Elder abuse is a universal expression to describe any type of harm or wrongdoing committed against an elder individual, generally over the age of sixty-five. Elder abuse can include any type of harm including
With a growing population increasingly entering this demographic, the California legislature years ago approved the Elder Adult and Dependent Adult Civil Protection Act (EADACPA) also referred to as the “Elder Abuse Act” which broadened the reach of elder abuse to include dependent adults. Dependent adults are defined as a California resident between the ages of 18-64 with physical or mental limitations and unable to care for themselves. In any lawsuit, the person who is filing a lawsuit against another party is called the plaintiff. In order to become a plaintiff in any lawsuit, a person must have what is known as standing. Standing is discussed in California Civil Code of Procedure Section 367, which states
Every action must be prosecuted in the name of the real party in interest, except as otherwise provided by statute (CCCP, §367)
In other words, if the elder or dependent adult did not die as a result of the elder abuse, then the victim of the elder abuse is the only real party in interest in any potential elder abuse lawsuit, and only he or she has standing to file a lawsuit. However, even thought the Elder Abuse Act does not specifically address standing in situations where the elder abuse victim is still living, the statute provides a expansive definition of elder abuse standing, leaving the door open for loved ones and family members to file a lawsuit for elder abuse cases. This is primarily because older individuals who are dependent on their perpetrators are often reluctant to initiate suit against a party that is caring for them, even when that care is abusive. Our attorneys understand the fragile nature of elder abuse litigation and how to defeat standing objections. Please call Downtown L.A. Law Group to discuss your elder abuse claim for at no charge directly with an attorney.
After the elder dies, the right to sue for elder abuse transfers to a named personal representative of the deceased elder. If there is no personal representative, the right to sue is assigned (in order) to:
A successor in interest can include the elder’s children, grandchildren, close relatives, family members or other guardians. These individuals can sue on behalf of the deceased elder victim. Furthermore, if the personal representative fails to bring an action against the perpetrator, then the parties named above may also file a lawsuit. Interestingly, the EADACPA provides for additional compensation in wrongful death lawsuits after the elder victim has passed away. Normally, wrongful death lawsuits only allow compensation for economic damages, and not non-economic damages. Non-economic damages include pain and suffering, emotional distress and other special damages. The Elder Abuse Act, under California Welfare and Institutions Code §15657(b), allows for compensation in wrongful death action in elder abuse cases of up to, but not exceeding $250,000.00 Many attorneys are not aware of these provisions, and therefore fail to procure the maximum settlement for their clients.
Our attorneys are here for you. As a display of our commitment to you, we offer free legal consultation to all of our clients. This means that you will have the opportunity to sit down with one of our attorneys and explain your case to them. They will listen to you and answer any questions you may have about your case. We offer this because we want you to have all the information possible so that you can make an informed decision. Additionally, we offer the zero-fee guarantee. This means that we will only charge you for our legal services if we can prove your case and get you the compensation you deserve. If we are unable to do our jobs, we will not charge you.
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