In California, elder abuse is a severe and expanding problem that impacts thousands of vulnerable seniors annually. Under Welfare and Institutions Code (WIC) § 15657.7, anyone who provides care for senior citizens is accountable for any abuse or neglect of those under their supervision. The statute of limitations for elder abuse in California normally lasts between one and four years after the abuse is discovered. The exact time depends on the type of abuse, whether it’s emotional, financial, or physical.
Get in touch with the Fassonaki Law Firm, P.C., right now if you think your loved one has been abused or neglected. Our Los Angeles elder abuse lawyer is prepared to listen, look into the matter, and defend your family’s safety and dignity.
What is the Statute of Limitations For Claims of Elder Abuse in California
Families in California have a limited period of time to file a civil lawsuit claiming elder abuse or neglect. Due to California’s elder abuse statute of limitations, you have just two years to bring a civil lawsuit against a non-public entity or individual.
You might not be able to submit a claim for damages if you miss this deadline. Furthermore, there might be shorter filing deadlines for other possibly related causes of action. You should consult an attorney as soon as possible, as there are numerous deadlines to consider.
Statute of Limitations Extensions and Exceptions
The statute of limitations for elder abuse in California may be “tolled” or extended in certain situations. For instance:
-
Delayed Discovery: The statute of limitations may start on the date of discovery rather than the date of abuse if the victim did not learn of the abuse until after it happened (for example, because of mental incapacity, isolation, or the abuser’s intentional concealment).
-
Ongoing Abuse: If the abuse continues, the statute of limitations may be extended until the abuse ceases.
-
Mental Incapacity: The statute of limitations may be extended for an elderly person who is mentally incapacitated until they regain capacity or until a legal representative is appointed.
Get in touch with our personal injury lawyer to ensure that victims of elder abuse and their families can pursue justice even if the abuse was not immediately discovered.
What are California Elder Abuse Lawsuit Filing Deadlines
The statute of limitations for financial elder abuse in California varies based on the type of abuse and whether the case is criminal or civil.
-
Physical or Emotional Damage: Compensation lawsuits must normally be filed within two years of the date the abuse is discovered or reasonably should have been found.
-
Financial Elder Abuse: The statute of limitations for claims involving financial exploitation is extended to four years from the date the abuse is discovered or reasonably should have been discovered.
The goal of these civil lawsuits is to obtain monetary compensation for the victim’s pain, losses, or pilfered property.
What is Statute of Limitations: Civil vs. Criminal
Depending on whether the case is being pursued as a criminal or civil matter, California has different statutes of limitations for elder abuse cases.
1- Civil Statute of Limitations:
The statute of limitations for elder abuse in California is normally two years from the date the abuse occurred or was discovered for civil cases, which usually involve seeking monetary compensation. This time frame may occasionally be prolonged if the abuser concealed the abuse or if the victim was not aware of it because of things like cognitive impairment.
2- Criminal Statute of Limitations:
The severity of the abuse determines the statute of limitations in criminal cases where the state prosecutes the abuser. The statute of limitations for felony elder abuse cases, which typically involve severe physical harm or financial exploitation, is three to six years. However, the statute of limitations may be extended or, in certain situations, may not apply at all in situations where the abuse causes death or serious injury, enabling prosecutors to file charges years after the abuse took place.
Which Factors May Impact the Statute of Limitations?
The statute of limitations may change or be extended for several reasons:
-
Discovery Rule: This allows the statute of limitations to begin when the abuse is identified rather than when it actually occurred. This is especially important when there is financial abuse or neglect, as the damage may not be immediately apparent.
-
Incapacity of the Victim: The statute of limitations may be tolled (paused) until the elder regains capacity or until a legal guardian takes over if they are physically or mentally incapable.
-
Fraud or Concealment: The statute of limitations may be extended if the abuse was concealed or concealed, allowing the victim more time to claim once it is discovered.
-
Abandonment or Isolation: The statute of limitations may be postponed until an elder can seek assistance or legal recourse if they were purposefully abandoned or isolated.
What Happens If the Statute Deadline Is Missed?
The case is usually dismissed if a claim is filed after the statute of limitations has passed. The victim or their family may not be able to pursue compensation or prosecution after the deadline has passed because courts typically will not accept the case.
Missing the deadline in civil cases results in the loss of the chance to get compensation for any harm under the nursing home negligence statute of limitations. If charges are not brought within the allotted time, the abuser may completely avoid prosecution in criminal cases.
Even though there might be some exceptions, they are uncommon, so it’s imperative to take action within the allotted time frames.
What Legal Choices for Elder Abuse Victims?
How to report elder abuse in California can help victims pursue justice and compensation through various legal channels. It is essential to comprehend these choices in order to act promptly and efficiently.
1- Filing a Civil Lawsuit
Victims or their families may pursue financial compensation for the harm inflicted by the abuse through a civil lawsuit. When the victim or their family wishes to hold the abuser financially responsible, civil cases are frequently pursued. Victims of elder abuse may be entitled to compensation under Civil Code § 3333.2, which covers pain and suffering, medical expenses, and potentially punitive damages.
2- Criminal Prosecution
The state may file criminal charges against the perpetrator in cases of severe abuse. The government brings criminal cases, and the punishments may include jail time, fines, and victim restitution. To guarantee that the abuser is held criminally responsible, victims or their families can collaborate with law enforcement and prosecutors.
3- Reporting Adult Protective Services (APS)
Adult Protective Services (APS) in California has a strong system for reporting elder abuse. In order to protect the victim, APS can look into claims of abuse, offer emergency services, and collaborate with law enforcement.
Collaborate with our California Elder Abuse Lawyer
An elder abuse lawyer can assist in ensuring that every facet of your case is managed effectively and submitted within the legal deadlines established by California law. Lawyers can assist in gathering relevant evidence, preparing legal documents, and navigating both civil and criminal legal proceedings. They are also knowledgeable about the statute of limitations.
Elder abuse cases are the focus of Fassonaki Law Firm, P.C., which helps clients seek justice by guiding them through the legal system. Victims and their families can safeguard their legal rights and ensure that claims are submitted within the necessary timeframes by acting quickly and collaborating with a knowledgeable lawyer. Call us at 323-524-8994 to schedule a free assessment.