Bringing an elder abuse claim in California is often the right thing to do because it holds unethical and downright dangerous nursing home and assisted living facilities accountable for their actions and deters them from taking or allowing actions that can injure other elders. But, justice concerns aside, we know that elder abuse claims obviously require effort, courage, and stamina from the injured parties, and concern over whether an adequate financial recovery is waiting at the end of the process is often the deciding factor in whether a victim of elder abuse and his or her family moves forward with an elder abuse claim.
At Johnson Moore, we fully understand the hesitation, concerns, and goals that elder abuse victims and their families have when considering whether to sue, and so we provide a free consultation to discuss your circumstances and what options you have for recovery. That said, here is a brief overview of the damages available in a California elder abuse lawsuit.
Statutory Damages for Elder Abuse
Elder abuse is illegal under California law, and plaintiffs who can successfully prove evidence of elder abuse – which can include a violation of a patient’s rights under any state or federal regulation relevant to elder care – may pursue up to $500 per violation in statutory damages.
Although $500 may not seem like much, it is not uncommon for a patient in an elder abuse case to be able to prove hundreds of instances of elder abuse in a single matter, as elder abuse entails physical abuse, mental abuse, and neglect, among other things. If a patient successfully proves 400 instances of elder abuse, that is potentially $100,000 in statutory damages alone.
Punitive Damages for Elder Abuse
As in other civil cases, punitive damages can easily become the largest portion of a plaintiff’s recovery, as they are intended to punish large defendants from taking injurious actions and deter others from doing so. To recover punitive damages in a California elder abuse case, it will be necessary to show that the defendant acted with “recklessness, oppression, fraud, or malice” in the commission of elder abuse.
Put more simply, this means proving by clear and convincing evidence that the defendant injured the plaintiff by acting in conscious disregard of their rights, or, in other words, acted in a way where the defendant knew there was a high likelihood the plaintiff would be injured and the plaintiff was in fact injured.
Attorneys’ Fees
In addition to statutory and punitive damages, plaintiffs in elder abuse cases may also be able to pursue recovery for the full cost of their attorneys’ fees in bringing the claim.
Damages in Negligence
Finally, while the above damages all go to penalizing the nursing home or assisted living facility for its actions, a plaintiff who has been physically injured by the provider’s actions can also pursue the costs suffered as a result of the provider’s careless actions. This can include costs for ongoing medical care and pain and suffering.
Contact Johnson Moore Today
At Johnson Moore, we know full well that elder abuse victims and their families often face stonewalling, denial, and even intimidation when they try to take action against elder abuse. Our attorneys are compassionate and determined defenders of the elderly, and we will take the time to fully understand your concerns and assess what steps we can take on your behalf. Even if you are unsure of whether you have a valid claim, we look forward to hearing from you to help you explore your options for obtaining the justice you deserve. Contact Johnson Moore today to schedule a free consultation.
