust that we are prepared to 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.
How Much does it Cost to Hire an Elder Abuse Lawyer in Los Angeles?
When you work with our team, you will never be charged out-of-pocket. We only get paid if we win compensation on your behalf.
We understand you have likely already suffered financial strain as a result of your experience. The last thing we want to do is create further economic hardship. When we recover compensation from the liable party, we will collect a single fee, which will be paid directly out of the money recovered at a fixed percentage.
Charging our clients in this manner enables us to provide anyone who has suffered elder abuse and their family with experienced legal representation, no matter their financial means.
Get Help from an Elder Abuse Attorney Serving Los Angeles Today
At Arias Sanguinetti, we are equipped to work diligently on your behalf to ensure the best interests of you and your loved ones are addressed in your elder abuse case. Our team has successfully recovered well over $1.5 billion on behalf of those we represent. We are ready to fight for you and will never back down from taking your case to trial if necessary.
Check out our case results to see some of the wins we have obtained for past clients. Then, reach out to us today by completing our online contact form or giving us a call to set up your free case consultation with a member of our legal staff.
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