Elder Abuse

Irvine Elder Abuse Lawyers

Helping Seeking Justice for Older Individuals Subjected to Abuse or Neglect

Sadly, because of their age and/or health conditions, elders are at a high risk of abuse or neglect. According to the United States Department of Justice, about 1 in 10 older adults 60 years of age or older are subject to some form of harm each year. Elder abuse can take many forms, including physical, emotional, and financial abuse. While it includes willful misconduct committed against an older individual, it can also involve neglect. If you believe that your loved one is currently being harmed or has been harmed in the past, report the incident and take legal action to hold the responsible party liable for damages. Even if your loved one is now deceased, you still have remedies against the wrongdoer for abuse that occurred during the life of the elder.

At Bradley R. Kirk & Associates, Inc., our Irvine elder abuse attorneys are committed to seeking justice for older individuals subject to any type of harm at the hands of another. We have over 50 years of combined experience in prosecuting these types of cases in the civil courts. We can leverage our knowledge of the law and talents to pursue compensation for our clients. We recognize that no amount of money can undo what was done to an older adult, but financial recovery can help victims or their loved ones get the care and support needed during this difficult time. It also sends a message to wrongdoers that their actions will not be tolerated.

To speak with an elder abuse lawyer in Irvine, contact our firm by calling (949) 220-0969 today.

Forms and Signs of Elder Abuse

Elder abuse can be committed in various ways. G enerally, the actions or inactions of an individual against an older adult fall into one of five categories.

These groups include:

  • Financial abuse. There are many types of financial abuse. This could involve an outright taking of the elder’s assets or tricking the elder into “voluntarily” giving their assets away (often with internet/email scams). Financial abuse also include coercing the elder into changing their estate planning documents or signing other financial papers that are not in the elder’s interest. One latest trend we are seeing is where the abuser convinces the elder to marry them or to enter into a domestic partnership with them – so that when the elder dies, the abuser has property rights in the probate court. Many caregivers are uniquely positioned to financially abuse elders.
  • Isolation. This type of abuse is common in estate litigation. It occurs when the abuser isolates the elder from their friends and family in order to prevent them from maintaining their close relationships. Once the isolation is in place, the abuser then will poison the mind of the elder against their friends and family and cause the elder to change their estate planning documents to benefit the abuser.
  • Physical abuse. This category includes unwanted or hurtful physical contact with an older person resulting in pain or injury. It also includes sexual assault or unreasonable restraint.
  • Neglect. This category refers to the failure of a person to do what is reasonably necessary in a given situation. For instance, a person may be liable for elder neglect if they knowingly did not provide personal hygiene assistance to someone who needed it or if they did not take measures to protect an individual from known hazardous conditions.
  • Emotional abuse. This type of abuse involves threats, verbal attacks, or intimidation directed at an older person.

Perpetrators of elder abuse are often people the victim knows, such as children, grandchildren, spouses, or other relatives. In some cases, they are individuals entrusted with the older person's care, such as caregivers or nursing home staff.

Unfortunately, many instances of elder abuse go unreported. According to the National Center on Elder Abuse, cases may be underreported by the victim for a variety of reasons, such as fear of retaliation, embarrassment, dependence on the abuser, or physical or mental impairments.

Therefore, it is vitally important that loved ones of older individuals look out for signs of abuse or neglect.

Indications of harm against an older person can include, but are not limited to:

  • Bedsores
  • Unexplained scratches or bruises
  • Broken bones
  • Malnutrition or dehydration
  • Avoidance or fear of certain individuals
  • Lack of participation in regular activities
  • Depression
  • Uncharacteristic expenditures or investments
  • Unpaid expenses

Our Irvine Elder Abuse Attorneys Can Assist with Your Case

If your loved one is exhibiting signs of abuse, or if your deceased loved one was a victim of elder abuse before they died, take steps immediately to seek remedies in Court. This can both stop future harm and also remedy past harm. Call local authorities to report the incident. If the abuse has occurred at a nursing home or other care facility, file a complaint with officials.

For assistance pursuing a lawsuit against the responsible party, reach out to Bradley R. Kirk & Associates, Inc. We can investigate the matter, collect and analyze evidence, and build a legal strategy to seek compensation for damages such as pain/suffering, medical expenses and financial losses.

Schedule a consultation with a member of our team by calling us at (949) 220-0969 or submitting an online contact form today.

“Despite already having several legal actions on trust and elder issues brought against me in other venues, and one still pending, Brad was quickly able to master the complicated history, get to the heart of the legal matters, and provide invaluable guidanc”

- Former Client

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Contact us today to consult with one of our attorneys specializing in probate and trust litigation.