San Rafael Elder Abuse Lawyer
Elder abuse is the one of the most egregious acts of violence anyone could commit. Unfortunately, elders are subjected to it all too often in San Rafael and throughout California. Family members of an elderly individual often do not know what steps to take after learning or suspecting that their loved one has been harmed. However, immediate action is necessary. While caregivers and others can be held liable any time an elder is harmed as a result of neglect and abuse, no one should file a claim on their own. If your loved one has been hurt, a San Rafael elder abuse lawyer will know which party to hold accountable for paying the maximum damages you and your family deserve.Who Can File a Lawsuit for Elder Abuse in San Rafael?
To file a lawsuit for elder abuse, a person must have legal standing. Under the California Civil Code of Procedure, Section 367, the elder or dependent adult that has been the victim of abuse must be named as the plaintiff in the lawsuit.
However, a lawsuit may also name multiple plaintiffs. For example, the elder that suffered the abuse may be named as the main plaintiff. Their spouse may also be named as a plaintiff if they are suing for loss of consortium damages for the loss of comfort and care they suffered as a result of the abuse.
Plaintiffs in elder abuse cases often include:
- The dependent adult or elder
- Family members who hold the power of attorney
- Beneficiaries of the estate
- Family members that witnessed the abuse
- Guardians or conservators of dependent adults or elders who do not have the capacity to file a lawsuit on their own
- Spouses of injured individuals
When an elder or dependent adult does not survive the abuse, other individuals have the right to file a lawsuit. These plaintiffs may include a personal representative, heirs according to the state’s intestate succession laws, and any party named as an ‘interested person.’ If you are unsure whether you are eligible to file a lawsuit, reach out to an elder abuse lawyer in San Rafael today.Who Can be Held Liable for Elder Abuse?
While the plaintiffs named in an elder abuse lawsuit depend on the circumstances of the case, so too, do the defendants. The following parties are some of the most common individuals who are held liable in elder abuse lawsuits:
- Family members, friends, coworkers, neighbors, or even strangers
- Employees in facilities, such as doctors, nurses, caregivers, and administrators
- Employers in hospital, nursing facilities, rehab centers, and assisted living centers
- Financial institutions, such as advisors, mortgage brokers, and home improvement contractors
A San Rafael elder abuse attorney can help elders, dependent adults, and their families determine which party to hold liable after abuse or neglect has occurred.Call Our Experienced California Elder Abuse Lawyer Today
No one should ever suffer from elder abuse. If you or a loved one has been harmed by this type of wrongdoing, our elder abuse attorney in San Rafael is here to help. At Brod Law Firm, we know how to determine liability in elder abuse cases, and how to hold them accountable for paying the full damages you or your family member deserves. Call us today at (800) 427-7020 or fill out our online form to schedule a free case evaluation.