California Personal Injury to the Elderly


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The personal injury to the elderly is often more severe than to any other type of person when suffering from the physical harm. The forms of elderly abuse and injury usually found in the assisted facility home or nursing homes, but an older person may face a personal injury in product usage, unintentional harm from others and when driving.

Damage to the body of an older person is often devastating even if it is a simple broken bone. With age deteriorating the different systems inside and outside the body, an elderly individual faces a worse fate when suffering from a personal injury. Often, these are due to neglect or abuse. An older person may also face similar problems within a nursing or assisted living home or when living with family members that do not care for the individual. It is crucial for the older person to seek legal counsel when suffering from symptoms of neglect, personal injury to the body from others and when abused.

The Growing Problem in California

While abuse of the elderly occurs around the entire country, it is a growing issue within the state of California with a higher population. The citizens that will live in the state over the age of 50 may more than double within twenty years from 2015. This could lead to 43 percent of all those living in the state at no younger than 65. Many of these citizens of the state will reside in nursing homes at some point. It is even more important to ensure these facilities are secure and safe for loved ones over the age of 50. When an assisted living home is the only option left, the parent, grandparent or friend should have a place that improves the quality of life.

The Nursing Home Problem

The elderly housed in a nursing home may face more abuse and neglect than any others their age. Sometimes, these incidents lead to personal injury claims against the nursing homes. The evidence is usually plain to see, and a medical professional may explain the bruising, bedsores and broken bones as injuries sustained while living at the nursing home. Without proper care, many of the elderly die from neglect or intentional harm. Suing the facility for these dangers is important for the older individual to recover from injury and pain. Hospitalization is sometimes necessary, and therapy may occur to strengthen bones, muscles and joints.

Assisted Living for the Elderly

Neglect is rife in many different facilities and homes that the elderly live in. An apartment or unit supplied by another facility with nursing staff and other help may also lack any care for these individuals. While some singled out may face more risk to health than others, certain facilities are not as careful in selecting staff members as others. Abuse or intentional harm is also possible through an assisted living facility. Neglect in these locations could lead to starvation, broken bones and dehydration. Taking the person for an evaluation is important to determine the level of injury or neglect.

The Elder Abuse and Dependent Adult Care Civil Protection Act

Through the Act, all elderly residents have protections against physical abuse and neglect. Within California, elder individuals of age 65 and older or someone between sixteen and 64 with physical or mental deficiencies is safe from harm. This includes when in an assisted living facility, nursing home or living with friends or family. This group has rights subject to violations when abuse, neglect or abandonment occurs. The State of California must engage in its duty to regulate incidents that affect the older generation. Complaints of these problems may lead to an inquiry and charges.

The act has three primary purposes. Any healthcare practitioner must report any known cases of abuse. Collection of details about abuse victims and the circumstances of the abuse assist the state and agencies within to establish assistance service to support and help these victims. Protection created through the act supports those suspected of suffering through abuse. While the state protects the individual older citizen, the courts may provide a means to recover through compensation in a civil case.

Legal Services for the Elderly in California

A lawyer usually becomes a necessity when an older person requires a professional to launch a lawsuit against a person or facility. However, the family usually becomes involved and may hire the lawyer for the elderly individual. The legal representative will pursue legal action and attempt to acquire as much compensation as possible.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

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