Elder Abuse In California
Physical abuse of an elder is any action that results in the physical harm, pain or mental suffering of a person who is 65 years of age or older. Additionally, dependent adults are entitled to protection under elder abuse laws. These people may suffer elder/dependent adult abuse such as:
- Assault or battery
- Sexual assault or battery
- Unreasonable physical restraint
- Prolonged or continual deprivation of food or water
- Physical or chemical restraint or psychiatric medication for punishment
Common Types Of Elder Abuse & Nursing Home Neglect
Elderly people are vulnerable to several types of abuse, including:
- Financial elder abuse
- Psychological Abuse
- Physical elder abuse
- Emotional elder abuse
- Sexual Abuse
- Neglect, referring to the failure of a caregiver to provide for basic needs
At Winer, McKenna & Burritt, LLP, our Oakland personal injury lawyers represent elderly clients and the family members of victims who have suffered abuse of any type. Our attorneys handle cases throughout California from main offices in Oakland and Los Angeles. Our partner attorneys have more than 60 years of combined legal experience between them, and our firm is among the top personal injury firms in the state.
We have recovered more than $200 million for people with injury and damage claims throughout California, and we are committed to holding negligent and wrongfully acting parties accountable for elder abuse.
What does a plaintiff have to prove to win an elder abuse case?
- To be entitled to the special remedies in an elder abuse case, the plaintiff must prove by clear and convincing evidence that the defendant is liable for physical abuse, neglect or fiduciary abuse and that the defendant has been guilty of recklessness, oppression, fraud and malice in commission of the abuse.
Can You Bring An Elder Abuse Lawsuit?
People who may bring a lawsuit under California elder abuse laws include: elders and dependent individuals; successors in the interest of a deceased elder or dependent adult, or the estate of the decedent; family members of elders or dependent adults; and conservators or guardians of an incompetent elder or dependent adult.
If you notice signs of abuse, it is critical to consult with an experienced elder abuse lawyer as soon as possible. Beginning the discovery phase of litigation quickly is critical to success of your case. Cases often involve many complex legal and medical issues that are the greatest determining factors in demonstrating liability and quantifying the financial compensation and possible punitive damages that should be awarded.
Significant Elder Abuse Cases
- $800,000 recovery for a man whose medical needs were grossly neglected by his health care provider, thus rendering him extremely dysfunctional and unable to care for himself.
- $750,000 recovery three times in excess of the state medical malpractice limits because Winer, McKenna & Burritt, LLP, was able to show the negligent nursing home’s inadequate staffing and failure to contact treating physicians constituted elder abuse.
- $700,000 recovery for a disabled 24-year-old man who suffered unexplained wounds on his back under the care of a nursing home facility. A pathologist concluded that the wounds could not possibly have been self-inflicted, and a life-care expert was retained to testify that expensive around-the-clock, in-home care would be required into the future because the man was too scared to return to any type of facility.
For more detailed information, please see our Elder Abuse & Nursing Home Abuse FAQ.
Call Winer, McKenna & Burritt, LLP | Oakland Personal Injury Lawyers
For a free initial consultation with a Los Angeles, San Francisco or Oakland-based elder abuse lawyer, call (510) 433-1000 or complete our online form.