Elder Abuse Attorney in Southern California

Yes. In California, a family member, legal guardian, or court-appointed conservator can file an elder abuse lawsuit on behalf of a victim who is unable to do so themselves due to physical or cognitive limitations. If the victim has passed away as a result of the abuse, eligible family members — including a surviving spouse, children, or financially dependent relatives — may pursue a wrongful death claim in addition to an elder abuse claim. The estate may also bring a survival action to recover damages for the pain and suffering the victim endured before their death. Contact Peck Law Corporation to discuss your legal standing and the options available to protect your loved one's rights.

Families pursuing an elder abuse claim in California may be entitled to recover a broad range of damages. These include economic damages such as medical and rehabilitation expenses, costs of relocating your loved one to a safer facility, and financial losses from exploitation or fraud. Families can also recover non-economic damages including pain and suffering, emotional distress, and loss of companionship. In cases of particularly egregious or intentional abuse, California courts may also award punitive damages to punish the wrongdoer and deter similar conduct. Under the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), successful claimants may also recover attorney's fees and costs. Read our full guide on legal damages for elder abuse in California to learn more.

In California, the statute of limitations for civil elder abuse claims is generally two years from the date the abuse occurred or was discovered. However, the timeline can vary depending on the circumstances — for example, if the victim was mentally incapacitated during the abuse, the clock may be tolled until they regain capacity or a representative is appointed. Criminal elder abuse cases are governed by separate statutes with their own deadlines. Acting quickly is critical, as evidence can be lost and witnesses' memories can fade over time. For a detailed breakdown, see our guide on the elder abuse statute of limitations in California, or contact Peck Law Corporation for a free consultation to understand how the deadlines apply to your situation.

Proving elder abuse in California requires establishing that the abuser owed a duty of care to your loved one, that they breached that duty through harmful or negligent conduct, and that the breach caused measurable harm. Key types of evidence include medical records documenting injuries or deterioration, financial account statements showing unexplained transactions, photographs of physical injuries or unsafe living conditions, and testimony from witnesses such as other caregivers or family members. Expert witnesses — including medical professionals and forensic accountants — often play a critical role in complex cases. Our attorneys at Peck Law Corporation conduct thorough investigations and work with leading experts to build the strongest possible case. You can also read our detailed guide on how to prove elder abuse in California.