Elder Abuse Attorney in West Covina, CA
Californian seniors deserve to be treated with respect and care. No one should ever have to suffer elder abuse, yet this issue is all too common, particularly in senior care homes. If you’re concerned that your loved one is suffering abuse at the hands of a caregiver, contact a West Covina elder abuse lawyer.
Trust Thon Beck Vanni Callahan & O’Connor
If you’re looking for a skilled lawyer to take on your elder abuse case, look no further than Thon Beck Vanni Callahan & O’Connor. Our team has been practicing in the field for more than 40 years, and in that time, we’ve developed an in-depth understanding of elder abuse laws and how they apply to different situations. We can help you determine whether you have a claim for elder abuse and hold the responsible party accountable for the damage they’ve caused.
Why Hire an Elder Abuse Lawyer?
Over 200,000 elder abuse cases are reported in California every year, and only an estimated 1 out of every 14 cases gets reported. What that indicates is that we have a serious problem with elder abuse on our hands, much of which occurs in senior care homes. One study showed that 64% of nursing home staff reported having committed elder abuse within the past year.
You don’t have to sit by quietly while your loved one suffers. You can hire an elder abuse lawyer to help you file a claim against the liable party, whether it’s a home care worker, senior living facility staff member, or anyone else who comes into contact with your loved one. Your lawyer can help you collect and evaluate evidence and use it to build a case against the responsible party, holding them to account for the damages they have caused.
Types of Elder Abuse
Elder abuse isn’t always as obvious as seeing bruises on your mother’s arms. Common kinds of elder abuse may include, but are not limited to:
- Physical abuse. Any use of physical force against an older adult is likely to result in physical injury or pain. Beating, slapping, and burning are some of the most serious forms of physical abuse. However, shaking and pushing can also be considered abusive, as can force-feeding and the excessive use of physical restraints.
- Emotional/psychological abuse. Emotional or psychological abuse can be more subtle than physical abuse. It involves any act that intentionally causes emotional pain or distress. These acts can include intimidation, humiliation, verbal assaults, insults, harassment, and threats. Isolating an older adult from family or friends is also a form of emotional abuse.
- Sexual abuse. Sexual abuse against an elderly person can be defined as any non-consensual sexual contact. If your loved one is an older person with a disability that makes them incapable of giving consent, any sexual contact is abuse. That can include unwanted touching, forced nudity, and sexually explicit photographs in addition to assault and battery.
- Neglect. Neglect refers to any caregiver’s failure to fulfill the legal duty they owe to a senior to provide the care they need. Caregivers, healthcare providers like those employed by Emanate Health, and senior living staff members can all be held liable for neglect. Neglect can be either active or passive, which means it doesn’t have to be intentional. If a caregiver fails to provide for an older adult, they can be held liable.
- Financial exploitation. Financial abuse covers not just outright theft but also fraud and scams. When it occurs in nursing homes, financial abuse is most likely to occur in the administrative department. However, theft or misuse of money or possessions by staff members can also constitute financial exploitation.
- Older adult abandonment. Abandonment refers to a caretaker completely deserting an elderly person, leaving them to fend for themselves. Examples include leaving a senior at a shopping mall by mistake or bringing them to a nursing home and dropping them off without their consent.
FAQs
What Is the Average Cost of an Elder Law Attorney?
There is no average cost of an elder law attorney because every case is so different. How much you spend on attorney fees can vary, depending on factors such as the complexity of your case and whether you need to take it to trial. If you hire a West Covina elder abuse attorney, negotiating a settlement outside of court generally costs less than when the case has to go to trial in court.
Who Can File a Claim for Elder Abuse in California?
Only certain parties can file a claim for elder abuse in California, although anyone who suspects it may be occurring can report the abuse to the Adult Protective Services. The only people who can file a claim in court are the victim themselves, their conservator, their trustee, or immediate family members.
What Qualifies as Elder Abuse in California?
Elder abuse in California involves causing direct harm to an adult aged 65 or older through neglect or physical, financial, or emotional abuse. California Penal Code 368 indicates that elder abuse must include willful harm by a caretaker. Caretakers can include not just family caregivers but also the staff and other workers at senior living facilities.
Is an Elder Law Attorney Worth It?
An elder law attorney is worth it. Hiring an attorney in West Covina gives you access to a legal professional who can help you with the entire claim process, from gathering evidence and filing the initial paperwork to making your case during settlement negotiations and representing you in court if it becomes necessary.
Your West Covina Elder Abuse Lawyer
California’s aging population includes some of the state’s most vulnerable residents. They deserve to be protected from neglect and abuse, which is where a West Covina elder abuse lawyer comes in.
The team here at Thon Beck Vanni Callahan & O’Connor has what it takes to support you throughout the legal process. We’ve handled countless elder abuse cases in our years in practice and recovered hundreds of millions in settlements for our clients. Contact us to schedule an initial consultation today.