Elder abuse is a growing concern that affects some of the most vulnerable members of our society. Victims can suffer physical harm, emotional trauma, or financial exploitation at the hands of caregivers, nursing homes, or even family members. The effects can be brutal, resulting in long-term suffering and loss of quality of life.

Victims and their families can obtain compensation for the abuse by filing an elder abuse claim. Knowing what kind of compensation is ideal for your case can help you take legal steps to protect your loved one’s rights and well-being. Your personal injury attorney will guide you through the process and fight for the compensation you deserve. Elder abuse compensations are divided into economic, non-economic, and punitive damages.

Economic Damages

Medical Expenses

Medical costs are one of the most crucial economic damages in elder abuse cases. Neglected or mistreated elderly persons face overwhelming medical expenses that result from their mistreatment. Elderly victims must seek emergency care for injuries, including fractures, bedsores, and infections. Severe abuse cases may require victims to spend long periods in hospitals or undergo surgical procedures to treat their abuse-related medical conditions.

Most elderly individuals require short-term and long-term healthcare after their initial medical treatment. They could also receive medication prescriptions for pain management and antibiotics, which they may have to take for a long time, depending on their state.

The recovery process also includes physical therapy, and rehabilitation programs and requires some victims to use walkers, wheelchairs, or hearing aids. The emotional consequences resulting from abuse warrant a visit to a psychologist. Victims also develop PTSD, depression, and anxiety, which require expert psychiatric assistance and counseling services.

Under California law, elder abuse victims can obtain financial compensation to pay for medical expenses accrued as a result of their mistreatment. (Welf. & Inst. Code 15600. et seq.) under the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) provides that elder abuse victims have the right to claim financial compensation for medical expenses that result from their abuse.

According to California Civil Code 3333, victims who experience wrongful acts have a legal right to pursue economic damages through this provision. According to California Health & Safety Code 1430(b), nursing homes and caregivers are responsible for resident injuries when their negligent actions contribute to injuries.

Seeking medical expense compensation ensures victims receive necessary care while relieving them of financial burdens. A legal claim against elder abuse will aid in recovering medical expenses that cover immediate needs and extended treatment. An experienced elder abuse attorney could help your family by gathering medical documents and expert consultations to build a strong legal case that could secure the compensation your family deserves.

Financial Losses

The victims of elder abuse may also suffer significant financial loss, primarily through fraud, theft, and exploitation by their abusers.  Many elderly people survive using their accumulated savings, pensions, and social security benefits. When a caregiver, nursing home staff member, or family member takes advantage of an elderly person’s vulnerability by abusing them financially, it could lead to financial harm.

Financial abuse manifests through various types of exploitative actions. They include forcing victims to transfer ownership of their assets, modify their wills, and give away money through deceptive methods. Financial abuse victims experience multiple forms of exploitation, including unauthorized credit card charges, fraudulent bank withdrawals, and theft of their personal belongings.

(Welf. & Inst. Code 15610.30. et seq.) under the Elder Abuse and Dependent Adult Civil Protection Act protects elderly victims from financial abuse. It states that elderly individuals face financial abuse when their property is wrongfully taken, hidden, or held back by someone who seeks personal benefit. Elder abuse victims and their families may recover stolen assets through restitution. They can also receive additional compensation when abuse is deliberate or causes extreme harm.

Recovering financial losses in elder abuse cases demands a detailed investigation. Bank statements, property records, and testimony from forensic accountants can provide crucial proof of criminal actions. A skilled elder abuse attorney assists clients by investigating financial records to reveal fraudulent activity while seeking complete reimbursement.

Cost of Future Care

Health complications as a result of elder abuse may require the victim to undergo continuous medical and personal care. Many victims of elder abuse also need specialized long-term care if their injuries result in severe physical harm, cognitive damage, and emotional trauma. Future care expenses are financially overwhelming for families; compensation is vital to protect the victim’s well-being.

Some future care costs include long-term medical expenses, home healthcare support, assisted living facility payments, and ongoing therapy. For example, elderly victims who have experienced severe neglect might need continuous nursing care, specialized equipment, and extensive modifications to their living environment due to acquired disabilities. The financial burden of these expenses can drain the victim's savings and create extra financial pressure for their family members who are already taking care of them.

According to California law, elder abuse victims have the right to claim future medical expenses and care costs through compensation. According to California Civil Code 3283, plaintiffs can obtain compensation for future expenses that medical experts confirm will accrue with certainty.

