San Diego Elder Abuse Lawyer - Elder Abuse Attorney San Diego Can Count On

Elder abuse and neglect represent a hidden epidemic affecting millions of seniors in California and the rest of the country. About 10% of older adults experience some form of abuse every year, but just one in 14 elder abuse cases is reported.

Older adults who should be enjoying their golden years may be abused by relatives or care providers who fail to give them the assistance they need or exploit them. Many seniors in long-term care facilities are at an increased risk of neglect or abuse. Vulnerable elderly residents may be unable to even report mistreatment.

California was one of the first states to pass comprehensive protection for dependent adults and elder abuse victims with enhanced penalties and avenues to recover compensation. If you or an elderly loved one has suffered serious injuries due to abuse or negligence, a San Diego elder abuse lawyer can help.

Berman & Riedel, LLP is an elder abuse law firm in San Diego with the best San Diego elder abuse lawyer for your needs. We have one of the state’s most successful track records for handling elder abuse cases involving the California Elder Abuse Act. Contact our law office today to schedule a free consultation to discuss how we can help you seek justice and the compensation you need to preserve your loved one’s quality of life. We are the elder abuse attorney San Diego can trust.

Why Choose Berman & Riedel, LLP for Elder Abuse Cases in San Diego?

Federal and California laws give victims of elder abuse many avenues to recover compensation. However, proving an elder abuse case under California's Elder Abuse Act is extremely challenging for the average personal injury attorney.

It's crucial to retain a San Diego elder abuse lawyer with extensive knowledge of elder abuse and neglect laws and experience litigating these cases. At Berman & Riedel, LLP, our San Diego elder abuse attorneys meet both of these criteria. Our knowledgeable and experienced team of legal professionals works tirelessly to build elder abuse/neglect cases by:

• Providing legal advice and guidance to elders and their family members
• Conducting an independent investigation into the circumstances of an elder's injuries
• Hiring medical experts to determine how a client's injuries happened and how a facility or care provider failed in their obligations
• Gathering evidence to prove negligence or intentional abuse
• Investigating past complaints against a facility or caregiver
• Identifying all parties who can be held accountable
• Pursuing a claim against the facility, caregiver, employer, health care providers, and other liable parties
• Negotiating a fair settlement agreement for an abused adult
• Taking the case to court if necessary to pursue maximum compensation

At Berman & Riedel, LLP, we pride ourselves on being diligent advocates for elderly victims and their families. If you or a loved one has suffered harm through abuse or negligence, contact our San Diego elder abuse lawyer today to schedule a free consultation and discuss your legal rights and options.

What Is Elder Abuse in San Diego and California?

Under California law, elder abuse refers to physical, psychological, emotional, or financial harm to a victim aged 65 or older. It also includes abandonment and neglect. Below are six types of elder abuse and neglect.

Physical Abuse

Elder physical abuse accounts for 16% of abuse in the community and 65% of abuse in nursing homes. It can include striking, shoving, punching, burning, unnecessary physical restraint, and other forms of physical harm.

Sexual Abuse

Elder sexual abuse is, sadly, an underreported form of abuse, and it's believed to be rampant in nursing homes and long-term care facilities. Sexual abuse of seniors can involve sexual harassment, unwanted touching, forced nudity, molestation, and rape or sexual assault.

In facilities, most sexual abuse involves resident-on-resident assault. However, about 25% of reported cases involved staff members such as CNAs.

Emotional Abuse

Emotional or psychological abuse that causes mental suffering or anguish is considered a form of elderly abuse under California law. This psychological abuse includes insulting, threatening, harassing, bullying, or coercing an older adult. This emotional mistreatment can also involve isolating a senior from family members, friends, and activities.

Financial Abuse

Financial elder abuse is a common problem both in the community and long-term care facilities. Financial abuse and financial exploitation are both serious but slightly different crimes:

• Fraud may involve a scam or fraudulent actions that steal a senior’s identity, credit, or money or convince them to give up their assets
• Financial exploitation refers to taking advantage of a position of care or trust to steal an elderly person’s property, misuse assets, or withhold money

Exploitation and financial elder abuse are estimated to cost seniors $2.9 billion each year.

Abandonment

Abandonment of an elderly person is a form of abuse. It happens when someone who is responsible for caring for the adult deserts, abandons, or willfully forsakes them. It may involve leaving a dependent adult with family who did not agree to act as a caregiver, leaving a senior alone in their house, or leaving them at a hospital or care facility without a formal agreement to provide care.

