California Elder Abuse and Personal Injury Attorneys

The Evans Law Firm

6701 Center Drive West, 14th Floor
Los Angeles, California 90045
USA

(415) 441-8669 or(888) 503-8267

(888) 891-4906

www.evanslaw.com

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Law Firm Overview FREE CONSULTATION

The Evans Law Firm is a California law firm with offices in San Francisco and Los Angeles.

We represent clients in the following areas: elder abuse (physical and financial), consumer fraud class actions involving, particularly insurance and banking claims, consumer product liability and personal injury/wrongful death cases, particularly asbestos-mesothelioma, pharmaceutical product liability, negligence personal injury claims, as well as qui tam (whistleblower/false claims) and employment discrimination litigation.

At The Evans Law Firm, our attorneys have extensive litigation and trial experience. We have recovered over an estimated hundred million dollars for injured victims, in individual lawsuits, class actions and mass tort litigation. Lead attorney, Ingrid M. Evans, was named as a finalist for “Consumer Attorney of the Year” as well as been voted by her peers as a Northern California Super Lawyer. Ms. Evans holds an AV-Rating in the Martindale-Hubbell peer review criteria for her ethics, professional abilities and standards.

Areas of Law

Additional Areas of Law: Physical Elder Abuse; Elder Financial Abuse; Revocable Living Trust; Advance Health Care Directive; Durable Power of Attorney; Last Will & Testament; Annuity Abuse Litigation; Long-Term Insurance Scams and Fraud; Financial Annuity Fraud; Annuities Fraud; Wage Claims; Civil Harassment Restraining Orders; Stalking; Harassment; Speeding; Aggressive Driving; Denture Cream Zinc Poisoning; Broken Bones; Disfigurement; Paralysis; Loss of Eyesight or Hearing; Electrical Shock Injuries; Caregiver Fraud; Insufficient Staffing in Nursing Homes; Healthcare Fraud; Investment Fraud; Medicaid Fraud.

Areas of Law Description

- Physical Elder Abuse

Thousands of the elderly people are abused each year by staff in nursing homes, by their own family members who care for them, or by reliable professionals. An elderly person can suffer from abuse no matter how well they function, and the abuse often occurs by those most trusted by the victim. Elder abuse may be passive (the caregiver lacks knowledge or skills to care for the victim properly) or active (the caregiver intentionally neglects the victim or withholds care). Perpetrators of elderly abuse may be spouses, children, professional caregivers, or even financial advisors.

• Caregiver Fraud
Caregiver fraud occurs when that individual designated as a caregiver physically or financially abuses the dependent. This form of abuse usually begins with deception regarding the true identity or qualification of the caregiver.

• Insufficient Staffing in Nursing Homes
Nurses and staff are responsible for the care and wellbeing of elderly in nursing homes and care facilities. Without their work and diligence, the overall comfort and safety of people staying and living in those facilities may diminish. Yet, despite the critical importance of nursing home staff and the care they provide, the rate of nursing home wage and hourly infractions have increased alarmingly in recent years. Violations of wage and hourly rules and laws for staff in nursing homes hurts both the employees and the residents in nursing homes.

• Nursing Home Abuse
In California and throughout the country, an increasing number of elders are being victimized by nursing home abuse. It has been estimated that as many as thirty percent of all nursing homes in America may have residents suffering from abuse or neglect. These elders are needlessly manipulated, humiliated, or physically harmed by the people entrusted to provide them with the best of care. Unfortunately, nursing home abuse often results in serious injury and even premature death. Abuse of elders in nursing home takes many different forms. The most common are listed here:

Physical abuse: the non-accidental use of force that results in physical pain or injury. This type of abuse includes not only physical assaults (such as slapping or shoving) but the inappropriate use of restraints, confinement, un-prescribed drugs, or over-dosing or under-dosing prescribed drugs.

