When you report elder abuse, regulatory agencies open a case to assess if your loved one is in immediate danger. Adult Protective Services (APS) evaluates your loved one’s safety and may coordinate emergency medical care if the circumstances warrant it.
Depending on the facts of the report, APS may also refer a case to other agencies or services. Decisions about safety measures and services are made by APS and the courts and vary by case.
The nursing homes or assisted living facilities may face state inspections, citations, and corrective action plans. A Los Angeles elder abuse lawyer can pursue compensatory damages that can help your loved one access the medical care they need to recover.
What Happens to Your Loved One After You Report Elder Abuse?
After a report, APS may conduct a safety assessment and, depending on its findings, develop a written plan. In some cases, APS may recommend wellness checks or emergency transportation. The steps taken vary by case and depend on agency discretion.
A personal injury lawyer in Los Angeles can help your family take legal action against any liable parties.
Supporting Your Loved One Through Their Recovery
Adult Protective Services (APS) also assesses the needs of older adults and connects them with services such as trauma counseling and peer support groups. The agency’s goal is to ensure safety, stability, and access to appropriate care.
Consequences for Liable Parties When Elder Abuse Is Reported
Reporting elder abuse helps hold individuals and facilities accountable for abuse, neglect, or exploitation. It brings concerns to the attention of authorities who can take action.
Criminal Consequences
After a substantiated report of elder abuse, prosecutors may file misdemeanor or felony charges for physical abuse, neglect, intimidation, or financial exploitation. Courts may issue protective orders to ensure the immediate safety of your loved one.
Facility Inspections and License Actions
Regulatory agencies may investigate and discipline facilities and individuals. Inspectors may have the authority to audit records, interview residents, and speak with staff, depending on the scope of the investigation and the agency involved. They may also require facilities to develop and implement plans of correction.
Penalties, including fines, increased monitoring, and admission bans, may also follow inspections and license actions.
The California Department of Public Health may also cite skilled nursing facilities. The Community Care Licensing Division may sanction residential care for older adults. Professional boards may suspend or revoke licenses for nurses, physicians, administrators, or aides.
Civil Liability
Liable parties may also face civil lawsuits. You can seek reimbursement for past medical bills, attendant care, and pain and suffering your loved one experienced and continues to endure.
In elder financial abuse cases only, California law may allow treble damages. Treble damages enable the court to increase the amount of compensation awarded in proven financial elder abuse cases, reflecting the seriousness of the misconduct.
Criminal courts may order repayment of stolen funds and out-of-pocket losses. Civil courts may order restitution.
Statute of Limitations for Civil Actions in Elder Abuse Cases
In civil cases involving elder abuse, survivors and their families have a deadline to file a lawsuit. Reporting the abuse to Adult Protective Services (APS) or law enforcement does not extend or pause the statute of limitations.
For personal injury cases, including physical abuse or neglect, California law sets the statute of limitations at two years from the date of the injury or discovery of the harm, per California Code of Civil Procedure (CCP) § 335.1. Any claim for personal injury damages must be filed within two years, regardless of whether the abuse was reported to authorities.
For financial exploitation or abuse, the statute of limitations is four years.
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How a Los Angeles Elder Abuse Lawyer Can Assist You
A Los Angeles elder abuse lawyer focuses on civil accountability and financial recovery. This can include investigating what happened, identifying liable individuals or institutions, and pursuing claims related to abuse, neglect, or financial exploitation.
In financial exploitation cases, civil counsel may work with financial records and transaction histories to help establish how funds were taken or misused. Criminal investigations, regulatory actions, and protective measures taken by Adult Protective Services (APS), law enforcement, or the courts follow separate processes and remain outside the lawyer’s control.
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We Guide You Through What Happens When You Report Elder Abuse
At Arias Sanguinetti, our team of elder abuse attorneys can explain what happens when you report elder abuse and advocate for your loved one, seeking financial recovery through a lawsuit.
Our team of lawyers focuses on justice, accountability, and results for our clients. Arias Sanguinetti has over 300 years of combined experience helping personal injury victims, and our team of attorneys has recovered over $2 billion in case results.
While past case results do not guarantee a future outcome in your case, we are dedicated to helping you and your loved one recover. Call us today for a free initial consultation.
Call or text 310-844-9696 or complete a Free Case Evaluation form