Neglect

Neglect occurs when the services or goods an elderly person needs to avoid mental anguish, physical harm, injury, or death are not provided or withheld. This may involve failure to provide:

• Medical care
• Shelter
• Assistance with personal hygiene
• Clean clothing and bedding
• Safety
• Social interaction
• Adequate water and food

Signs of Elder Abuse: What Families Should Watch For

Recognizing the signs of elder abuse is one of the most important ways families can protect an aging loved one. Abuse can be physical, emotional, financial, or the result of neglect, and the warning signs are not always obvious. Learning how to spot elder abuse early can help prevent further harm and ensure your loved one receives the care and protection they deserve. If you suspect abuse, speaking with a San Diego elder abuse attorney can help you understand your legal options.

Physical Signs

Physical abuse often leaves visible injuries, although some victims may try to hide them out of fear or embarrassment. Watch for:

• Unexplained bruises, cuts, burns, or fractures
• Bedsores or pressure ulcers that suggest inadequate care
• Marks on the wrists or ankles that may indicate improper restraints
• Frequent emergency room visits with inconsistent explanations
• Delays in seeking medical treatment for obvious injuries

Behavioral Signs

What does elder abuse look like emotionally? Common behavioral warning signs include:

• Withdrawal from family, friends, or activities they once enjoyed
• Depression, anxiety, or sudden mood changes
• Fearfulness around a particular caregiver
• Agitation or unusual nervousness during conversations
• Increased isolation or reluctance to speak openly

Financial Elder Abuse Signs

Financial exploitation is one of the most common forms of elder abuse and can happen gradually over time. Families should pay attention to:

• Unexplained transactions or large bank withdrawals
• Missing belongings or valuable possessions
• Unexpected financial changes or unpaid bills despite available funds
• Sudden changes to wills, trusts, or beneficiary designations
• New caregivers, acquaintances, or "friends" gaining unusual control over finances

Neglect Signs

Neglect occurs when a caregiver fails to provide basic necessities or appropriate medical care. Signs may include:

• Poor hygiene or dirty clothing
• Malnutrition or unexplained weight loss
• Dehydration
• Untreated medical conditions or missed medications
• A noticeable decline in overall health

Environmental Signs

The condition of an older adult's home or living space can also reveal neglect or abuse. Watch for:

• Unsanitary living conditions
• Dirty bedding or clothing left unchanged for extended periods
• Missing mobility aids, hearing aids, glasses, or other assistive devices
• Unsafe hazards that increase the risk of falls or injury
• Lack of adequate food, heat, or other essential resources

If you notice any of these signs of elder abuse, do not ignore them. An elder abuse attorney San Diego can count on can investigate your concerns, help protect your loved one, and pursue legal action against those responsible when appropriate.

Consequences of Abuse and Neglect for Elderly Victims

Older adults aren’t just at an increased risk for abuse and neglect; the impact on vulnerable seniors is also heightened. Abused elders may face many adverse effects of poor treatment, including:

• Serious physical injuries
• Long-term psychological harm
• Depression
• Worsening of pre-existing health problems
• Premature death
• Cognitive decline
• Loss of independence and placement in a nursing home
• Financial devastation, including the loss of a home and the ability to pay for care

For most older adults, the consequences of abusive or neglectful treatment are particularly serious. Many are unable to recover their health or quality of life.

Legal Rights of Elderly Victims in California

In 1983, California passed the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), also known as the California Elder Care Act. This powerful statute recognizes that dependent and elderly adults are vulnerable to mistreatment, with increased protection and enhanced penalties for neglect and abuse.

The EADACPA covers:

• Definitions of abuse and neglect covered by the statute
• Mandatory reporting requirements
• Enhanced remedies for victims, including punitive damages and attorneys’ fees

The EADACPA defines elderly individuals based on age: adults 60 and older are covered by the Elder Abuse Act. Dependent adults are 18 to 59 with a physical or mental limitation restricting their ability to perform normal activities or protect their own rights. If you want to pursue justice, then get in touch with a San Diego elder abuse attorney today.

Is Elder Abuse a Crime in California?

California has enhanced penalties for people who commit abuse or neglect of an elderly person. California Penal Code 368 PC makes physical abuse or neglect of an elder or dependent adult a crime. Someone is considered to have committed this offense if:

• The victim was 65 years old or older,
• The defendant knew or should have known the victim was at least 65,
• The defendant willfully caused unjustified pain or mental suffering or allowed someone else to do so, and
• These actions were committed in circumstances that could have endangered the elder’s life or health.

