Elder abuse is an incredibly serious offence that occurs all too often across the state of California. As individuals age and are no longer able to take care of themselves, they rely on the care of others to sustain a high quality of life. In these cases, caretakers and others close to elders may take advantage of them, abusing them while no one else is around under the perception that the older individual is unable to take legal action.
Fortunately, there are legal pathways that are available to loved ones of elders who are being abused. Going about an elder abuse lawsuit should never be done alone, as it is a complex incident that requires professional legal aid. A competitive California elder abuse attorney such as Joel Bryant is able to assist you with all your legal needs, no matter the complication involved in your case.
Representatives of Elders Able to Sue in California
The state of California spells out how people are able to take legal action following the pain or suffering of an elder caused by another person. It is important to note that in some cases, multiple people in the prosecution’s party may be involved. There is not always one singular plaintiff involved in the case as the effects of abuse can spread throughout a family system as they affect each individual independently.
- The elder suffering the abuse directly may bring a case forward to an attorney. Sometimes, the elder is unable to do so properly or without help and requires assistance from people close to them to file a suit.
- Spouses are also able to file lawsuits following the abuse of their partners. Even if spouses do not directly sue themselves, they can be critical players in a case of elder abuse as they may have witnessed the harm first hand due to their proximity to their partners.
- Family members of the elder who have power of attorney or have witnessed the abuse may also sue. This is one of the most common ways that people file lawsuits of elder abuse as the elderly themselves are oftentimes unable to do so. The possible restriction of mobility, inability to use modern technological devices, and hindrance of communication by the abuser make it hard for elders to file lawsuits themselves.
- Heirs of the elder, sometimes known as successors to the estate, are able to bring forth a case against someone bringing harm upon an elder in the case that the elder has died as a result of the abuse. This is most often someone’s children but may include other individuals who will inherit the estate of the elder such as grandchildren, nieces, and nephews.
Why is an Elder Abuse Attorney Necessary?
Elder abuse may include different types of harm including physical, emotional, sexual, financial, and general neglect. These can have long-lasting effects on the elder suffering the abuse and their family. Filing a lawsuit against these people can ensure that your family recovers the compensation that it deserves while decreasing the likelihood that the abuser inflicts harm upon another elder in the future.
Getting help is the first step. Joel Bryant, a skilled San Diego elder abuse attorney, has dedicated decades to helping vulnerable individuals get the peace of mind they deserve following a case of elder abuse. Contact him today and your free consultation will provide all of the information you need to find justice.