Elder abuse injury claims in Orange County are unfortunately on the rise. Elder abuse and neglect are some of the most personal and heart wrenching types of lawsuits due to their personal nature, and the depravity associated with allegations of physical abuse/neglect on elders. Many people are not familiar with these types of lawsuits, and the types of recovery that they can get in a successful action for injury from a fall, abuse or neglect in a California nursing home or extended care facility.
Elder Abuse lawsuits must be brought either by the elder themselves or (commonly) by a guardian ad litem who is responsible for an elder that can no longer make their own legal decisions due to their mental and/or physical status.
A successful elder abuse claim can result in:
(1) general damages;
(2) special damages;
(3) punitive damages; and also
(4) attorney’s fees.
General damages for elder abuse injury claims in Orange County typically consist of things such as mental anguish, and pain and suffering, which are unique to each individual Plaintiff, and will be based upon the unique circumstances of their case. Special damages typically consist of the out-of-pocket expenses for the plaintiff’s quantifiable financial losses. In an elder abuse claim, these will typically be the costs for medical bills and treatments required as a result of the harm suffered.
Punitive damages are a form of damages that are enacted to punish a wrongful defendant for their actions. Punitive damages can be established based upon conduct constituting malice, oppression, or fraud. Punitive damages are not tied to any specific dollar amount and can be exponentially higher than general/special damages for extremely disturbing and wrongful acts of the defendant. Lastly, elder abuse cases can award attorney’s fees to the victorious plaintiff.
Elder abuse injury claims in Orange County are very serious and complex causes of action. My name is Rivers Morrell and after more than 40 years of experience in these cases I can tell you it is absolutely possible to hold the nursing home or skilled nursing facility responsible and accountable.