Elder neglect is a critical problem that often goes unnoticed, leaving vulnerable seniors suffering in silence. This form of elder abuse occurs when a caregiver fails to provide essential care, resulting in harm or suffering to the elderly individual.
At Trust Law Partners, we understand the devastating impact of elder neglect and our experienced attorneys are dedicated to protecting the rights of seniors and holding those responsible for their care accountable. If you suspect elder neglect or if you or a loved one has been a victim, we can help. Contact Trust Law Partners, LLP, for a free case evaluation.
Elder Neglect in California
Elder neglect in California occurs when those responsible for caring for elderly individuals fail to provide adequate care. This can occur in various settings, including homes, nursing homes, and assisted living facilities.
Specifically, it involves caregivers who are charged with providing essential care to elderly individuals who can no longer care for themselves. These essential services may include:
- Providing nutritious meals and sufficient hydration
- Maintaining personal hygiene through bathing, grooming, and dental care
- Assisting with household tasks such as laundry and cleaning
- Assisting with household tasks such as laundry and cleaning
Elder neglect can take various forms, including:
- Physical neglect (e.g., lack of food, hygiene, or medical care)
- Emotional neglect (e.g., isolation, lack of companionship)
- Physical abuse
- Emotional abuse
- Sexual abuse
- Abandonment
- Financial exploitation
- Self-neglect
Signs of Elder Neglect
Neglect occurs when essential care is withheld, resulting in a decline in the elderly person's well-being. The following signs are major red flags that should never be ignored, as they strongly suggest potential neglect:
- The presence of bedsores and pressure ulcers
- Unexplained bruises or injuries
- Unexplained weight loss or gain
- Dehydration
- Substandard hygiene
- Unkempt or filthy living quarters and facilities
- Rapid, unexplained decline in health
- Unexplained personality or mood changes
- Financial irregularities and missing money or property
Justice Through Compensation for Elder Neglect
Victims of elder neglect in California have the right to seek compensation. An experienced elderly abuse attorney can help you navigate the legal process and pursue the compensation you deserve.
Victims of elderly neglect may be entitled to the following damages:
- Medical expenses: Costs of treatment, rehabilitation, and long-term care
- Lost wages and income: Compensation for lost earnings and earning capacity
- Pain and suffering: Damages for physical and emotional distress
- Loss of enjoyment of life: Compensation for the diminished quality of life due to the neglect
For serious cases involving intentional, severe neglect, abuse, or abandonment, punitive damages may be sought. Punitive damages are intended to punish the wrongdoer and deter similar acts of negligence in the future.
What to Do if You Suspect Elder Neglect
If you suspect elder neglect or abuse, prompt action is crucial. You may be the only person who can act to protect your loved one from further harm. If the situation is urgent or you suspect criminal activity, contact 9-1-1 or the local police immediately.
An additional step is to contact agencies such as the State Department of Social Services, Adult Protective Services, the caretaker’s employer, and the relevant facility administrators.
Additionally, make sure to thoroughly document any evidence of neglect with written, photographic, and video evidence. This documentation will be crucial when seeking legal recourse. The statute of limitations for elder neglect claims in California is two years for cases causing physical injury. If financial harm occurs, the victim has four years to take legal action.
Get Justice for Your Loved One
We understand the emotional and financial toll elder neglect and elder abuse can have. Victims deserve justice.
Contact the legal team at Trust Law Partners today for a FREE consultation to learn how we can help you.