Elder Abuse Lawsuit and Challenges
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Elder abuse is any behavior that intentionally or negligently harms an older person. According to reports from the U.S. Department of Justice, almost one in ten of elderly individuals experience elder abuse each year. The National Center on Elder Abuse (NCEA) and the National Institutes of Health (NIH) both report that elderly women are more likely than their male counterparts to experience abuse. Let’s learn about elder abuse lawsuits.
Physical abuse can take many different forms, such as kicking, slapping, pinching, shaking, shoving, and punching. Due to their extreme physical weakness, old persons might be injured by even a tiny amount of physical force, leading to a fracture or bruising. Food and medication forced onto someone is also seen as physical abuse.
Abuse of the person’s mind is referred to as psychological harassment or emotional abuse. The law defines emotional abuse as verbal assaults, intimidation, humiliation, threats, insults, etc. Financial exploitation of an elderly person is referred to as financial abuse. Elder financial abuse frequently takes the form of cashing checks without the victim’s consent, robbing them of their belongings, forging their signature, and abusing their power of attorney.
State and federal laws both protect allegations of elder abuse. The civil or criminal code of law addresses abuse events. It depends on the country in which the abuse took place and the circumstances surrounding the case. In contrast to certain offenses involving older adults, which carry harsher punishments, civil liability for elder abuse is handled at the state level. A claim for elder abuse could be made by the victim or his loved ones. An elderly victim’s legal representative may also bring a lawsuit on their behalf.
Elder abuse is classified under misdemeanor, felony, or criminal negligence under California law. Legally speaking, every citizen 65 years of age or older is referred to as an elder. Victims of elder abuse should be aware that they have a finite amount of time to file a claim. The statute of limitations, which varies in each US state, refers to the window of time during which a claim may be raised. For example, the statute of limitations for elder abuse in California is two years from the date of the abuse or harm. A victim cannot file a claim or get paid for his damages after the time period has passed.
The victim may be awarded money to cover their suffering, medical costs, care needs in the future, and out-of-pocket expenses. The victim’s level of injury, however, may have an impact on the compensation amount. The majority of cases of elder abuse are resolved without going to trial.
