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How Do You Prove Elder Abuse?

How Do You Prove Elder Abuse?

Elder abuse is a serious social problem with adverse consequences for the victim. As the abuse is directed at the elderly victims, it can leave them physically, emotionally, psychologically, and financially devastated. An elder abuse lawyer can help you investigate such abuse, report it, and seek compensation from the perpetrator.

Before you can prove an instance of elder abuse, it is important to understand what it constitutes and the different types of abuse. Here is a look at these.

What Constitutes Elder Abuse?

Any form of abuse directed at an elderly person is regarded as elder abuse or senior abuse. California Penal Code 368 defines an elderly person as someone aged above 65. Adults who are dependent on caregivers or family members for daily needs also fall in this category if they are aged between 18 and 64.

The National Center for Elder Abuse has distinguished seven types of elder abuse. These include:

  • Physical Abuse – This form of abuse involves inflicting physical pain, injury, and suffering on the victim.

  • Emotional Abuse – In this form of abuse, the victim undergoes mental anguish and distress due to the actions of the perpetrator.

  • Financial Abuse – This involves misappropriation, misuse, and exploitation of the funds of an elderly person.

  • Sexual Abuse – Sexual abuse involves non-consensual sexual contact with the victim. Such contact may take many forms and can be as straightforward as unwanted touching.

  • Abandonment – This applies when an elderly victim is physically abandoned by someone tasked with looking after or taking care of them.

  • Neglect – This involves general negligence in taking care of the needs of an elderly person.

  • Self-Neglect – This particular form of elder abuse is directed at self by the victim.

Proving Elder Abuse

If you suspect that an elderly person is undergoing any form of abuse, you must report it to the police as soon as possible. At the same time, you should get in touch with an attorney to determine how to recover evidence before the alleged perpetrator or other parties can destroy it.

You can also contact the San Diego Adult Protective Services (APS). APS has trained personnel who are experienced in investigating instances of elder abuse. An APS professional typically investigates the incident after your report and may later ask you for further details.

That being said, the advice and help of a qualified attorney are invaluable when pursuing elder abuse in civil court. Your lawyer can help you report to the relevant authorities, gather important evidence, and provide testimony to speed up the investigation.

Connect with a San Diego Elder Abuse Lawyer

Here at The Kindley Firm, APC, our personal injury lawyers have a long experience of handling elder abuse cases. We help you report the case right away and take steps to hold the perpetrator accountable for their actions. We also work with you to secure compensatory damages from the negligent party.

Call us today at 619-550-1313 or fill out our contact form to discuss your case with our lawyers.

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The Kindley Firm, APC

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