Emotional abuse: can occur from intimidation through yelling or threats, humiliation or ridicule, or other psychological abuse such as ignoring the resident or isolating him or her from friends or activities.

Sexual abuse: includes not only physical sex acts, but actions such as showing a resident pornographic material or inappropriately forcing the elder to undress.

Neglect or abandonment: is the failure to fulfill a caretaking obligation, such as missing scheduled bathing or feeding. Neglect can be intentional unintentional.

Financial exploitation: involves the unauthorized use of a resident’s funds or property, either by a caregiver or an outside person operating a scam. Examples include using a resident’s credit card, stealing cash or income checks, forging the resident’s name, or stealing the resident’s identity.

Healthcare fraud: perpetrated by unethical physicians, nurses, or other healthcare providers. Examples include charging for healthcare that was not provided, overcharging or double billing for medical care, kickbacks, over or under medicating, Medicaid fraud, etc.

- Elder Financial Abuse

Financial elder abuse involves the illegal or improper use of a senior’s funds, property, or resources. At the Evans Law Firm, we litigate all types of financial elder abuse including those against insurance agents, insurance companies, banks and their employees, caregivers, and relatives. Some examples of elder abuse are:

An unscrupulous caregiver or family member might:

• Misuse an elder’s personal checks, credit cards, or accounts
• Steal cash, income checks, or household goods
• Forge the elder’s signature
• Engage in identity theft

Typical scams that target elders include:

• Financial seminars aimed at selling insurance products
• Announcements of a “prize” that the elderly person has won but must pay money to claim
• Phony charities
• Investment fraud

Scams involving healthcare providers include:

• Not providing healthcare, but charging for it
• Overcharging or double-billing for medical care or services
• Getting kickbacks for referrals to other providers or for prescribing certain drugs
• Overmedicating or under medicating
• Recommending fraudulent remedies for illnesses or other medical conditions
• Medicaid fraud

- Identity Theft

Every year, millions of adults in the United States are reported victims of identity theft, and countless more occurrences go undocumented.[1] As people increasingly use the Internet to perform their financial and commercial transactions, their personal information becomes more accessible to hackers and technologically savvy criminals.

- Personal Injury

Costly and life-changing injuries can happen to you or a loved one when you least expect it. These personal injuries can devastate you physically, emotionally, and financially. When something happens that is due to the negligence, recklessness, or carelessness of another party or parties, you may be able to recover compensation and seek justice for your injury.

• Asbestos
Asbestos fibers are resistant to chemical change, but your immune system triggers a response to get rid of them nonetheless. The repeated attempts to rid your lungs of these tiny, sharp fibers cause scar tissue to form in the lungs. This condition is known as asbestosis. Scar tissue reduces the ability of your lungs to expand and contract, reducing lung capacity. Asbestos pleural disease is similar to asbestosis, but occurs when asbestos fibers are in the lining of the lungs rather than the lung tissue itself.

• Mesothelioma
Mesothelioma is cancer of the mesothelium, the protective lining around the lungs, heart, and abdominal organs. The most common type of mesothelioma is cancer of the pleura, the lining around the lungs. It is caused by the inhalation of asbestos fibers. Symptoms can take ten years to several decades to appear, but in rare cases mesothelioma can appear very quickly.

• Automobile Accidents
Although a few lucky drivers may be able to boast of never having been in an automobile accidents, the fact is that the majority of people who drive motor vehicles or ride as passengers will be involved in an automobile accidents at some time in their life, possibly multiple times. While many of these accidents are minor, many others result in serious injury or death. Automobile accidents can change lives in an instant and devastate victims and their families. If you or a loved one has suffered an injury, or a loved one has been killed as a result of an automobile accident, you should contact an automobile accident attorney as soon as possible.

• Product Liability
Product liability is an area of law that is designed to allow those who have been injured or damaged by a defective product to recover compensation. In California, the manufacture of a product can be held liable if its defect causes harm to someone during normal and ordinary use. Any product that is sold to consumers is covered under the law. If you or a loved one has been injured, or a loved one killed by a defective product, it is essential that you contact a products liability attorney as soon as possible.

