Everything About Elder Abuse as Personal Injury Claim

Updated: Apr 18

Personal Injury claims from elderly abuse and neglect.

Abuse of the elderly can take several forms. Physical violence, such as when a nursing home employee slaps or moves a resident, is one example. It may also be a matter of money, such as when an unscrupulous stockbroker tricks an elderly client into a risky investment. In certain situations, such as excessive emotional abuse or a caregiver's repeated inability to meet an elder's basic physical needs, it can be subtle and difficult to identify.

California's elder abuse laws protect seniors from the damage of any manner and provide for legal redress in the event of abuse. That said, let's talk about California Personal Injury to the Elderly, as they will be handled by prescreened Los Angeles Elder Neglect Lawyer.

elder abuse attorney in california

As the number of people over the age of 65 continues to increase, these concerns have been sent into the spotlight in recent years. This issue, however, is not new; only the level of attention given to it and the urgency with which it must be addressed has changed. Although there is still much work to be done to ensure that none of our senior citizens are again subjected to violence, several states have now implemented robust regulatory mechanisms to identify and prosecute perpetrators.

Federal Legislation on Elder Violence

The Elder Justice Act was the first federal law passed to allow a particular source of federal funds to combat elder abuse, neglect, and exploitation. The Act was part of the Patient Protection and Affordable Care Act (PPACA) on March 23, 2010.

Congress passed the Older Americans Act in 1965 in response to lawmakers' fears about a shortage of community social care for the elderly. The Older Americans Act was reauthorized in 2016, with provisions to protect disabled elders by improving the Long-Term Care Ombudsman program and subsequent elder abuse screening and prevention efforts.

If you or your elderly loved one has suffered elderly abuse, then you might be able to file claims with a Los Angeles Elder Neglect Lawyer. An experienced prescreened Elder Care Abuse Attorney will know their way around the law, and can help you collect evidence, file the right paperwork, and represent you in court.

California's Regulations on Elder Violence

California was one of the first states in the country to pass robust anti-abuse laws. The Elder Abuse and Dependent Adult Civil Rights Act of 1982 (the "Act") creates a civil cause of action for a wide variety of actions generally known as "elder abuse," such as physical abuse, negligence, and financial abuse, and requires certain persons to report alleged cases of elder abuse to the appropriate authorities. In the intervening years, numerous amendments have broadened its reach. The Legislature reported three general reasons for enacting the law in its legislative findings:

  • Adults who are elderly, infirm, or dependent are a vulnerable group.

  • Criminal prosecutions against those who exploit these people are uncommon, and

  • Owing to difficulties with evidence, court delays, and a lack of incentives to prosecute these cases, civil actions for elder abuse are also uncommon.

As a result, the Act's primary purpose was to "foster and encourage community programs for the economic, social, and personal wellbeing of its residents in order to protect those mentioned in this section."

A California personal injury lawyer can calculate the compensation you'll get based on the financial and emotional damages you and your loved ones suffer. This ensures that the liable party is held financially responsible for the abuse and neglect.

The State of California's on Physical Elder Abuse

Physical Abuse as Described by California's Elder Abuse Laws

Although the word "Physical Elder Abuse" is frequently used as a catch-all for any action that causes physical distress to an elderly person, the Act describes it very clearly. Physical violence, according to the Act, includes all of the following:

  • Attack/assault on an individual

  • Assault with a lethal weapon or force likely to inflict serious bodily harm

  • Physical restriction that is unnecessary

  • Deprivation of food or water for a prolonged period of time

  • Sexual Assault

  • Battery

  • Rape

  • Rape in a public place

  • Spousal rape

  • Infidelity