Riverside Elder Abuse Lawyer

Elder Abuse Attorney in Riverside, CA

The elderly community can be vulnerable to abuse as they transition to a life post-retirement. It can be heartbreaking to find out a parent, sibling, or grandparent is experiencing pain at the hands of the people who were assigned to take care of them. If you believe an elder in your family has been victimized, you may connect with a Riverside elder abuse lawyer to review viable legal options.

At Belgum, Fry & Van Allen, we offer years of experience in California civil law and elder abuse cases. California has defined elder abuse laws. We can help our clients navigate them with ease and competence. We are committed to holding responsible parties accountable. Hire an elder abuse lawyer who can support you throughout the whole legal process.

Elder Abuse Laws in California

Elder abuse protections are housed within the Elder Abuse and Dependent Adult Civil Protection Act. This Act provides legal protection for the elderly community in the face of neglect, abandonment, and abuse. Moreover, this law also states that law enforcement officials, clergy members, and healthcare practitioners are mandated reporters. Failure to report abuse when it is noticed may lead to civil or criminal penalties.

The word “Elder” is usually used to describe a person over 65. About 10% of Riverside’s population is 65 and older. Riverside also has multiple retirement and senior living facilities scattered throughout the city. Regardless of the type of facility, the elderly community deserves to be treated with respect and dignity. When facing these challenges, their families have the opportunity to file an elder abuse claim.

How to Recognize Elder Abuse: Common Signs

Some signs could indicate the presence of abuse, neglect, or abandonment. Families and friends of the elderly may look for these signs to strengthen both their suspicion and an elder abuse case. These signs may include:

• Unexplained changes in behavior and more frequent aggression
• Unexplained bruises and other physical injuries
• Bleeding discharges and pain around the sexual organs
• Display of fear or uncharacteristic silence in front of caretakers
• Sudden drops in finances and suspicious bank activity
• Lack of personal hygiene, unkempt environments, and limited clothing

How to File an Elder Abuse Claim in Riverside

Filing an elder abuse claim can be a tedious process, but it is a crucial step to hold all parties involved in the abuse accountable. It is estimated that one in six people over the age of 60 has endured some type of abuse in a community setting, but not all claims will receive the same attention. An elder abuse claim needs the following to move forward:

• Gather evidence: This could include photographs of bruises, recordings of conversations, medical reports, victim and witness statements, etc.
• Report the abuse: Mandated reporters and family members may submit a report to the Riverside County Adult Services Division.
• File a formal claim: If seeking compensation for the abuse, a plaintiff may submit a formal claim through the Riverside County Superior Court. If the abuse was caused by a family member, the elder may request a restraining order.
• Engage in negotiations: Civil negotiations with healthcare providers may lead to a settlement between both parties. If an agreement cannot be reached, the plaintiff may file a legal claim.

Possible Legal Remedies for Elder Abuse in California

Elder abuse can fall under civil and criminal law. Those charged under the California Penal Code may face misdemeanor or felony charges depending on the severity of the offense. For instance, elder abuse charges resulting in murder can lead to life imprisonment, while elder abuse cases involving financial fraud may lead to a jail sentence and/or hefty fines.

Civil cases may result in damages. The Elder Abuse and Dependent Adult Civil Protection Act allows recovery of damages for pain and suffering, loss of income, medical expenses, and other losses. Egregious abuse may also entitle the plaintiff to recover punitive damages.

FAQs

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

The statutes of limitation may vary according to the type of abuse present. For instance, most elder abuse claims have a two-year statute of limitations from the time the abuse was discovered. Elder abuse involving financial crimes often has a four-year statute of limitations. Filing an elder abuse claim can take time, so it is important to watch for these deadlines or consult an elder abuse attorney for assistance.

How Can You Prove an Elder Abuse Case in California?

To prove an elder abuse case in California, an individual must be able to prove causation. In other words, the person must establish a direct link between a care provider and the elder abuse. The victim, or a representative of the victim, must show that a person, group, or institution owed a legal duty of care in a civil case. In criminal cases, the prosecution must show, beyond a reasonable doubt, that the elder suffered harm.

What Can Qualify as Elder Abuse?

Multiple actions can qualify as elder abuse. These actions may include physical abuse in the form of bruises and injuries, emotional and mental abuse through emotional distress tactics, sexual abuse, financial abuse by controlling the elder’s income and money flow, and negligence when a healthcare practitioner ignores their care duties toward the elder.

What Should You Do if the Abuse Occurred in a Nursing Home?

Elder abuse can and has occurred in nursing homes. There are legal protections for the elderly who have experienced abuse at the hands of a care facility. However, these cases are not easy, as nursing homes and other care institutions rely on powerful support and resources. We encourage people to seek legal counsel before filing a claim against a nursing home.

Hire an Elder Abuse Lawyer Today

At Belgum, Fry & Van Allen, we understand the severity of elder abuse cases. We are familiar with elder abuse laws and procedures in California, specifically in the Riverside area. Elders should spend their life post-retirement enjoying themselves and not suffering from abuse, and we are committed to holding all parties accountable for their actions. Contact us today to schedule a free consultation.