Proving Elder Abuse in Court 

Under California’s elder abuse laws, there are strict repercussions for the abusers. However, for this to happen, you have to prove that elder abuse happened under the care of another. 

If you’re struggling to prove elder abuse in court, reach out to the lawyers at The Kindley Firm, APC for guidance on key legal matters. 

What are the Types of Elder Abuse?

Elder abuse refers to many types of abuse committed against those over the age of 65 under elder abuse laws in California. Elder abuse can occur in many ways and because of this, it can be tough to spot. Here are some key types of elder abuse you may suspect has happened to your loved one: 

• Financial abuse, theft, or fraud of the individual’s assets
• Neglect or abandonment
• Physical abuse
• Emotional, verbal, or psychological abuse
• Sexual abuse

How to Prove Elder Abuse

Proving certain aspects of elder abuse can be difficult. Keep in mind, though, that this is not a criminal trial. That means you don’t have to prove that the at-fault party committed a crime, but that their negligence led to the suffering of your loved one. 

First, you’ll need to prove the at-fault party, due to carelessness or intent to harm, subjected the elder person to unjustifiable physical pain or mental suffering. They may also be found liable for allowing another person to cause harm, even if they never did anything else to harm your loved one. 

The liable party must also have a legal duty to care for the elderly person. In cases of nursing home abuse, this is usually easy to prove, as the nurse or staff member was hired to protect and care for your loved one. If they failed to do that, they can be held liable for the damages they caused.

You’ll also need evidence of the harm. That may include medical exams, expert witnesses, and even photographs of the injuries. Talk to your lawyer about gathering the evidence you need to prove elder abuse.  

Signs of Elder Abuse

There are specific signs that show elder abuse occurred. Depending on the specific type of abuse, the signs can differ. Below is a sample of the signs you may notice if your loved one is facing elder abuse: 

• Financial Abuse – There are large withdrawals coming from an account, or money is missing from their financial accounts. You may also notice a new person is cashing checks that do not belong to them. 
• Emotional Abuse – Emotional abuse may be less tangible, but shifts in mood can indicate abuse. They may be withdrawn, depressed, and upset often. They may also often look around them to see who is in the room, as though worried about someone specific.
•  Physical Abuse – Accidents and falls happen for elderly people, but sudden, specific injuries may indicate something else is going on. They may also seem more withdrawn than usual, or they may have passed away suddenly without reason. 

If an elderly person you know states that they feel unsafe in a situation, it is important to listen to them.

Seek Legal Help to Prove Elder Abuse 

When a loved one is suffering from elder abuse, you may be concerned about proving their case in court. Luckily, you don’t have to handle the process of proving elder abuse in court alone. Your elder abuse lawyer has the tools you need for the courtroom. 

Give us a call here at The Kindley Firm, APC. We can speak with you about your specific case to find out the best course of action and if you can be compensated. Call 619-550-1313 or fill out the following online contact form below.