Elder Abuse
Elder Abuse
Elder Abuse Lawyer
The decision to place an aging loved one in a nursing home or assisted living facility does not come lightly. You trust the medical staff to provide quality care for your family members as they adjust to their new environment, but, unfortunately, the staff at these facilities may not always uphold a satisfactory level of care. Situations may arise where your loved one suffers abuse at the hands of the facility’s staff. An elder abuse lawyer from Benchmark Injury Law can help you.
Common Types of Elder Abuse
No one wants to believe their loved one could suffer abuse at the hands of the individuals tasked with caring for them at nursing homes or assisted living facilities. However, the unfortunate truth is that elder abuse occurs much more commonly than you may think. Some of the most common types of elder abuse are:
Abandonment
Abduction
Bed sores
Dehydration
Fraud
Isolation
Neglect
Over or under-medicating
Overcharging for medical care
Recommending false remedies
Sexual abuse
Starvation
Theft
Shaun Phillips of Benchmark Injury Law represents clients who have been victims of elder abuse. Elder abuse can cause serious physical, mental and emotional harm, sometimes resulting in mental health issues, illnesses, or even death. Regardless of the type of abuse your loved one may have endured, they deserve justice for the injuries and losses they have suffered.
Can You Collect Damages from an Elder Abuse Claim?
It may seem like no amount of money could ever make up for what your loved one has suffered as a victim of elder abuse. While we understand this, it is still important that the victims of elder abuse receive justice for all injuries and losses. The damages that victims may be eligible to collect following an elder abuse claim include:
Medical expenses: compensation for the medical bills incurred as a result of any treatment related to injuries sustained from the elder abuse, including hospital and doctor’s visits, as well as the cost of future care that may be required.
Pain and suffering: compensation for pain and suffering, emotional distress, fear, shame, anxiety, and more, suffered as a result of the elder abuse.
Wrongful Death: If your loved one has died from elder abuse, you may be compensated for the loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, and more, suffered from the loss.
If you are unsure what damages you may be eligible to collect following an incident of elder abuse, elder abuse attorney Shaun Phillips can help by reviewing the specific details of your case.
Statute of Limitations for Elder Abuse Claims
If you discovered that your elderly family member has suffered abuse at the hands of a caregiver, you should pursue a claim for personal injuries as soon as possible. In California, the statute of limitations for elder abuse cases is two years from the time the abuse took place, as stated inSection 335.1 of the California Code of Civil Procedure.
Legal proceedings can take time, and it is important you begin the process early to avoid any delays affecting your ability to open a claim, as well as the destruction or loss of evidence that occurs with time.
Contact Elder Abuse Lawyer Shaun Phillips at Benchmark Injury Law
If you believe your loved one has been the victim of elder abuse, contact Shaun Phillips at Benchmark Injury Law today. Shaun can help you gather evidence, build your elder abuse claim, and guide you through the difficult and surely contentious process.
Benchmark Injury Law is a law firm with experience helping clients whose family members were victims of elder abuse. Benchmark Injury Law understands handling a personal injury claim on your own can leave you feeling overwhelmed. Shaun Phillips is here to provide you with personalized service and the experienced legal representation you deserve.Shaun Phillips is dedicated to building strong relationships with his clients, so he may understand their unique needs and provide them with the personalized representation they deserve.
To schedule a complimentary consultation with an elder abuse attorney,contact us here or call 844-BIG-WINZ (844-244-9469).
Frequently asked questions
What are possible warning signs of elder abuse or neglect?
Unexplained injuries, untreated health concerns, poor hygiene, sudden changes in finances, or fearfulness may warrant attention. These signs do not prove abuse; focus first on immediate safety and professional assessment.
What should I do if I am concerned about an older adult’s safety?
If there is immediate danger, contact emergency services. Otherwise, document what you observed, seek medical attention when needed, and consider reporting concerns to the appropriate local authority or care-facility contact.
What records may help explain concerns about care?
Dated notes, photographs when appropriate, care plans, medical records, and communications with the facility may help. Request records through authorized channels and avoid disturbing the person’s care.
What records should I organize for a elder-abuse or neglect concern matter?
Useful records may include dated observations, care plans, authorized medical records, photos when appropriate, and facility communications. Keep available documents in their original form when practical, and do not put your safety at risk to collect them.
Should I wait until I have every record before asking about a elder-abuse or neglect concern matter?
Not necessarily. Note which records you have, which are missing, and who may hold them. An initial review can identify additional information, but it is not legal advice for your specific situation.
Does one detail determine the outcome of a elder-abuse or neglect concern matter?
No. For example, whether a change in health or finances has an explanation other than abuse or neglect may matter, but its significance depends on all the evidence and applicable rules. An individual review should consider the full context.
What consequences may be relevant in a elder-abuse or neglect concern matter?
A review focuses on the legal questions and practical effects raised by the situation. Some civil matters may involve documented medical or financial effects; others turn on procedures or agreements. What is relevant depends on the facts and law.
Does every elder-abuse or neglect concern matter follow the same process?
No. The process may depend on the type of matter, jurisdiction, parties, and applicable documents. A case-specific review can clarify the relevant steps without assuming one procedure fits every situation.
Is there one deadline for every elder-abuse or neglect concern matter?
There is no single deadline that applies to every case. Timing may depend on the law, jurisdiction, parties, and type of claim; ask promptly about your specific circumstances.
Does contacting Benchmark create an attorney-client relationship for a elder-abuse or neglect concern matter?
No. An initial conversation does not by itself create an attorney-client relationship. Representation, scope, and fees must be expressly agreed before the firm accepts a matter.
Call 844-BIG-WINZ (844-244-9469) · Free consultation
Serving clients across California and Idaho.