The elderly play an essential role in our lives. Often, they are guides who provide valuable life lessons and care throughout our lives. Unfortunately, with older age comes depleting health. Sometimes, individuals choose to take advantage of elderly persons who can not defend themselves or are unaware that they are being exploited.
When your loved one is a victim of elder abuse, the emotions can be painful. Anger and guilt are common, but feelings of helplessness don’t have to be. Matthew De Lira APC is here to provide competent legal representation if you or a loved one has been a victim of elder abuse. As a Carlsbad elder abuse attorney, he won’t back down at any step of the process and will ensure the individual or business responsible for abusing your loved ones is held accountable financially. Call our Carlsbad personal injury lawyers today at (858) 333-7477 to set up a free case consultation.
What Is Considered Elder Abuse?
Elder abuse in California is a criminal offense. According to California Penal Code §368, when a victim over the age of 65 is caused to suffer physical or mental pain under unjustifiable circumstances that could endanger their safety, elder abuse has occurred. For someone to be found guilty of elder abuse, they must have purposely acted to cause harm to the elderly individual. Depending on the length of the abuse, how the pain was inflicted, and how much damage was caused to the elderly, the criminal charge can be considered either a misdemeanor or a felony.
Elder abuse is not limited to physical or mental violence against the elderly. California also considers financial fraud against the elderly to be elder abuse. Under California Penal Code sections 368(d) and 368(d), stealing or embezzling (misappropriating) money from a senior citizen is a criminal offense. California does not take elder abuse lightly. These laws protect a vulnerable class of people who are commonly more susceptible to fraudulent behavior and abuse.
Can I receive Monetary Compensation For My Elder Abuse Claim in Carlsbad?
Yes, those who choose to abuse the elderly are at risk of serious financial consequences, including exposure to civil lawsuits. Under the Elder Abuse and Dependent Adult Civil Protection Act, California has included provisions that cover a wide range of abusive behaviors. Enacted in 1982, the purpose of this act is to protect elderly and dependent adults from neglect, abuse, and abandonment. The EADACPA also outlines protections for nursing home residents and establishes requirements for reporting and prosecuting elder abuse.
Due to the Act’s enhanced damages provision, violations of this act are susceptible to increased exposure to monetary penalties. Victims of elder abuse can recover monetary compensation for:
- Pain and Suffering
- Medical Expenses
- Punitive Damages
- Attorney fees
These are just some of the potential areas of recovery for elder abuse victims. The actual amount awarded will depend on a variety of factors such as the severity of the abuse and the offender’s economic status. A Carlsbad elder abuse lawyer can help recover compensation.
Take Action Today, Call Matthew De Lira APC
If your loved one has been a victim of elder abuse, you should not wait to take legal action with a Carlsbad elder abuse attorney. With criminal and civil options at your fingertips, you shouldn’t stand by idly while your loved one is abused. Take action to protect the elderly in your life today. Contact Matthew De Lira APC to discuss the value of your Carlsbad elder abuse case and take the first step toward holding abusers accountable. We offer free consultations, so why wait?