Ontario Elder Abuse Lawyer

Elder Abuse Attorney in Ontario, CA

The elderly community should spend their post-retirement years in a safe, cozy environment, and families often rely on caregivers or nursing homes to provide assistance and proper care for their loved ones. It can be devastating to realize that these places of care have become places of abuse. If you believe that your loved one has been abused, an Ontario elder abuse lawyer can review your case and discuss next steps.

At Belgum, Fry & Van Allen, we take elder abuse cases seriously. Our attorneys have spent years assisting the people of Ontario with civil matters, and we are willing to assist with claim filings and take cases to court if desired. Our clients can expect tailored support, aggressive representation, and a commitment to ensure due justice and compensation. Hire an elder abuse lawyer who can support you from beginning to end.

Elder Abuse Laws in California

California is a state with defined legal statutes protecting its elderly community from abuse. For instance, the Elder Abuse and Dependent Adult Civil Protection Act acknowledges that the elderly are an at-risk population entitled to civil and legal remedies in the face of abandonment, neglect, or abuse. The State also emphasizes that law enforcement officials, clergy officials, and health practitioners are mandated reporters.

California has a growing aging population. Ontario, for example, projects 13% of its population to be over 65 years old by 2029. Elder abuse is a serious offense punishable by California Elder Abuse law, and the elderly and their families can rest assured knowing these offenses are as critical as those under the Penal Code.

How to Recognize Elder Abuse: Common Signs and Behavioral Patterns

Abuse is not always easy to recognize. It is reported that one in six individuals in a community setting has suffered some type of abuse. While the elderly may not be as open to communicating about their issues as other age groups, their loved ones may look for the following signs:

• Sudden and aggressive behavioral changes that cannot be attributed to illness or a chronic condition.
• Unexplained cuts, bruises, or injuries.
• Disregard of an elder’s physical or emotional condition.
• Lack of personal hygiene, organized environment, food, or proper clothing.
• Absence of medical aids (e.g., medication, glasses, or hearing aids).
• Discharge of blood or presence of infection around the sex organs.
• Unexplained changes in an elder’s finances (e.g., cash withdrawals, rapid loss of income, etc.).

Possible Elder Abuse Penalties in California

The penalties associated with elder abuse may vary according to the severity of the offense, because elder abuse can overlap with other crimes under the California Penal Code. For instance, elder abuse resulting in murder can lead to life in prison without the possibility of parole, while failure to report abuse can result in serving six months to a year in jail and a $2,500 to $5,000 fine.

Generally, cases involving force or higher financial losses are more severe and carry the longest prison or jail sentences. Defendants may aim to downplay the severity of the offense to receive a lesser sentence, so it is imperative to work with an aggressive elder abuse attorney who can advocate for fair penalties.

Filing an Elder Abuse Claim in Ontario

The process of filing an elder abuse claim in Ontario can be overwhelming, yet it is a necessary step to achieve justice for your loved ones. To file a claim, individuals may consider the following:

• Documentation of the evidence: This includes bruises, witness statements, statements from caregivers, changes of behavior, conversations, photos, etc.
• Report the abuse: An elder abuse case in Ontario can be reported to the San Bernardino County Adult Protection Services agency. This agency works with other state and law enforcement agencies to verify the validity of the claims.
• Submit a claim: Individuals may file a claim with the Superior Court of San Bernardino County, which has 14 courthouses under its jurisdiction. Ontario residents may file elder abuse claims with the Fontana District courthouse.
• Negotiations or court involvement: If a defendant is affiliated with a nursing home, there may be remedies in the form of damage awards. If an agreement cannot be made, the plaintiff may choose to take the case to court.

FAQs

How Can You Prove an Elder Abuse Case in California?

To prove an elder abuse case, the individual must show signs of abuse as well as prove the abuse originated from a person, group, or facility legally responsible for the elderly’s care and service. The plaintiff must follow proper procedure, regardless of whether they are pursuing a civil or criminal action, and ensure all evidence points to this causation.

Who Can File an Elder Abuse Claim in Ontario?

Multiple people can file an elder abuse claim in Ontario. This could include the victim, their spouse, children, and close relatives, with power of attorney. Victims may be more hesitant to file a claim, so their families tend to take on this responsibility. Families may choose to work with a lawyer to ensure a smooth filing process.

What Actions Can Qualify as Elder Abuse?

Elder abuse can take many different forms, as abuse does not always involve physical contact. Elder abuse can be physical, sexual, financial, psychological, emotional, or neglectful. This is why an individual should participate in regular check-ins with their loved ones and take note of any unexplained physiological or psychological changes.

What Are the Statutes of Limitations for Elder Abuse in California?

Elder abuse claims, like most personal injury claims, have a two-year statute of limitations from the time an abuse discovery was made. Elder abuse cases involving financial abuse often have a four-year statute of limitations. The clock starts ticking once the plaintiff discovers, or should have reasonably discovered, the presence of abuse.

Hire an Elder Abuse Lawyer Today

At Belgum, Fry & Van Allen, we understand the severity of an elder abuse case. We are committed to providing compassionate representation as you navigate these challenging times. We can assist with claims, exploring elder abuse laws, and reviewing compensation options. Contact us today to schedule a free consultation.