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An “elder” in California is anyone over the age of 65. Elder abuse can take many forms. It is the physical or financial abuse, neglect, abandonment, abduction, isolation, or other treatment that would result in the physical or mental suffering of an elder. Generally speaking, elder abuse is committed by family members or other designated caregivers who are responsible for providing care to an elderly person. It is very difficult for someone who is not in some sort of a caregiving role to commit elder abuse as a matter of law.
Elder abuse can be committed intentionally or negligently. Theoretically, it could also be committed recklessly, such as if a caregiver or other person who is responsible for an elder’s finances engages in reckless conduct that ultimately causes financial harm. Although The May Firm devotes most of our time to negligence-based cases, we take elder abuse VERY seriously. Elder abuse is one of the exceptions to our policy to handle mostly negligence cases. If you are 65 or older, you have more than earned your right to live in peace and harmony. If someone takes advantage of you or causes you harm in any way, The May Firm wants to hold them accountable.
California recognizes elder abuse as both a crime and a civil cause of action. In other words, someone who abuses an elder can be criminally prosecuted and sued – it’s like a double whammy! Penal Code section 368 makes elder abuse a misdemeanor. However, if the elder victim suffers from “great bodily injury,” then the person who caused them harm could face three to five years in state prison depending on whether the victim is older or younger than age 70.
In civil court, you can recover financial compensation if you were abused or manipulated by someone who was supposed to be taking care of you. The May Firm makes it a point to seek punitive damages for anyone that we believe has committed elder abuse. Punitive damages are our way of punishing the wrongdoer for hurting you, in addition to compensating you for the harm that you have suffered at their hands.
There are a lot of things that would amount to elder abuse. As we’ve already noted, not just anyone can commit elderly abuse. Causing physical harm to an elderly person, as unforgivable as it is, doesn’t automatically amount to elder abuse. You generally have to have some sort of custodial or caregiver relationship in order to be liable for elder abuse.
Elder abuse can, quite obviously, encompass any physical abuse of an elderly person. If you are a caregiver who strikes your elderly patient, you have commited elder abuse. A caregiver would also be liable for elder abuse if they don’t turn an immobile elderly patient enough (usually resulting in bed sores) or not keeping them well-fed. Elder abuse can also occur if someone who has access to and responsibility for an elder’s finances makes an astoundingly bad (or reckless) decision that results in a financial loss or acts in some way that ultimately harms their finances.
Florida is usually the go-to place for retirees. However, not everyone is a big fan of the humidity that Florida has to offer. Over recent decades, Long Beach seems to have become a hotbed for men and women entering retirement to spend their later years. Who can blame them? The weather here is beautiful and the humidity is nothing like it is further down south. In short… Long Beach is the place to be for those who have all of the time in the world to enjoy it!
That said, as we get older, we often require the help and assistance of those who are younger than us to perform some of our day-to-day tasks. Typically, elders end up in some sort of retirement home or will hire caregivers who will come to their home each day to take care of them. With so many retirees in Long Beach, it isn’t surprising that The May Firm has met a number of unfortunate clients who were abused by their caregivers. We are, quite frankly, disgusted by this. Because Long Beach is a destination for retirement, we are seeing ever increasing numbers of caregivers behaving improperly and causing harm to our elderly clients.
The personal injury attorneys at The May Firm have a profound respect for our elders. You have lived a long life and have faced many hardships. You have earned the right to be treated with respect. Therefore, we don’t take kindly to people who cause any kind of harm to the elderly. Although no one should injure another person, The May Firm is especially protective of our elders.
The May Firm’s personal injury lawyers are well-versed in elder abuse law and know how to take on the wrong-doers in court. It is also very important to us to offer support to victims and their families. If you or someone you love have suffered from elder abuse, give us a call today.
Contact us to get started. It is important to have the proper legal representation on your side if you’re involved in a motorcycle crash. Often wrongful blame is placed on the rider in a multi-vehicle collision due to the increased risk that comes with riding a motorcycle. Insurance companies are reluctant to side with the motorcyclist and oftentimes will attempt to place the full or partial blame on them. Don’t accept that blame and the legal repercussions that come with it.
Call (866) 619-6679 to schedule a free consultation with our award-winning motorcycle accident lawyers. We’ll help determine the viability of your case based on your testimony and help you determine the best way to proceed. Working on a contingency fee means our lawyers are only compensated when your case or settlement is won, and our extensive experience and case history allow us to settle most claims out of court, giving you a faster resolution to your case and allowing you to focus on your recovery process. We factor in every possible expense when building your settlement: Medical bills, wage loss, property damage, and emotional suffering are all considered. Our goal is to help you put your life back in order to the best of our ability.