Medical professionals, life-care planners, and financial experts provide expert testimony to courts about the estimated long-term costs of the victims’ injuries. The projections allow victims to obtain sufficient financial resources that help them to live with dignity and comfort.

Elder abuse victims need future care compensation, specifically when they have sustained permanent injuries. Victims who lack proper financial support must settle for low-quality housing and may not access quality medical care.

Legal Costs and Attorney Fees

When seeking justice for elder abuse victims, you need an experienced attorney to handle the case. Many victims and their families may be concerned about the high costs of attorney fees and court expenses.

(Welf. & Inst. Code 15657(a). et seq.) under the Elder Abuse and Dependent Adult Civil Protection Act, victims can access various avenues to recover attorney fees and legal expenses, ensuring finances do not prevent them from seeking justice.

The court requires negligent caregivers and nursing homes to pay for the legal expenses of victims who file elder abuse lawsuits. Victims seeking legal compensation can recover their attorney fees by providing precise and convincing evidence of abuse, according to Code 15657(a). The law also enables victims to take legal action freely as it removes financial uncertainty.

Elder abuse attorney’s fees include legal consultations, case preparation, court filings, expert witness testimony, and trial representation services. Elder abuse attorneys operate under a contingency fee structure where you only pay them when you obtain compensation. However, you must pay the witnesses and the evidence.

The litigation costs include court fees and investigative expenses required to build a solid case. It takes time and resources to prove elder abuse. Your personal injury attorney must gather evidence such as medical records, expert witness testimony, and witness interviews, which could be costly. Legal claims cover these expenses. Therefore, victims and their families can obtain reimbursement for all costs of pursuing justice.

Relocation Costs

The protection of elderly people who have been abused or neglected in nursing homes, assisted living centers, or private care settings takes precedence over all other concerns.

Relocation of elderly patients into different facilities or in-home care is necessary for families who want to protect their loved ones from further harm. The expenses connected to moving an elderly individual after an abuse incident create extra financial burdens on an already challenging situation.

Expenses for relocating an elder include moving costs, new housing deposits, and transportation fees. The costs of the victim’s new living arrangement after abuse could be much greater than what they originally paid if they require specialized medical supervision. Also, moving against their will causes emotional distress to the elderly citizen who requires therapy or counseling to adapt to their new surroundings.

(Welf. & Inst. Code 15657.5. et seq.) under EADACPA, victims may claim compensation for required relocation expenses.

Elder abuse victims in California have the legal right to file claims for moving expenses when they need to protect their safety. Any nursing home or caregiver who abuses an elder or neglects them till they have to relocate must pay financial compensation to address the relocation fees and emotional distress of the elder.

To demonstrate the necessity of relocation, victims need medical documentation, expert analysis, and proof showing their condition worsened because of abusive treatment.

Non-Economic Damages

Pain and Suffering

Physical injuries represent only one aspect of elder abuse. Physical mistreatment of victims can lead to emotional and psychological trauma that proves equally harmful or worse than physical harm. The compensation for pain and suffering accounts for physical pain, emotional distress, and the reduced quality of life that elder abuse victims may experience.

Victims of elder abuse may experience periods of prolonged pain when their abusers fail to treat their injuries, pressure sores, or fractures. The physical agony from that results in emotional distress for the victims.

Neglect and mistreatment of elderly people also result in victims developing anxiety, depression, and post-traumatic stress disorder (PTSD). Abuse victims also develop psychological trauma that could lead them to isolate themselves from others, lose trust in caregivers, and feel constant despair.

California law acknowledges how significantly elder abuse affects the health and state of mind of victims. Per California Civil Code 3333.2, victims of elder abuse can obtain compensation for their full extent of suffering by seeking financial compensation.

Pain and suffering damages are subjective because they lack any predetermined monetary value. Compensation amounts depend on the extent of abuse suffered, how long victims endured mistreatment, and how it disrupted their normal daily activities. Medical experts, mental health professionals, and family members can provide essential evidence that demonstrates how severely a victim suffered.

Legal action to protect your family members when they suffer extreme pain and emotional distress because of elder abuse is critical. Pursuing pain and suffering compensation helps provide monetary relief and ensures responsible caregivers and facilities face the consequences of their actions.

