If a loved one has been the victim of elder abuse, they could be entitled to compensation, and the defendant could face criminal charges. Here’s what you need to know about filing a lawsuit or charges for elder abuse:
1. Know what elder abuse is
The neglect and/or abandonment of a person over 65 who is in need of support from a caretaker will be considered elder abuse. This can include physical or verbal abuse of an individual who is over 65 or someone who requires care for an ongoing medical problem. Individuals who knowingly commit elder abuse can be criminally charged. Individuals who are negligent can be sued in civil court but cannot be criminally charged.
2. File the lawsuit in a timely manner
In order to successfully file a lawsuit or charges for elder abuse, it’s important to act before the statute of limitations runs out. The specific amount of time that you’ll have varies from one case to another, but an experienced attorney can give you a good idea of how long you’ll have to file your case.
3. Make sure that you document everything
Always make sure that you thoroughly document all instances of elder abuse that you witnessed (or experienced if you are the victim yourself). Taking photographs of any injuries will bolster your case when you file charges and/or a lawsuit.
4. Get in touch with a lawyer
If you or a loved one has been a victim of elder abuse, Claw Law Firm is the best lawyer to choose. You can visit the website to learn more. Give Claw Law Firm a call or contact them online today!
5. Know what to expect in court and afterward
Civil proceedings are very different than criminal court cases. If you file charges against the abuser, you can expect that the defendant will have representation from a private lawyer or a public defender. If they choose to have their case heard by a jury, they will be able to. You’ll need to make sure that your case can be proven beyond a reasonable doubt.
However, cases do not have to be proven beyond a reasonable doubt in civil court. In a civil case, you’ll need to simply prove that your case is more likely than the defendant’s to be accurate.