Elder abuse is a growing concern in California, affecting the elderly victims and their families. Physical, emotional, and financial mistreatment are the major types of elder abuse claims. As a victim’s relative, recognizing and addressing elder abuse claims protects your loved one.

Bringing elder abuse claims through a personal injury attorney helps with seeking justice and securing compensation for the physical and emotional harm suffered. Knowing how to identify abuse, the different types, and the steps to take when filing an abuse claim can make all the difference. Take swift action to protect your loved one’s rights and hold the abuser accountable.

Understanding Elder Abuse

Elder abuse, according to California Penal Code 368, is the physical, mental, or financial harm that is inflicted on an elder by a caretaker or a person who has a close relationship with the elder. It can also involve abuse, abandonment, or exploitation.

PC 368 protects the interests of people 65 years and older because of the many vices in society, including abuse. The law provides severe consequences for the offenders of elder abuse, whether the abuse was direct or through neglect of the elders’ basic needs for care and protection.

Misdemeanor Elder Abuse

Certain elements must be present to prove a misdemeanor elder abuse. These include evidence that the defendant willfully caused or allowed the older adult to suffer or placed them in a situation where their well-being was endangered. The abuse must involve either mental suffering, physical injury, or the neglect of basic needs such as food, shelter, and medical care.

Felony Elder Abuse

Under California PC 368, a felony elder abuse occurs when the abuse was done willfully or maliciously, and the victim sustains a substantial physical or emotional injury. Felony charges can also be preferred where the elder was financially exploited in a manner that would result in loss or damage calculated to be more than five thousand dollars.

To secure a conviction for felony elder abuse, the DA has to prove beyond reasonable doubt that the defendant, with intent, acted in a manner that resulted in the elderly person being subjected to unjustified physical suffering or emotional distress. This can comprise physical abuse, financial abuse, or neglect that has reached a critical level where the patient’s life is in danger.

Different Types of Elder Abuse

Physical Abuse

Physical abuse and environmental abuse occur when a custodian denies an elder the essentials they require to live and enjoy a healthy life. This ranges from failure to provide the elderly with proper nutrition, water, shelter, and medical attention, thus leaving the elderly in a state of severe deprivation.

Financial Abuse

Elder financial abuse is a form of elder abuse that involves the use of the elder’s financial assets by another person. Some of the signs of elder financial abuse may be:

  • Sudden withdrawals from the elder’s account
  • Change in the wills or power of attorney
  • The elderly person has new friends who are always with them and encourage them to do something

The abuser may persuade the elder to share or even give money or any other property they have, making the elderly person poor. Even in situations where the elderly person is not physically abused financially, the abuse may go unnoticed until much harm has been done, thus requiring close observation of any out-of-the-ordinary transactions.

This is whereby a person in a position of authority or power over the elder abuses this authority by forcing the elder into making decisions that are not in the elder’s best interest. This usually entails making the elder change their will, deed, or other financial documents in favor of the abuser.

It can be covert, and the abuser would gradually take over the elder’s life, make decisions on their behalf, and cut off all communication with other family members or friends. In the long run, the elder may lose all decision-making power and be completely in the abuser’s grasp without knowing it.

Sexual Abuse

Sexual abuse refers to the use of an elder for sexual purposes without their consent. This can be as minor as touching the elder inappropriately to directly raping them. The perpetrator is often a caregiver or someone in authority over the elder. The victim may be too frail to fight back or report the abuse, hence making them vulnerable.

This makes elders suffer physically and emotionally since sexual abuse leaves them traumatized and fearful. Because of the shame and stigma associated with sexual abuse, it is often unreported, meaning that the family must watch out for signs of discomfort in the survivor.

Neglect

This is when a caregiver leaves an elderly person who depends on them for care and support. The elderly person could be left in a precarious or even fatal position without any means to obtain food and water or attend to any health complications.

Neglect, especially abandonment, occurs when the caregiver feels overwhelmed or when they are financially pressed and just leave the elder without proper care arrangements. The emotional and physical costs of abandonment are devastating for the elderly person; they become lonely, lose all hope, and their health deteriorates rapidly.

