Elder abuse is a crisis known to too many Californians. This abuse occurs most commonly in nursing homes and care facilities. In recent years, our team has encountered an increase in instances of elder abuse as more and more nursing homes prioritize their bottom lines over their duty of care. Our population is aging, which has created unprecedented demand for elder care. This shift has created a kind of financial gold rush in the nursing home business – outside corporate interests with neither experience in nor care for the treatment of our seniors are heavily investing in these facilities. Under the influence of these outside investors, an increasing number of nursing homes are prioritizing only profits, reducing staff, cutting corners on training, and providing substandard food, medical supplies, and even bedsheets. This gives rise to a variety of forms of elder abuse. Most often, these conditions lead to neglect, as under-trained and overextended staff fail to meet the needs of the seniors in their care. Outside of nursing homes, elder abuse is often perpetrated by family members or independent care providers. Our team of San Francisco personal injury lawyers is dedicated to combating elder abuse and securing justice and financial compensation for those who have suffered it.
At Arias Sanguinetti, these cases are personal to us. Many members of our team have aging parents in care facilities. We are passionate about our work fighting for justice on behalf of seniors who have suffered abuse. Our team has a strong record of success – we have secured well over $1 billion for our deserving clients throughout our 300 years of combined experience as a firm. Contact us today to hold the responsible parties accountable, to take the first step toward securing justice, and to prevent future abuse of other elders.
How do I know what constitutes elder abuse in San Francisco?
Any negligent act that causes harm to a senior can constitute elder abuse, especially if that act or the harm caused was only possible due to the physical or mental vulnerability of elders. Many seniors may struggle to express what happened to them, only increasing their vulnerability. Behind every abused elder is a devoted son or daughter striving to protect their well-being. Elder abuse is a severe injustice.
It’s important to recognize elder abuse when you see it. Elder abuse can include:
- Physical Abuse/Neglect. Neglect in nursing homes often gives rise to physical injuries such as slip and fall injuries, bedsores, catheter infections, illness due to malnutrition or dehydration, and more. Caring for seniors requires evaluating their needs and then meeting those needs. Often, this requires regular attention. For example, if a nursing home’s management knows a senior in its care needs help to use the bathroom but neglects to provide that care, that may constitute abuse.
- Psychological Abuse. Under-training and diminished wages in nursing homes can allow certain unqualified individuals to be responsible for the care of seniors. In some cases, staff may not understand or care that verbal abuse harms elders. This can include yelling, regularly admonishing, demeaning, and more.
- Financial Abuse. In some cases, seniors who may have a diminished understanding of finances due to their age may be manipulated into giving their money away. This scheme is a form of abuse. Countless elders have been tricked into giving away their life savings.
- Sexual Abuse. If you discover that your loved one has experienced sexual abuse, our team of San Fransisco elder abuse lawyers can help you pursue justice. We also urge you to contact the police. When this deep injustice occurs, those responsible must be held accountable.
Seniors have a diversity of physical and mental health needs that require proper care. Even well-intentioned staff can cause harm without proper training and support. Our team of San Francisco elder abuse lawyers will investigate what events and policies made the abuse of your loved one possible.
Seniors are vulnerable – even innocuous-seeming moments of neglect can be life-threatening. Contact us today for a free consultation.
What damages can I recover when I sue for elder abuse in San Francisco?
Damages in cases like yours typically fall into 2 categories: compensatory damages and punitive damages. Many of our clients are already familiar with compensatory damages. This form of damages seeks to remedy the harm caused to you and your family by providing financial compensation to make you whole. This can include compensation for medical costs, lost wages, pain and suffering, and more. Any claim for compensatory damages that we make must relate directly to an aspect of the harm you suffered, financial or otherwise.
Punitive damages are intended to penalize gross negligence and egregious misconduct. As opposed to compensatory damages, they are not intended to remedy the harm you suffered, but rather to deter future harm “for the sake of example and by way of punishing the defendant.” In California, the plaintiffs receive any punitive damages that arise from a case. In certain other states, the state’s government retains a portion.
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How long do elder abuse cases take in San Francisco?