Loss of Enjoyment of Life

Victims of elder abuse could lose their capacity to participate in activities that previously brought them happiness. Physical injuries, emotional trauma, and loss of independence prevent many elderly people from taking part in social events and personal activities they previously enjoyed. The emotional and psychological impact of elder abuse leads to damage that weakens their quality of life.

Victims are compensated through non-economic damages, which allows victims to recover financial relief for their decreased ability to experience life’s joys. California law acknowledges that senior abuse causes physical, emotional, and social deterioration.

The inability to walk freely, interact with loved ones, and participate in meaningful activities is more or equally harmful to the elderly person, as are the financial and medical costs of elder abuse.

Judges base their compensation decisions on multiple factors, which include the extent of victim injuries, the lifestyle the person lived before abuse, and the permanent effects of mistreatment.

As an example, the elderly person who used to walk daily before nursing home neglect confined them to a wheelchair and experienced a significant deterioration of their lifestyle quality. Victims who participated in community events before emotional abuse started now experience severe anxiety. These damages aim to recognize and fairly compensate victims for the personal and emotional injuries they have endured.

Medical professionals, therapists, and family members should provide testimonies to establish the loss of enjoyment of life by showing how the victim’s capabilities and emotional condition have declined. Your personal injury lawyer will gather evidence to show the entire extent of abuse while seeking the highest possible compensation amount.

Wrongful Death

Tragically, some cases of elder abuse result in the untimely death of the victim. Family members of deceased victims have the opportunity to file wrongful death claims after their loved one dies. Though a loved one cannot be brought back to life by compensation, those responsible can be held accountable, which ensures both justice and financial help to the bereaved family.

Severe neglect, physical abuse, and medical malpractice are the main reasons why a wrongful death could occur in elder abuse situations. Nursing homes and caregivers are responsible for these fatalities when they fail to deliver adequate medical treatment, neglect hygiene needs, and incorrectly administer medications. The combination of bedsores, dehydration, malnutrition, infections, and falls could result in wrongful death when proper elder care is not provided.

According to California Code of Civil Procedure  377.60, spouses, children, and dependents have the right to file wrongful death claims against parties responsible for the death of their elderly family member due to neglect or abuse.

The compensation awarded in these cases consists of funeral and burial costs, medical expenses before death, compensation for companionship loss, and financial support that the deceased would have provided.

Punitive damages are also available according to (Welf. & Inst. Code  15657. et seq.) under the Elder Abuse and Dependent Adult Civil Protection Act when the wrongful death was due to severe misconduct. This is awarded to penalize the abuser so that they may never abuse another elderly person ever again.

The loss of someone dear due to elder abuse is devastating, and because you are grieving, you may not be able to seek compensation. Hiring a personal injury attorney guarantees your family receives maximum compensation while justice is served.

Punitive Damages

Punitive damages are also awarded. Punitive damages are severe penalties against serious misconduct to stop future incidents of abuse. They function differently from compensatory damages by holding wrongdoers accountable for their purposeful or reckless actions. Courts award substantial punitive damages through their justice system when elderly abuse reaches levels of extreme negligence, fraud, or malicious intent.

In California, punitive damages in elder abuse cases are governed by California Civil Code 3294. You could be awarded punitive damages if you prove beyond reasonable doubt that the defendant intentionally oppressed or frauded you or acted with malice.

The damages in this type of compensation go beyond negligent actions; there has to be evidence of deliberate misconduct and active disregard for the elder’s rights and welfare. For example, a nursing home that fails to respond to mistreatment complaints and purposely withholds medical care can face punitive damages as a punishment to discourage such conduct from recurring.

When financial exploitation occurs in cases of elder abuse, the victim can seek punitive damages. For example, the courts will impose additional financial penalties on caregivers or facilities when they use fraudulent schemes to steal elder assets.

(Welf. & Inst. Code 15657. et seq.) under the Elder Abuse and Dependent Adult Civil Protection Act provides for increased compensation when evidence of mistreatment is established through clear and convincing proof.

Find a Personal Injury Lawyer Near Me

Elder abuse can cause permanent damages, from financial loss to physical and emotional pain. Victims and their families deserve justice and fair compensation for the abuse. Filing an elder abuse claim can help pay for medical bills, relocation costs, and other damages while holding the abusers accountable.

If your loved one has been a victim of elder abuse, retain an expert personal injury lawyer for legal help. At The Personal Injury Attorney Law Firm, we have personal injury lawyers ready to help you fight for the compensation you deserve. Call us today at 800-492-6718 so that we can start reviewing your case.