How to Recognize Abuse

It is not always easy to identify elder abuse, as all forms of abuse are not always overt, especially when the victim is too scared or cannot report the abuse. It is, therefore, important that people can identify the signs early enough so that the lives of their loved ones can be protected.

Physical Indicators

Physical abuse will usually result in physical indications of injury. There may be instances where one develops bruises, fractures, or burns that cannot be explained, but the circumstances surrounding these injuries are crucial. The abuser can try to convince the victim that they were mere accidents.

However, it is time to worry when the same or similar injuries are found repeatedly, particularly in areas like the face, wrists, or torso. In addition to the physical signs, you should look out for behavioral changes in the elderly, including flinching, anxiety, or reluctance to be around the caregiver.

Another sign is poor hygiene or untidy dressing. This may be an indication that the elder is being physically abused or neglected. If one appears thin, dry, or develops bedsores, it might be a sign that he or she is neglected. Such simple signs as the elder being excessively drugged or appearing drugged when there is no reason for that can also be a sign that the caregiver is using drugs to manage the elder.

Sexual Elder Abuse Indicators

Sexual elder abuse is not as frequently reported as other types of abuse. Nevertheless, it is equally terrible as the rest and even more so as the victim is usually too frail to speak out. You should know if there are some symptoms of genital area trauma, such as bleeding, bruising, or infections that occur inexplicably.

Others include damaged underwear, stained underwear, having problems walking or sitting, or contracting STIs. Sometimes, it may also be observed that sexual abuse is also in some way reflected in the emotional status of the elder. For example, anxiety, being afraid or avoiding specific people, or being withdrawn may be due to sexual abuse.

Sexual abuse can happen in professional care settings such as nursing homes and in personal care homes as well. Therefore, you want to be keen and aggressive in supervising the contact between the elderly and the caregivers. This means that even if the elder does not speak, body language and a change of behavior are enough to tell that abuse is taking place.

Behavioral Indicators

Some of the signs may be changes in behavior, and these may be as a result of emotional or psychological abuse, which may not have physical marks but hurt an elder’s mental health.

If an elder who used to be friendly and talkative in the past is now isolated, sad, or even scared, this may indicate that they are being emotionally abused. The abuser may deny the elder access to friends or family members and make them feel like they are useless or should be embarrassed. Threatening words, consistent demeaning, or coercion leads to fluctuations in mood or behavioral patterns.

You should also listen if the elder becomes anxious, confused, or agitated with some caregivers or in some situations. Emotional abuse leads to an elder's diminished interest in activities that they used to enjoy, increased irritability, or sleep disturbances.

At times, the elder may begin to speak and act like the abuser due to the psychological abuse that has been inflicted upon them.

Elder Neglect Indicators

Abandonment is a prevalent type of abuse of the elderly and is usually not reported until the worst has been inflicted on the patient. Some of the abuse indicators may include a lack of adequate and balanced diet and lack of proper health care, among others. The elderly person could look weak, hungry, thirsty, or dirty.

Bedsores, infections, and untreated medical conditions are also key indicators that the elderly person is not receiving the care they need. When an elder is left without supervision, especially if they have mobility issues or cognitive impairments, it further demonstrates neglect and places them at significant risk.

You may also observe an unsafe or unsanitary living environment, including soiled bedding, cluttered spaces, or a lack of cleanliness. If the elder’s hygiene is consistently neglected—such as not having clean clothes or proper bathing—it is a red flag that the caregiver is failing in their responsibilities.

How to Prove Elder Abuse Claim

Proving elder abuse can be challenging due to the subtlety with which abuse often occurs and the potential vulnerability of the victims. However, building a solid case is possible by collecting evidence and following the right procedures.

Below are steps you take to ensure the success of an elder abuse claim:

Keep Detailed Records of Injuries

If you suspect physical abuse, document every bruise, cut, or other visible injury with both photographs and written notes. Ensure that each record is time-stamped and accurately describes the injury, including its location, size, and any explanations caregivers give. The clearer and more consistent your documentation is, the harder it will be for the abuser to deny the mistreatment.