• Truck Accidents
Injuries obtained in truck accidents are usually far more severe than when only automobiles are involved. The impact of a truck upon a car, even at low speeds, can cause significant damages. Given the great difference in weight and size between a semi or other large commercial truck and the average automobile, it is not surprising that when a collision occurs, serious injuries or death are common results. Unfortunately, many trucking companies fail to take responsible measures to prevent such accidents. They are negligently hiring unqualified drivers, failing to adequately train their drivers, failing to properly maintain their trucks, and failing to realize the effects of overworking their drivers. If you or a loved one has been injured, or if you have lost a loved one in truck accidents, call The Evans Law Firm as soon as possible.

• Brain Injuries
Brain injuries are often serious and life-changing events that can devastate a family. The victim of a brain injury may lose his or her job and may not be able to participate in the normal and every day activities that they once did. Family members often become long-term caregivers for their injured loved one. It is estimated that approximately 1.4 million people in the United States suffer a traumatic brain injury every year, with 50,000 of those injuries resulting in death. In most instances, brain injuries are the result of someone else's negligence. If you or a loved one has suffered a brain injury, it is essential to retain a personal injury attorney as soon as possible.

• Burn Injuries
Burn injuries are one of the most traumatic injuries that a person can experience. Burns can be excruciatingly painful and may take a long time to heal. Nerve damage and skin grafts are common, and in severe cases disfigurement and loss of function in the injured area can occur. The physical and emotional scars can last a lifetime. The American Burn Association has estimated that 2.4 million people in the United States receive medical treatment for burn injuries every year. Between 8,000 and 12,000 of these people die from their burn injury, and another 10,000 people die from secondary complications such as infections or pneumonia. Often times, burn injuries are the result of someone else's negligence.

• Defective Drug
Pharmaceutical companies comprise a titanic industry in this country, producing thousands of types of drugs and making billions of dollars in profits every year (consistently topping the annual Fortune 500 ranking of American industries). Although many of these drugs are successful in treating a variety of illnesses, not all pharmaceuticals products are safe. Over the past several years, a number of products have been recalled by manufacturers, or warnings issued, because of dangerous side-effects. Some of these defective drugs have caused serious injury, and even death. If you or a loved one has been injured, or has experienced negative side effects from pharmaceuticals, you may be able to recover compensation for your injuries by consulting a defective drugs attorney. Many drug companies are now involved in class-action lawsuits for drugs and dangerous products.

• Denture Cream Zinc Poisoning
Millions of people have used Fixodent, PoliGrip, or Super PoliGrip as a denture cream. Sometimes dentures are not fitted well and the wearer must use extra adhesive to avoid any discomfort. One of the ingredients in these denture creams is zinc, which can cause zinc toxicity or poisoning when ingested. Zinc poisoning can lead to irreversible neurologic damage.

• Premises Liability Accidents
Slip and fall injuries can be the result of poor maintenance at places of business, public transportation stations, or other public areas. Construction workers are often injured on the job. These injuries can be not only serious, but crippling to employees, shoppers, or even bystanders and passersby. Property owners and property managers have an obligation to keep these premises free from harm or unnecessary risk. When they don’t and someone is seriously injured, that property owner has a responsibility to pay for any damages.

• Motor Vehicle Accidents
One of the main causes of serious personal injuries is motor vehicle accidents. These include cars, trucks, buses, motorcycles, and other modes of transportation. It is estimated that a vehicle accident occurs every ten seconds in the US, and is the leading cause of all injuries for people under the age of 35.

• Other Serious Personal Injuries
There are many causes of serious personal injuries, and victims find that the things they did and took for granted are now difficult or impossible to do anymore. Unfortunately, even if you’ve suffered an injury that keeps you out of work for an extended period of time, the bills will continue to come in. Some of the most common serious personal injuries include:

. Broken bones;
. Severe disfigurement or scarring;
. Paralysis;
. Loss of eyesight or hearing;
. Electrical shock injuries;
. Traumatic brain injuries.

