As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be enough business.
- Abraham Lincoln
How Martin Rose Made a Full Recovery – and Earned a $110,000.00 Settlement – with Help from Silva Injury Law
How Helen G. Earned a $600K Trip & Fall Settlement with Help from Silva Injury Law
It’s impossible to imagine that someone could abuse a senior citizen. Despite the vulnerability and defenselessness of elders, elder abuse continues to happen. According to the World Health Organization, around one in six people aged 60 years and older experience some form of abuse in community settings. If you believe that a loved one may be suffering from elder abuse, contact our Merced nursing home abuse attorneys immediately. Elder abuse isa complex area of the law. Experienced attorneys in your area understand the nuances of elder abuse law, including the difference between nursing home abuse and nursing home neglect.
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California law protects elders, dependent adults, and developmentally disabled persons from abuse and neglect. The California Welfare and Institutions Code Section 15600 provides that elders—anyone 65 years of age or older—and dependent adults are legally protected from various types of neglect and physical abuse. Elder abuse may be seen in the following examples:
Elder abuse is typically perpetrated by a caretaker. Caretakers include family members, unlicensed or licensed staff in a nursing home, and even healthcare practitioners.
Be sure to document all instances of suspected elder abuse with notes and, if possible, photographs. In some situations, you may be required to report the alleged abuse to a specific agency or department. Contact an attorney to learn what to do in these situations, including how to preserve and record evidence that supports your or your loved one’s claim.
Nursing homes are meant to be a place of safety and care for the elderly. When someone places a loved one in a nursing home, they entrust the staff to care for their physical needs as well as necessary medical care. A nursing home also provides a social environment and stimulation for its residents. However, elder abuse often occurs in these settings. You may miss some of the signs if you aren’t there every day. There are three main categories of nursing home abuse:
Consult with experienced Merced nursing home abuse lawyers to identify whether your loved one may be the victim of nursing home abuse.
Signs of nursing home neglect differ from abuse in that they may be even more difficult to detect. The Elder Abuse Act defines neglect as the failure to do one or all of the following:
If you suspect someone you love may be suffering from nursing home neglect, speak with an elder abuse attorney. They may be able to pick up the more subtle signs of nursing home neglect that others may easily miss.
California law permits an abused or neglected elder, dependent adult, or personal representative to sue the liable party for their injuries. Multiple plaintiffs may be included in elder abuse cases. Plaintiffs in an elder abuse lawsuit may include the following parties:
In the unfortunate event that the abuse or neglect results in the elder’s death, the right to sue the responsible party for the victim’s damages transfers to the estate’s personal representative. Elder abuse and neglect laws are complex and require the assistance of an experienced attorney.
Unfortunately, in addition to falling prey to physical and emotional abuse and neglect, the elderly may also be targeted by those hoping to take advantage of them financially. It can be difficult to recognize financial abuse when it’s happening unless you are able to regularly monitor the financial information of your loved one. California’s Welfare and Institutions Code defines financial abuse as any of the following:
In California, depriving an elderly person of a property right through a donative transfer, testamentary bequest, or agreement can qualify as financial abuse. If you suspect your loved one is the victim of financial abuse, speak to an attorney immediately.
We believe that our duty goes beyond achieving large monetary awards for our clients. We strive first to be decent human beings who seek not to stir up fights, but to solve problems.
As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be enough business.
- Abraham Lincoln
At Silva Injury Law, we treat you like family. When it comes to such emotional and painful situations of elder abuse or neglect, you deserve a legal team that stands with you every step of the way. At Silva Injury Law, we fight for the protection and well-being of your loved ones. We focus our practice on promoting healing through compassionate advocacy. If you have questions about a potential elder abuse or neglect lawsuit, we are here to help. We invite you to call, text, or email us at any time. Our top priority is answering your questions and guiding you to the best possible course of action. Contact us today for a consultation and learn how our attorneys can help you.
Our experienced legal team also handles other types of injury cases, including: