Elder abuse is a serious concern in our community, affecting many older adults across our region. At Senior Advocate Center, we understand the complexity of these cases and want to provide clear information about how the law treats elder abuse offenses. Elder abuse can be classified as either misdemeanor or felony elder abuse, depending on several factors including the severity of the abuse, the perpetrator's intent, and the extent of harm caused to the elderly victim.

Cases of elder abuse are taken very seriously, especially given our aging population. Many of our clients are surprised to learn about the legal distinctions.

Financial Compensation You May Be Entitled to if a Victim of Misdemeanor or Felony Elder Abuse

At Senior Advocate Center, we understand that elder abuse cases involve not just criminal consequences but also potential financial compensation for victims. If you or a loved one has experienced elder abuse, whether classified as a misdemeanor or felony elder abuse, you may be entitled to various forms of financial recovery.

Restitution in Criminal Cases

When an elder abuse case results in criminal charges, the court can order the perpetrator to pay restitution to the victim. This applies to both misdemeanor and felony elder abuse cases, though the amounts may differ based on:

• Medical expenses resulting from abuse
• Costs of therapy or counseling
• Property damage or loss
• Stolen or misappropriated funds with interest
• Costs associated with changing residence due to abuse

Restitution is ordered as part of the criminal sentencing process for misdemeanor or felony elder abuse and is intended to make the victim "whole" financially.

Civil Lawsuit Damages

Regardless of whether misdemeanor or felony elder abuse criminal charges are filed, elder abuse victims can pursue civil lawsuits against perpetrators. These lawsuits can result in several types of compensation:

1. Compensatory Damages
   • Medical bills and ongoing care costs
   • Pain and suffering
   • Emotional distress
   • Lost income or benefits
   • Property replacement or repair
   • Costs of alternative living arrangements
2. Punitive Damages
   • Additional compensation intended to punish particularly egregious conduct
   • Often available in cases involving intentional abuse or fraud
   • May be significantly higher than compensatory damages
3. Special Statutory Damages
   • Many jurisdictions have enacted enhanced damages for elder abuse
   • May include double or triple damages for financial exploitation
   • Can include attorney fees and court costs

Recovery Through Adult Protective Services

Some jurisdictions have funds established specifically to help elder abuse victims with immediate needs when the perpetrator cannot provide restitution. These might cover:

• Emergency housing
• Medical care
• Replacement of essential personal items
• Security improvements to prevent further abuse

Insurance Claims

Depending on the circumstances, compensation might be available through various insurance policies:

• Homeowner's insurance (if abuse occurred in someone's home)
• Professional liability insurance (for abuse by caregivers)
• Medical malpractice insurance (for abuse in healthcare settings)
• Long-term care facility insurance

Victim Compensation Funds

Many jurisdictions maintain victim compensation funds that can provide financial assistance to crime victims, including elder abuse victims. These funds typically cover:

• Medical expenses not covered by insurance
• Mental health counseling
• Lost wages
• Funeral expenses in cases of fatal abuse
• Relocation expenses

Misdemeanor Elder Abuse

Misdemeanor elder abuse involves less severe forms of neglect, minor financial exploitation, verbal or emotional abuse without demonstrable harm, or first-time less serious offenses. These carry lighter penalties like short jail sentences, probation, or fines.

Felony Elder Abuse

Felony elder abuse involves more serious violations including:

• Physical abuse causing significant bodily injury
• Major financial exploitation
• Severe neglect causing serious health consequences
• Sexual abuse
• Repeat offenses
• Abuse resulting in death

The distinction between misdemeanor and felony elder abuse often depends on factors like the perpetrator's position of trust, victim vulnerability, premeditation, use of weapons or restraints, and amount of financial loss. Many jurisdictions use "wobbler" offenses that prosecutors can charge as either misdemeanor or felony elder abuse based on specific circumstances and the perpetrator's criminal history.

How an Elder Abuse Lawyer Can Maximize Your Compensation and Hold Responsible Parties Accountable

Our firm fights tirelessly to ensure elderly persons receive the maximum compensation possible while holding misdemeanor or felony elder abusers accountable for their actions. Our experienced legal team employs several proven strategies to protect seniors' rights and secure the financial recovery they deserve.

• Case Evaluation and Documentation: We thoroughly assess your elder abuse situation, gathering medical records, financial statements, and witness testimony to build a comprehensive case that demonstrates the full impact of the abuse.
• Identifying All Responsible Parties: We investigate to uncover all potentially liable individuals and entities, including caregivers, facility administrators, corporate owners, and others who may have contributed to the elder abuse through action or negligence.
• Multi-Pronged Legal Approach: We pursue both criminal and civil remedies simultaneously, working with prosecutors on criminal elder abuse charges while independently pursuing civil damages to maximize potential compensation.
• Damages Calculation: We meticulously calculate all recoverable damages including medical expenses, pain and suffering, emotional distress, financial losses, and where applicable, punitive damages for particularly egregious elder abuse cases.
• Expert Witness Testimony: We collaborate with medical professionals, financial analysts, and care specialists who can testify about the elder abuse impact, strengthening your case and potentially increasing compensation amounts.
• Negotiation Experience: We leverage our elder abuse case experience to negotiate effectively with insurance companies and opposing counsel, often securing settlements that fully address our clients' needs without protracted litigation.
• Trial Preparation: We prepare every elder abuse case as if it will go to trial, developing compelling presentations that clearly demonstrate liability and the extent of damages to maximize potential jury awards.
• Asset Investigation: We identify and locate abusers' assets to ensure judgments can be collected, performing thorough investigations to uncover hidden funds in elder financial abuse cases.
• Regulatory Compliance Actions: We report facilities and individuals to appropriate licensing boards and regulatory agencies, creating additional pressure that often facilitates more favorable elder abuse claim settlements.
• Long-term Planning Assistance: We help structure settlements or awards to ensure elder abuse victims receive long-term protection, including establishing trusts or guardianships when needed to manage compensation funds.

Elder Abuse Victim Cases We Take

At Senior Advocate Center, we represent victims of all forms of elder abuse, including misdemeanor and felony elder abuse, with dedication and determination to secure justice and compensation. Our experienced team specializes in handling even the most complex elder abuse cases across multiple settings.

• Nursing Home Abuse: We handle cases involving physical harm, improper restraint use, medication errors, and neglect in nursing facilities, helping victims document injuries and hold institutions accountable.
• Financial Exploitation: We pursue cases against those who steal from, defraud, or misuse an elderly person's assets, including family members, caregivers, or professionals who abuse powers of attorney or guardianship.
• Physical Abuse: We represent seniors who have suffered hitting, pushing, improper restraint, false imprisonment, or any form of physical violence, whether in care settings or private homes.
• Emotional and Psychological Abuse: We take on cases involving threats, humiliation, isolation, and other forms of emotional elder abuse that cause psychological trauma and diminished quality of life.
• Sexual Abuse: We handle these sensitive cases with the utmost care and discretion, pursuing justice for elderly victims of unwanted touching, assault, or other forms of sexual elder abuse.
• Medical Neglect: We represent seniors denied proper medical care, medication, or treatment, resulting in worsened health conditions or unnecessary suffering.
• Self-Neglect Cases: We assist in situations where elderly individuals are unable to care for themselves and require intervention, especially when responsible parties have failed to provide necessary support.
• Caregiver Neglect: We pursue cases against hired caregivers or family members who fail to provide proper food, hydration, hygiene, or other essential care for an elderly person.
• Facility Understaffing Claims: We take action against facilities that maintain inadequate staffing levels resulting in systematic elder abuse or neglect across multiple residents.
• Wrongful Death: We represent families who have lost loved ones due to elder abuse or neglect, seeking justice and compensation for these tragic outcomes.

What to Do if You or a Loved One Is a Victim of Elder Abuse

At Senior Advocate Center, we understand that discovering elder abuse can be overwhelming and confusing. Whether it is misdemeanor or felony elder abuse, taking prompt, decisive action is critical to protect the victim and preserve evidence for potential legal action.

