Suspecting that your elderly family member is being physically abused is an emotional experience. Not only has your parent, grandparent, or relative been physically or financially abused, but you are left dealing with the emotional aspect of knowing that someone has actively harmed your loved one. Elder abuse cases commonly occur at the hands of trusted caregivers who are supposed to protect elders and have their best interests at heart. Sometimes, elder abuse can even happen at the hands of their own families.
Matthew De Lira APC knows how to handle San Diego Elder abuse cases. He’ll investigate the cause and culprit of the abuse and bring legal action against all appropriate parties. Although he brings a compassionate and empathetic approach to his client’s San Diego elder abuse cases, he will be aggressive at every step of the legal process, making sure the person or company responsible for abusing the elderly is held liable to the fullest extent of the law. Call (858) 333-7477 today to schedule your free consultation and let’s talk more about your case.
What Is Elder Abuse in San Diego?
Elder abuse is considered a criminal offense in California. As defined by California Penal Code Section 368, elder abuse occurs when a victim over 65 years old is caused unjustifiable physical pain or mental suffering under circumstances that occurred under circumstances that could have endangered the elder’s life or health. To be found guilty under this statute, the offender must act willfully. This means that they acted on purpose. Depending on the circumstances, elder abuse can be a misdemeanor or a felony offense.
Elder abuse can also result from financial fraud. Under California Penal Code sections 368(d) and 368(d), theft or embezzlement of property or money from someone over 65 is punishable by law. These laws protect elderly individuals who are sometimes less intuitive than the typical citizen and more susceptible to fraudulent activities. In many situations, older people are financially exploited by their family members, who portray themselves as loving caregivers.
Can I Start A Civil Case For Elder Abuse in San Diego?
Although elder abuse may have criminal consequences, offenders may be on the hook for providing victims with monetary compensation as well. California has enacted the Elder Abuse and Dependent Adult Civil Protections Act, which includes sections that include provisions for many different types of abuse. This act was created with dependent and elderly adults in mind. The purpose of the act is to protect vulnerable classes of people from abuse.
The act carries with it an enhanced damages provision. This means that the monetary awards available for violations of this act exceed what would typically be recoverable in abuse cases. To be found guilty under this act, the offender is not required to act willfully. Instead, a lower intent standard known as negligence applies. This means that actions that aren’t considered criminal can still result in monetary awards for victims.
Take Action Fast to Protect Your Loved Ones
Elderly abuse is devastating. With the effects ranging from physical injury to financial distress, if you suspect your elderly family member is being abused, it’s important to act fast to stop the damage in its tracks. California places a strong emphasis on protecting vulnerable classes of people, such as elders, and has protections in place to recover money for damages caused by elder abuse. Contact Matthew De Lira APC today to schedule a no-cost consultation and take the first step toward protecting your loved one, with a San Diego elder abuse attorney.