Keep records depicting the severity of the injuries inflicted on the body. If the elder needs hospital visits, treatments, or medications because of the injuries, these records will prove mistreatment. You should maintain a detailed record of the healthcare visits, such as doctors’ reports, prescriptions, and treatment plans.

These medical documents can support your allegations and show that the injuries were not due to natural causes or an accident but were caused by abuse or negligence.

Take Witness Statements

Testimonies of the witnesses would be effective in making a case of elder abuse, particularly where the abuse is concealed. You should interview anyone who may have witnessed the elderly and their interactions with their caregivers, including friends, neighbors, and other caregivers in a nursing home. They may provide further information that could support the victim’s account or even provide information that is in opposition to the abuser.

While taking the statements of witnesses, ensure that the witnesses give as much detail as possible. These details might encompass any incidents the caregiver captured being strange in their conduct, physical signs they observed on the elder, or times that the elder appeared scared or aloof.

It is much stronger when many witnesses discuss similar incidents. Writing these statements is also crucial since they can always be used as evidence in a court or negotiations for settlement.

Set up Systems of Surveillance

When abuse is hard to prove, one can always create monitoring systems that can be useful. Security cameras placed in the elderly person’s home will be useful in recording the abuse that happens when you are not around.

In some cases, it may be useful to monitor the situation and collect tangible evidence of negligence, physical abuse, or any other kind of abuse that the abuser cannot easily deny.

When using the surveillance methods, you should ensure that they do not violate California laws on privacy and consent. Although you, as a next of kin, have the right to protect your loved one, some measures must be followed, especially in health facilities.

However, when the victim has moved to a private home, the installation of cameras may help to give the victim confidence and act as a deterrent to further abuse. Such recordings may be valuable as evidence as they provide a first-hand view of the elderly person’s environment and the treatment they receive from the caregivers.

Why You Should Hire an Elder Abuse Attorney Immediately

In case your loved one is a victim of elder abuse, seek the services of a competent elder abuse attorney as soon as possible. A lawyer could help with the following.

Help You Collect Evidence

The involvement of an elder abuse attorney as early as possible is also helpful in collecting evidence from the attorney. The evidence to support elder abuse sometimes may only be in the form of physical injuries, medical records, financial records, and witnesses.

An attorney will always be aware of the type of evidence required to construct a strong case, where to get it from, and how to obtain it in the shortest time possible.

In many cases, elder abuse takes place in secret, and this is why it is hard to prove without proper documentation. When the attorney is involved from the onset, they will advise on the necessary measures that need to be taken to ensure that certain critical evidence is collected before it is erased.

Help You Figure Out What To Do Next

When you realize that your loved one may be abused, it becomes quite daunting to know what to do next. Should you call the police? What should you do legally? Your attorney will be the one to explain to you the legal procedures that you will be going through and what to do at every step. They will help you understand your rights and the legal actions that you can take to prevent further abuse of your loved one. Your attorney can also assist you in filing any complaint that may be required with the relevant authorities.

Help You Understand What Compensation Your Loved One Deserves Following Abuse

It is not very easy to decide on the right remuneration for elder abuse since one has to factor in psychological and emotional abuse as well. Your attorney will be able to explain to you the kind of compensation that your loved one may be able to claim, such as the medical expenses, costs of rehabilitation, pain and suffering, emotional distress, and even punitive damages in cases of heinous abuse.

Besides, you may be able to recover the money your loved one lost due to financial abuse if they were victims of financial exploitation.

Find an Elder Abuse Claim Attorney Near Me

Elder abuse is a betrayal of trust that leaves a lasting impact on both the victim and their family. Abuse takes the form of physical harm, emotional manipulation, financial exploitation, or neglect. In California, victims of elder abuse and their families can file claims and hold the perpetrators accountable.

When you suspect elder abuse, consult an experienced personal injury attorney to guide you through the legal process. Whether the abuse occurred in a nursing home, through a caregiver, or within the family, your attorney will protect your loved one's rights and secure the compensation they deserve.

At The Personal Injury Attorney Law Firm, we are committed to helping victims and their families in California navigate the legal system and fight for justice. We will provide the legal guidance and support you need to bring an elder abuse claim. Contact us today at 800-492-6718 for a free consultation.