Founder and Managing Partner
Q: How do you prove a financial elder abuse case?
For the past 30 years, senior citizens have been flocking to California in record numbers. Unfortunately, California elder abuse attorneys have reason to be concerned for the safety of this fastest-growing segment of the population.
While the elderly may be victims of physical and/or emotional abuse at the hands of strangers, caretakers, friends or family, the statistics on financial elder abuse are also concerning.
Consider these alarming figures from the National Council on Aging and other studies:
- 5 million elders suffer from some form of abuse
- 1 in 10 people over age 60 are abused
- only 1 of every 14 cases of abuse is reported
- the victim’s family member is the abuser in 60% of cases.
Fortunately, there are California laws to protect senior citizens and compensate them in cases of nursing home abuse or other instances of elder abuse.
We often hear stories of nursing home neglect and abuse that can be physical, emotional, or financial in nature. But these very same abuses happen to elders who live independently or with family, even more frequently.
With respect to financial elder abuse cases, the victim (or their survivors if the abuse is discovered after their death) may be entitled to compensatory damages which vary depending on the particular circumstances of each case, but may include the return of the money or property or its value, pain and suffering, and attorney’s fees.
In order to prevail in a financial elder abuse case, the plaintiff must prove several things including that the elderly victim must’ve been “either 65 or older or a dependent adult” at the time of the abuse and that they suffered harm from the defendant’s actions. In addition, the plaintiff must prove the defendant “retained, appropriated, hid or took the property or money of the elderly person or helped someone else with doing so for an unlawful purpose or with the intent to defraud the victim.”
If you or a loved one has been a victim of elder abuse, by a nursing home or any other person or entity, the elder abuse attorneys at the personal injury Law Firm of J & Y, can help. Contact us for a free consultation.
From our headquarters in Los Angeles and our 21 locations throughout the state, our experienced and compassionate attorneys are close by and ready to help you right now.