- Estate Planning

Estate planning can be a complex project to tackle, but is often beneficial and conducive to providing security for relatives and loved ones. In addition, estate planning establishes measures and guidelines to ensure that your affairs are treated adequately should you become incapacitated. The estate planning packages also include a Power of Attorney so that you can appoint somebody to handle your financial affairs in the event of incapacity and a Durable Healthcare Directive so that you can appoint somebody to handle your medical decisions in the event of incapacity.

• Last Will & Testament
This aspect offers the settlor help in preparing a last will and testament. This aspect of a testamentary will gives the living settlor control over gifts and donations, as well as fulfilling ordinary will and testamentary purposes.

• Durable Power of Attorney
This allows the settlor to appoint a person to act in his or her place to make medical, financial, legal, or other decisions should the settlor become incapacitated.

• Advance Health Care Directive & HIPAA Authorizations
Similar to the Durable Power of Attorney, this allows the settlor to appoint a person to make medical decisions on his or her behalf.

• Nominations of Conservator
Nominations of conservator allow the settlor to preemptively decide who should care for the settlor and his or her assets in case of incapacity. In California, appointing a conservator requires a court order. This package will assist the settlor with that and other legal procedures.

• Revocable Living Trust & Related Documents
A revocable trust means the trust and property in the trust can be freely modified by the settlor at any time. It also means that the settlor has free access to the trust and property in it. A revocable trust becomes irrevocable upon the death of the settlor.

- Insurance Fraud

Don’t let fear of the future cause you to be vulnerable to insurance fraud. Insurance is a vital component of any investment plan, but also one that is complicated. Today there are insurance choices for almost any eventuality (health, long-term care, life, property). Annuities are popular investment vehicles, but are not appropriate for all investors. The cost of your premium or buy-in is only a small part of what should be considered when purchasing insurance. An insurance agent or financial advisor may promise you a perfect solution without explaining the financial trade-offs necessary to get it.

• Annuity Abuse Litigation
Deferred Annuities, also known as fixed annuities are long term investments that often do not allow withdrawals for 10-20 years or more and can carry exorbitant fees for early withdrawal. The purchaser of these annuities deposits a premium in exchange for a rate of return that is typically guaranteed for the first year. After that a lower minimum guaranteed rate of return is offered over the term of the annuity. What distinguishes this type of annuity from others is the deferred receipt of money. Additionally, many annuities are written to be purposefully confusing making it easy for financial professionals or agents to gloss over the technical details of the various fees and charges.

• Financial Annuity Fraud
While annuities may seem like a smart investment because of the future income stream they provide, they are not an appropriate investment for all bank customers. A conflict of interest occurs for bank employees and agents who are paid handsome commissions for selling these products. The financial incentive is enticing for these professionals, but may result in annuities being marketed and sold to the wrong customers.

• Long-Term Insurance Scams and Fraud
Unfortunately, the rise in long-term insurance products has in turn given rise to several scams and fraudulent practices related to the sale of long-term insurance products and purported long-term insurance products. Because the majority of people who purchase long-term insurance tend to be seniors, these scams actively target seniors as well. The following is a list of practices to look out for.

- Banking Fraud

Banking fraud can encompass a broad range of deceptive practices and/or banking and financial products. Offering checking accounts, savings accounts and loans are just a small part of the banking business today. Consumers can walk into a bank and purchase a mutual fund, annuity, and even insurance products. Unfortunately, along with these choices comes the opportunity for banking fraud.

• Credit Card Fraud
Certain credit card companies are charging their credit cardholders for additional services without the knowledge or consent of the cardholders. Services may also be declined or canceled once the cardholder is in need of the benefits provided by the services. Other deceptive practices include certain credit card companies failing to obtain the cardholder's written consent and failing to provide required written disclosures prior to charging the cardholder. Once credit cardholders discover the fraudulent charges and call to report it, operators are falsely telling callers that the charges would not have been made without the cardholders consent.

