In cases involving compensation for elder abuse claims or neglect of an elder (or dependent adult as defined by California law), there are different damages that are available, depending on what the Plaintiff can prove. Elder Abuse plaintiffs are typically entitled to the same types of damages as any other personal injury plaintiff is afforded which may include: lost earnings, lost earning capacity, medical expenses, future medical costs, loss of ability to provide household services, and pain and suffering damages. Additionally, the spouse of an Elder Abuse plaintiff can have a claim for loss of consortium. Family members of the elder victim may have a cause of action themselves for emotional distress.
In addition to these damages, if an Elder Abuse plaintiff can prove that the defendant acted with recklessness, oppression, fraud, or malice, a Plaintiff could get enhanced remedies including attorney’s fees and costs. Additionally, punitive damages could be sought.
Compensation for elder abuse claims, unlike a typical personal injury action where a plaintiff’s right to recover damages for pain and suffering is lost upon a plaintiff’s death, remains legally financially recoverable for the victim’s pain and suffering even if the senior neglect or injury victim dies. The survivors and family of the deceased should contact us to learn about their rights, and how we can protect their family’s interests.
If you believe a loved one is the victim of elder abuse or negligence, please contact the Law Firm of Rivers Morrell for a free consultation at (949) 305-1400 to discuss your claims. Our experienced attorneys and staff will work diligently on your claims!