The Weinberger Law Firm
NO FEE UNLESS WE WIN
Free Consultation With An Attorney

(916) 357-6767

If you have an elderly family member who has suffered from abuse or neglect, contact an experienced Sacramento injury lawyer immediately.

In California, elders are defined as persons 65 years and older and abusing them can have severe consequences. Criminal elder abuse occurs where any person who knows that a person is an elder and willfully causes or permits any elder to suffer or inflicts unjustifiable physical pain or mental suffering on the elder. It is the neglect, exploitation or harmful mistreatment of anyone older than 65 that should be punished. Contact a Sacramento injury lawyer immediately.

Elder abuse can involve:

  • Physical violence: the infliction of physical pain or injury, sexual assault or molestation, or use of physical or chemical restraints for punishment.
  • Psychological abuse: the infliction of fear, agitation, or confusion through threats, harassment or other forms of intimidating behavior.
  • Isolation: the intentional preventing of a person receiving contact with the outside world via mail, telephone calls or human interaction.
  • Abandonment: the desertion of an elder by someone who is a caregiver.
  • Abduction: the removal of a person from one state to another without the consent of the individual or caretaker.
  • False imprisonment: the restraint of an elder in a bounded area without justification or consent
  • Neglect: the failure to fulfill the caretaking responsibilities such as assisting in personal hygiene, providing food, clothing or shelter, protecting a person from health and safety hazards or preventing malnutrition.
  • Financial theft: the stealing or illegal or unethical exploitation of an elders funds, property or other assets.

How To Tell If It’s Abuse?

There are a few different clues that can serve as signs of physical elder abuse. Keep in mind, these signs can suggest elder abuse, but can also suggest other complex issues. The best way to confirm, is by contacting a Sacramento injury lawyer if you notice any of these signs:

  • Physical/Neglect Indicators
    • Bedsores
    • Malnutrition or rapid weight loss
    • Physical injury and painful, shocked reaction when touched
    • Bruises, skin damage and broken bones
  • Behavioral Indicators
    • Fear
    • Depression
    • Agitation
    • Anxiety
    • Confusion
    • Withdrawal
    • Helplessness
    • Denial
  • Relative or Caregiver Abuse Indicators
    • Substance abuse by caregiver
    • Social isolation of the elder by the caregiver
    • Conflicting accounts of incidents told by the elder and the caregiver
    • Absence of the caregiver
    • Obvious anger and mood swings of the elder

What Are The Penalties Of Elder Abuse?

In California, elder abuse is considered a “wobbler”, which means it can be charged as either a felony or misdemeanor depending upon the facts of the case. It can range from a few years in a state prison to death if the abuse lead to the killing of an individual. If a caregiver willfully or repeatedly neglects to maintains the care of long-term health care facility, the charges are $2,500 fine and 180 days in a county jail. If a person causes or permits infliction of physical pain or mental suffering on an elder, the crime can be punishable by one year in county jail and $6,000 fine or state prison for two(2), three(3) or four(4) years. If a person commits an act of sexual penetration, the penalty can be three (3), six(6), or eight (8) years in state prison.

Keep in mind, if anyone suspects of an elder abuse and does not report it, they too can suffer punishments. Everyone, even if you are not responsible for taking care of an elder must report suspected elder abuse. That includes administrators, supervisors, any licensed staff of a public or private facility that provides care or services for elder, any elder adult care custodian, health practitioner, clergy member, or employee of a county adult protective services agency or a local law enforcement agency. Failure to report is considered a misdemeanor and punishable by six months in county jail and $1,000 fine. Failure to report where abuse results in death or great bodily injury is considered a felony and can include one year in county jail and $5,000 fine.

The best thing to do is contact an experienced Sacramento injury lawyer who can help with your case specifically and punish the abuser and get you financial compensation and emotional relief. Don’t be too scared to reach out!

What Should You Do?

Unfortunately, most abusers tend to be the elder’s family members, caregivers or advisors, whom you would expect to be solving the problems and helping the elder. As a result, hundreds of thousands of elder abuse cases are not reported each year. If you are a victim of elder abuse or suspect someone is, you must seek professional help immediately. The most important thing is to put a stop to the abuse, get the help you need and the compensation you deserve.

Help is available. Contact a Sacramento injury lawyer immediately for the compensation you deserve.

Speak With Our Sacramento Injury Lawyer About Elder Abuse Injuries

Contact our offices in Folsom or Sacramento to discuss your injuries with a lawyer. We offer a free initial consultation to all new clients. You can reach us by phone at (916) 357-6767 or send us an email to schedule an appointment.

Additional Resources

get help today

Fill out this form to request a FREE CONSULTATIONAll fields are required
Get the help you need today from a law firm you can trust!