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Elder Sexual Abuse Lawyer in California

The elderly, legally defined as individuals that are 65 or older, are a high-risk population. With aging can come physical, mental and emotional frailty. By 2025, the US Census Bureau projects a total elderly population of more than 6.4 million in California. That is more than the total population in many states. We know that sexual abuse of elderly patients is a problem, but it is one that is often unreported and overlooked. Most elder abuse cases start with family members, but many of these fall under the heading of neglect or financial abuse. Nursing homes and other long-term care facilities are a likely location for sexual abuse, but these cases can be difficult to prove in a criminal court.

Our elder sexual abuse attorney in California at Johnson Attorneys Group can help if you have a relative that may be facing sexual abuse. If you need a doctor to verify the abuse, we can help. Elders with diminished mental capacity (dementia, Alzheimer’s and other patients) might not be able to remember what happened or identify their attacker. That doesn’t mean you can’t get help and pursue legal action.

California Elder Sexual Abuse Laws

The California Penal Code recognizes seven categories of elder abuse, and sexual abuse is one of the least reported and most difficult to prove in a criminal court. Sexual abuse includes touching, fondling and/or intercourse in any situation where the elderly person is unable or unwilling to give consent. It can also include situations where the elderly person feels threatened or is physically forced into an unwilling sexual act. When sexual abuse occurs, the facility can be held liable if there is negligence on the part of the administration. For example, failure to properly follow up on abuse reports or deliberate attempts to avoid reporting can all leave the facility civilly responsible for any elder sexual abuse that took place on their grounds.

What Type of Compensation is Available?

In a situation of sexual abuse of elderly patients, malice is definitely present. That means that punitive damages are a possibility, though it can be difficult to collect from an individual. Since elder abuse is a criminal offense, the perpetrator may not be earning an income for years after the event. When asking for damages from the healthcare organization, the burden of proof is much higher. After all, you still need to prove malice in a situation where the organization can claim simple ignorance.

An Experienced California Personal Injury Lawyer Can Help You Get the Maximum Recovery for Your Elderly Sexual Abuse Case

Nursing homes, assisted living facilities, hospitals, in-home care providers and other care providers have an entire institution in place to discourage and defend against negligence claims. Without an advocate in your corner, it is easy to give up on getting the compensation you need to move your loved one to a facility where they are less at risk. If you need an elder abuse attorney in California, we can help. At Johnson Attorneys Group, we offer:

  • 12 convenient locations serving the entire state of California
  • 24/7 contact line to handle calls outside of office hours
  • Free case evaluations
  • No fees unless we win or settle your case
  • A team of legal professionals that have recovered more than $98.4 million in settlements

If you suspect that an elderly loved one is being abused, contact our elder abuse attorney to discuss the case and develop an action plan.

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Every personal injury case is unique and many factors are used to value each case. The losses from your claim include the amount of the medical bills, lost wages, pain, and suffering, etc. The most important factor is your life change resulting from the injury. Typically, the larger the injury and life change, the larger the settlement. We discuss your personal injury claim’s worth during your free consultation. Call for a free consultation 800-208-3538, or complete the form below >
The first thing you should do is contact an attorney. Without the representation of a lawyer, insurance companies might make contact with you directly, and since they are trained to protect their best interests, this could mean a loss of rights on your behalf, especially if you unknowingly sign something that they didn't completely explain to you. Call for a free consultation 800-208-3538, or complete the form below >
The length of a personal injury case depends on many factors including the evaluation and treatment of the injury. The bigger the injury, the longer it takes to treat. Attorney James Johnson helps you be aggressive with the treatment, so the average case normally takes between two and five months. Those who have serious injuries and need surgery may take several months longer. Call for a free consultation 800-208-3538, or complete the form below >
Many victims believe if you don't have health insurance you don't have a case - this NOT true. In fact, those with health insurance usually don't use it since there are so many restrictions and steps to overcome to receive authorization for treatment. Johnson Attorneys Group assists you in finding the best doctors to help. Most of them even wait until a settlement for payment. Call for a free consultation 800-208-3538, or complete the form below >
Handling a personal injury claim by yourself is very difficult. You will deal directly with the insurance adjuster who is often trained to obtain the information they are not entitled to use. This information can negatively impact and de-value your case. Once your case is damaged, it is very difficult to repair it and usually costs you thousands of dollars less in a settlement. Call for a free consultation 800-208-3538, or complete the form below >
You do not pay anything unless you win. We work on a contingency-fee-basis, so we’re only paid if we win your case. When the case is settled, our fee is a percentage, as previously agreed, of the final settlement. These fees are described in full detail in our signed contract before work begins on the case. We cover the case upfront costs including everything from copying and court filing fees to hiring experts - so all your focus can be on getting well. Call for a free consultation 800-208-3538, or complete the form below >

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