• Securities and Stockbrokers Fraud
Unfortunately, not all financial professionals play by the rules. Senior citizens are often the victims of securities fraud because they believe an investment adviser has their best interests at heart. While many do, there are those who focus more on the fees to be made from the client rather than on suggesting appropriate investments.

- Consumer Fraud

The Evans Law Firm handles cases involving consumer fraud. The general concept of consumer fraud encompasses a broad range of deceptive practices and is generally defined as an unfair, fraudulent or illegal business practice that enriches a company or person at the expense of consumers. Consumer fraud can occur in many different segments of the economy including banking, insurance, consumer products and services, manufacturing and distribution with defective products, and telemarketing.

- Wage and Hourly Claims

Wage and hourly law in California is both complicated and easily abused. As an employee, you have certain rights and entitlements, the violations of which are unlawful. If your employer has violated wage and hourly laws, you may be entitled to compensations and penalties. It is vital to ensure that you are receiving fair and correct payment and benefits from your employer.

• Paying Less Than Minimum Wage
Any hourly rate that is less than minimum wage is a violation of minimum wage law. This includes salaried pay that averages out to less than minimum wage hourly.

• Failure to Pay Overtime
Minimum wage for overtime work in California is $12 per hour and $15.36 per hour in San Francisco. Any work done past 8 hours per day must be treated as overtime, even if the total hours worked per week does not exceed 40 hours. This is an overtime law specific to California. While Federal law does not require that overtime pay apply to work-weeks of fewer than 40 hours, California labor law requires that overtime be determined on a daily and not weekly basis.

• Improper Overtime Calculations
The Fair Labor Standards Act requires that employees must receive minimum wage and be compensated for over time at the rate of at least one and one-half times their regular rates of pay. This means that overtime payment depends on regular time wage. Thus, if an employee receives more than minimum wage for regular time, he or she should expect to receive more than 1.5 times minimum wage for overtime, depending on the regular wage rate.

• Underpaying Tipped Employees
In California, tips may not be treated as wages. Thus, a tipped employee must earn minimum wage before accounting for tips.

• “Under the Table” Payments
Unofficial forms of payment in exchange for employment or services may be constitute wage and hour violations, especially if these payments are less than minimum wage.

• “Off the Clock” Work
Like “under the table” payments, an employer may ask you to work or provide services while not technically “on the clock.” For example, after working 8 hours a day, you might be asked to perform an additional task that takes half an hour. If your employer then pays you for 8 hours of work instead of 8.5, this would be an “off the clock” violation.

• Incorrect Exemptions
The United States Department of Labor has release a list of employees exempt from minimum wage laws and overtime laws. This list is very specific and narrowly defined. If your area of employment is not on the list, then you should not be labeled as “exempt” from minimum wage rules.

• Compensable Time Violations
Compensable time is time that employees may charge for being on the job. Under the Fair Labor Standards Act, both “waiting time” and “on-call time” must be compensated under certain circumstances. If an employee is engaged to wait, this constitutes compensable waiting time. Similarly, if an employee is required to remain on call on the employer’s premises, he or she is eligible for compensable on-call time.

• Improper Wage Deductions or “Chargebacks”
According to the California Labor Code Labor § 221, it is “unlawful for any employer to collect or receive from an employee any part of wages theretofore paid by said employer to said employee.” Thus, any type of “chargeback” or deduction from a previously paid wage is illegal and a violation of California labor law.

- Civil Harassment Restraining Orders

A restraining order is a court order that requires someone not to contact you or stay away from you, your home (unless you are roommates), and your work. You can ask the court for a civil harassment restraining order if you are concerned about your safety for any number of reasons by someone with whom you do not have an intimate or familial relationship.