How do I know if my loved one’s injuries qualify as elder abuse under California law?
California’s Elder Abuse and Dependent Adult Civil Protection Act (Welfare & Institutions Code §15600 et seq.) covers physical abuse, neglect, financial exploitation, emotional abuse, and abandonment of anyone age 65 or older (or a dependent adult). Warning signs include unexplained bruises or fractures, bedsores, sudden weight loss, poor hygiene, missing funds, or fearful behavior around caregivers. If you suspect abuse, speak with an attorney — we can evaluate whether the facts support a claim.
Can I sue a nursing home or assisted living facility, not just an individual caregiver?
Yes, and in most elder abuse cases the facility itself is the primary defendant. Corporate owners and operators are responsible for staffing levels, training, supervision, and the policies that create conditions for abuse or neglect. California law allows families to pursue the facility — which typically carries insurance and has far greater resources than an individual employee — for recklessness or institutional failures that led to harm.
What additional damages are available in elder abuse cases compared to regular negligence?
Under California’s Elder Abuse Act, when we prove recklessness, oppression, fraud, or malice, you can recover attorney’s fees and costs (shifted to the defendant), punitive damages for egregious conduct, and — critically — pain and suffering damages that survive the victim’s death. This last point is a major exception to California’s general rule and means families can continue a claim even after an elder passes away from their injuries.
How quickly do I need to act after suspecting elder abuse?
As quickly as possible. Evidence in elder abuse cases — care plans, staffing records, medication logs, surveillance footage, and witness accounts — can be altered or destroyed. California’s general statute of limitations for elder abuse claims is two years from the date of injury or discovery of the abuse. Additionally, for cases involving certain defendants, timely reporting may affect your legal options. Contact an attorney immediately if you suspect abuse.
Does L&F Brown charge upfront fees for elder abuse cases?
No. Elder abuse cases are handled on a contingency fee basis — you owe nothing unless we recover compensation for your family. There are no upfront fees or hourly charges. We offer free, confidential consultations for families throughout Los Angeles and the surrounding area, including Glendale, Pasadena, and the San Fernando Valley.
Attorney of the Year — California Lawyers Association No fee until we win