As with all litigation, each case is different. In some cases, the negligent parties may be willing to accept responsibility quickly and settle the case. If the parties responsible for the harm you or your loved one suffered are unwilling to pay you what you deserve, we will proceed with litigation against them. At Arias Sanguinetti, we are trial lawyers with extensive experience in all aspects of litigation.
Our team has secured countless positive verdicts, judgments, and settlements for our deserving clients through elder abuse litigation. Most often, this process proceeds through the following stages:
- Investigation. Our team conducts rigorous independent investigations of the facts of your case. This includes your testimony, which is always central to the work we do. Our team has considerable resources to retrieve police reports, medical records, and more evidence to support your case.
- Negotiation. Having an experienced San Francisco elder abuse lawyer by your side is essential at this stage. The strength of our investigation pairs with our trial and negotiation experience to give us maximum leverage. The defense understands that we are trial lawyers who will never accept a lowball offer, which also increases our leverage in negotiating on your behalf.
- Litigation: Filing a Complaint. When the parties responsible do not agree to our demand letter, we will work with you to file a lawsuit. The complaint, which is the document that states your claims, will detail the findings of our investigation, along with your testimony.
- Discovery and Depositions. In the majority of instances, the defense must provide our team with all relevant documentation and information that might relate to your claims. The revelations made during discovery can affect settlement negotiations. Our team will also hold recorded, under-oath interviews with any relevant witnesses – this is known as depositions.
- Potential Mediation and Further Negotiation. At any point during this process, if it is beneficial to you, we may engage in mediation to attempt to reach a settlement. Mediation is an independent negotiation process that is usually overseen by a retired judge or lawyer.
- Motions and Trial. Our team at Arias Sanguinetti has completed countless trials and won several awards for our work in the courtroom. We take pride in our work as trial lawyers, routinely appearing on panels and instructing continuing legal education classes. This stage in the process can be complex, but with our team of San Francisco elder abuse lawyers at your side, you can feel confident that you have top-notch legal representation.
- Judgment of Verdict. Most elder abuse cases will be decided by a jury if they go to trial. As your team of attorneys, we will demonstrate to the jury not only the negligence of the defendants but also the extent of the harm you suffered and the specifics of the financial compensation you deserve.
At every step of this process, our team of San Francisco elder abuse lawyers will be in touch with you. We are invested in our relationships with our clients – we believe you deserve justice for your experience and are proud of our part in making that possible. Contact us today.
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How much is my San Francisco elder abuse case worth?
Our team of San Francisco elder abuse lawyers will investigate the specifics of your damages to write a demand letter on your behalf. This will include a wide variety of claims and there is no maximum for how much you can recover. We have recovered well over $1 billion on behalf of our deserving clients.
Our clients have often received financial compensation in relation to:
- Medical Bills. The parties whose negligence created the need for medical expenses should reimburse these costs. These parties can also be held accountable for future medical expenses such as chronic condition management and physical therapy.
- Financial Losses. Elder abuse often includes financial losses, which can be especially severe in a case of financial abuse in which someone takes advantage of a senior’s mental vulnerability to steal their money.
- Emotional Counseling. Elder abuse is a traumatic experience. Seniors are deeply vulnerable to those who care for them – experiencing abuse in this setting can be challenging to recover from. Counseling can help ease emotional recovery.
- Pain and Suffering. Elder abuse can affect exceptionally precious years that you have with your loved one – you and your loved one deserve to be compensated for your pain and suffering.
- Lost Wages. If you or a loved one lost wages due to elder abuse, this can be part of your claim.
Each case is unique, but our team takes pride in recovering every aspect of financial compensation that you deserve. We believe you deserve to be compensated for your experience – contact our team today to arrange a free consultation.
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How much does a San Francisco elder abuse lawyer cost?
Legal representation can be a costly barrier to pursuing justice – that’s why we provide our services for free until we win for you. Our clients come from a broad spectrum of socioeconomic statuses. We refuse to let costly retainers stand in the way of your receiving the compensation you deserve. Every step along the way – from your consultation to trial – is at no out-of-pocket cost to you. We are deeply proud of the life-changing financial compensation we have been able to provide to our many clients throughout our firm’s decades-long history.
You only get one chance to pursue justice – contact us today.
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