Why You Need a Lawyer If You Suspect Elder Abuse

Elder abuse is a heartbreaking reality for millions of seniors every year. Whether it’s physical, emotional, or financial abuse, the effects can be devastating for your loved one. 

If you suspect elder abuse in Kern County, it’s critical that you take immediate action to ensure your loved one’s safety.

Act Quickly If You Suspect Elder Abuse

If you think your loved one is experiencing elder abuse, it’s essential to act quickly. Evidence can deteriorate over time, and your loved one’s safety may be at risk if action isn’t taken swiftly. 

An attorney can help you file necessary reports and pursue legal action as soon as possible to stop the abuse and protect your relative from further harm. The sooner you contact an attorney, the better the chances are for a successful case and securing justice.

Benefits of Hiring a Lawyer for Elder Abuse Claims

As experienced elder abuse attorneys, we guide you through the legal process and ensure that your loved one is treated with care and respect.

Advocating on Your Loved One’s Behalf

Elder neglect legal claims can be challenging due to the vulnerable nature of the victim. Seniors may have diminished physical or cognitive abilities, making speaking out or defending themselves more difficult. A lawyer can step in to safeguard their legal rights and ensure that any reports of abuse or neglect are taken seriously.

Determining Liability

Elder abuse cases require a comprehensive understanding of medical, psychological, and legal principles. Multiple parties may be involved—such as medical professionals, nursing homes, or caregivers—all of whom could be responsible for the harm. 

Your legal advisor should be familiar with each party’s responsibility under the law, the duty of care to patients, and the state regulations that nursing homes must follow. These will all play a part in determining which person(s) will be named in your claim.

Navigating the Legal Process

Without legal expertise, it’s easy to become lost in the maze of laws, regulations, and procedures. An elder abuse lawyer can help you understand the nuances of the case, gather necessary documentation, and guide you through the legal system. This allows you to focus on what matters most—your loved one’s well-being—while knowing that the case is handled by someone with the necessary experience to pursue justice.

Gathering Crucial Evidence

One of the most critical aspects of an elder abuse case is proving that abuse or neglect occurred. This requires detailed evidence to support the claims and establish a clear connection between the alleged actions and the harm caused. 

An experienced lawyer knows how to assemble evidence, including medical records, testimonies from healthcare professionals, and any relevant documentation from nursing homes or care facilities. 

They can also consult experts, such as doctors or forensic specialists, to assess the victim’s condition and determine the extent of the abuse or neglect. Solid evidence is essential for building a strong case and ultimately securing justice for your loved one.

Pursuing Compensation for Damages

In many cases, elder abuse or neglect can result in significant financial and emotional damages. Medical expenses, rehabilitation costs, and long-term care can quickly add up, leaving families struggling to cope with the financial burden. 

The pain and suffering your loved one endures can have an acute impact on their quality of life, sometimes permanently altering their physical or mental health. A skilled lawyer can help you pursue full compensation, ensuring the responsible parties pay for the damage they have caused.

Holding Negligent Caregivers Accountable

Your legal action can get justice for your loved one, but it also helps expose systemic problems in care facilities or the healthcare system. Holding negligent caregivers accountable sends a clear message that abuse will not be tolerated, creating the potential for wider reforms and helping prevent future incidents of elder abuse.

Potential Compensation for Elder Abuse

If you pursue an elder abuse case, you may be entitled to several types of compensation for the financial and emotional toll that the abuse has taken on your loved one. Each case is unique, and your attorney will help assess all of your losses to ensure your loved one is fairly compensated. 

That said, here are some of the potential forms of compensation:

• Medical expenses. Coverage for the cost of treatments, surgeries, medications, and rehabilitation needed due to the abuse.
• Pain and suffering. Compensation for physical and emotional pain suffered by your loved one as a result of abuse or neglect.
• Emotional distress. Damages for the mental anguish, anxiety, and depression caused by the traumatic experience.
• Legal fees and expenses. Compensation for the legal costs incurred during the pursuit of the case, including attorney’s fees, court fees, and investigative costs.
• Loss of consortium. If the abuse has caused emotional damage to family members—such as loss of companionship—compensation may be available.
• Lost wages. If the abuse has resulted in a loss of work or an inability to return to work for family caregivers, this can be compensated.
• Rehabilitation and therapy. Funds to cover psychological treatment or counseling for your loved one to recover from emotional or mental trauma caused by the abuse.
• Loss of quality of life. If the abuse has significantly affected your loved one’s ability to enjoy daily activities or diminished their quality of life, compensation may be awarded.
• Long-term care costs. Financial support for any ongoing nursing care or assisted living may be necessary if the abuse has caused lasting harm.
• Punitive damages. Sometimes, punitive damages can be awarded to punish the abuser or facility for their actions and to deter future misconduct.

Elder Abuse Attorney Free Consultation

No one should have to experience elder abuse. However, if you think this may be happening to someone in your family, it costs nothing to learn your options about legal help for elder abuse. 

Contact Chain | Cohn | Clark for a no-obligation, free case review today.