• Ensure Immediate Safety: If there is an emergency or immediate danger, call 911 immediately to remove the elder abuse victim from harm's way.
• Document Everything: Take photographs of any visible injuries, keep a journal of suspicious behavior, save financial statements showing unusual activity, and maintain copies of all relevant medical records related to the elder abuse.
• Report to Adult Protective Services: File a formal report with your local Adult Protective Services agency, which is legally mandated to investigate elder abuse allegations and can facilitate access to support services.
• Contact Law Enforcement: Report elder abuse to police, especially in cases involving bodily harm, sexual abuse, or financial exploitation, as these may constitute criminal offenses.
• Seek Medical Attention: Have a healthcare provider examine the elder abuse victim, even if injuries aren't obvious, as medical documentation serves as crucial evidence and ensures proper treatment.
• Secure Financial Accounts: If financial elder abuse is suspected, contact banks and financial institutions to freeze accounts, change passwords, and prevent further unauthorized access.
• Obtain Temporary Guardianship: Consider seeking emergency guardianship or conservatorship if necessary to protect an elder abuse victim who lacks capacity to make decisions.
• Preserve Digital Evidence: Save all emails, text messages, voicemails, or social media communications that may contain threats, admissions, or other evidence of elder abuse.
• Contact Facility Administration: If misdemeanor or felony elder abuse occurred in a care facility, formally notify the administrators in writing while keeping copies of all correspondence about the elder abuse incident.
• Consult an Elder Abuse Attorney: Speak with a lawyer experienced in elder abuse cases who can advise on legal options, help preserve evidence, and pursue compensation for the victim.

Stand Up Against Elder Abuse

If you or a loved one has experienced misdemeanor or felony elder abuse, don't face this difficult situation alone. At Senior Advocate Center, we're committed to fighting for justice and securing the compensation victims deserve. Contact us today for a confidential consultation and let our experienced team help you navigate the path forward with compassion and determination.

Elder Abuse Lawyer FAQs

What is the time limit for filing an elder abuse lawsuit? Statutes of limitations vary by jurisdiction and type of case, generally ranging from 1-5 years. Some states have special extended deadlines for elder abuse cases, and certain circumstances may toll (pause) these time limits. Consulting with an elder abuse lawyer promptly is crucial to preserve your legal rights.

How much does it cost to hire an elder abuse attorney? Most elder abuse attorneys work on a contingency fee basis, meaning there are no upfront costs. The lawyer only collects a fee if they secure compensation for you, typically a percentage of the recovery amount. Initial consultations are usually free.

Can I file an elder abuse lawsuit if the victim has passed away? Yes, the victim's estate or surviving family members can often pursue legal action through a wrongful death lawsuit or survival action. These cases may seek compensation for medical expenses, pain and suffering prior to death, funeral costs, and loss of companionship.

Will filing an elder abuse claim mean a court appearance? Not necessarily. Many elder abuse cases settle before trial through negotiation or mediation. However, your attorney will prepare as if the case will go to trial to ensure you receive fair compensation. If a trial becomes necessary, your lawyer will guide you through the process.

How long does an elder abuse lawsuit typically take? The timeframe varies greatly depending on case complexity, evidence availability, court schedules, and whether the case settles or goes to trial. Simple cases might resolve in months, while complex litigation could take one to three years. Your attorney can provide a more specific estimate based on your situation.

Can nursing homes retaliate if I report suspected abuse? Federal and state laws prohibit retaliation against those who report suspected elder abuse. If a facility attempts retaliation, this can strengthen your case and potentially lead to additional damages. Document any suspicious actions following your report.

What if the abuse victim has dementia or cannot communicate well? Cases can proceed even when victims have cognitive impairments. Attorneys often work with family members, medical experts, and use circumstantial evidence to establish abuse. Medical records, photographs, witness testimony, and expert opinions can help build compelling cases despite communication challenges.

Are arbitration agreements in nursing home contracts enforceable? These agreements, which require disputes to be resolved through arbitration rather than court, are sometimes enforceable but can often be challenged. Many arbitration clauses have been invalidated if they're deemed unconscionable or if the resident lacked capacity when signing. An experienced elder abuse attorney can evaluate the specific agreement and identify potential challenges.