Passionate Advocates For The Injured

Can You Sue For Elder Abuse If The Elder Has Died?

On Behalf of | Firm News

Elder abuse refers to any mistreatment of an older person, typically over the age of 65. When asking “what are the different types of elder abuse?” any lawyer, mental health professional, or social worker will tell you that it comes in many forms.

Elder abuse can be verbal abuse and manipulation. It can also come in the form of taking advantage of an older person’s finances. In more serious cases, elder abuse can be more physical, like hitting, pushing, using physical restraints, or even sexually assaulting them.

All of the above are ways seniors are harmed every day. It should also be noted that elder neglect is also a form of abuse; someone who is entrusted with the senior’s care needs to make sure they are being properly taken care of, not ignored and left alone for long periods.

In matters of elder abuse and neglect, a civil lawsuit can be filed by a personal injury attorney on the grounds of the Elder Abuse Act. This act protects those over the age of 65 and those who are between the ages of 18-64 with physical or mental limitations who require additional care.

Under this act, those in California can sue their caretakers for abuse and neglect and win financial compensation for all the damage done while they were supposed to be improving their patients’ livelihoods.

Normally, these lawsuits are supposed to be filed by the injured party themselves; however, their family members and loved ones can also file a lawsuit since this is a sensitive matter that involves fragile parties.

If the caretaker was so abusive or neglectful that they have passed away, the family members of this person can file the lawsuit. An elder abuse lawsuit for someone who has died often bridges the gap to a wrongful death lawsuit, where pretty much the same damages can be filed.

Anna Okhovat is an elder abuse attorney in Sherman Oaks who fights hard to get her clients the compensation they deserve. Contact Anna for a free consultation on how you can file your elder abuse lawsuit.