In California, elder abuse can be charged as a misdemeanor punishable by up to one year in jail or a felony punishable by up to 4 years in prison.

Ready to seek justice? Our team is recognized as leaders in elder abuse litigation. Contact a San Diego elder abuse lawyer at Berman & Riedel today!

Seeking Compensation for Victims of Elderly Abuse & Neglect

A victim of elder abuse or neglect has the right to pursue compensation from the perpetrator and/or the facility or employer. The money recovered from a civil action can be used to ensure the victim receives the medical care they need and preserve their quality of life.

Compensation available may include:

• Past and future medical bills
• Related out-of-pocket financial costs
• Pain and suffering
• Emotional distress
• Mental anguish
• Reduced quality of life 

The California Elder Abuse Act not only prohibits neglect and abuse; it also allows victims to recover past and future medical expenses, pain and suffering damages, and attorney’s fees. Dependent or elderly individuals injured in violation of the statute can also be awarded enhanced damages against the facility, caregiver, or health care provider.

Under EADACPA, a plaintiff can recover the following with clear, convincing evidence that the defendant engaged in neglect or abuse and their behavior was reckless, oppressive, malicious, or fraudulent:

• Attorneys’ fees and legal costs
• Pain and suffering damages in an action brought by a deceased victim’s personal representative 

In elder abuse cases involving fraud, malice, or oppression, victims may be entitled to punitive damages as well.

In cases of financial abuse, victims can be awarded treble (or triple) damages when the abuse involved deceptive or unfair practices or unfair competition under California Civil Code § 3345.

At Berman & Riedel, LLP, we will tirelessly pursue the fair compensation your loved one deserves for the harm they have suffered. Our San Diego elder abuse lawyer will negotiate for a fair settlement offer, but we are not afraid to litigate your case in court to hold the responsible parties accountable.

Reporting Elder Abuse in San Diego

Here's a quick guide on how to report elder abuse in San Diego.

Learn more with our in-depth guide covering how to report elder abuse in California and what to expect.

Elder Abuse Legal Help in San Diego: Our Successful Cases

Berman & Riedel, LLP is an elder abuse and elder neglect law firm that has handled more cases involving California’s Elder Abuse Act than most California attorneys who litigate cases involving abuse and neglect. As a prominent figure in advocating for the most vulnerable citizens, we have earned a reputation as one of the largest and most successful elder abuse law firms in California and will provide you with an elder abuse attorney San Diego can trust.

In just his second year of practice, attorney William M. Berman, founding and managing partner, obtained a $2.2 million settlement on behalf of a client. It was one of the largest settlements against a residential care facility for the elderly in California's history.

Below are other dependent adult or elder abuse settlements and case results our California elder abuse law firm has achieved. View our elder abuse and neglect case results page to see additional firm results.

• $5 million – Neglect of a dependent adult with bipolar disorder who suffered severe brain damage after overdosing on prescription medication recklessly made available.
• $4.25 million – Elder neglect that caused serious bodily injury to a client was purposefully ignored by staff who knew of her need for care due to claims of understaffing and the disinterest of senior management
• $2.2 million – A Southern California residential care facility failed to provide care, which led to the wrongful death of an elderly resident
• $1.956 million – Failure to monitor and care for an elderly patient after surgery led to pressure ulcers, leg amputation, and death
• $1.6 million – A geriatric hospital failed to provide proper care and overmedicated a patient, causing respiratory and cardiac arrest and long-term consequences
• $1.2 million – An elderly client in a residential care facility died after several falls, known to staff members who knowingly left the seriously injured client unattended
• $1 million – Unlicensed home care nurses withheld care, slept on the job, and committed lewd acts in front of the elderly client
• $1 million – A rehabilitation facility failed to provide medical and custodial care to a client who suffered serious injury
• $953,000 – An injured elderly person’s caregivers failed to seek medical care for a hip fracture
• $950,000 – A dependent adult was subjected to repeated abuse and neglect that led to death
• $675,000 – Severe neglect of a quadriplegic patient in a skilled nursing facility led to a dangerous pressure sore that required hospitalization and surgery
• $600,000 – A post-operative and rehabilitative therapy facility failed to provide proper care, which caused a fatal blood clot

What to Do If You Suspect Elder Abuse: A Step-by-Step Action Plan

If you believe an older adult is being abused, taking prompt action can protect their health, finances, and legal rights. Because elder abuse can take many forms, from physical violence to financial exploitation and neglect, it is important to respond carefully while preserving evidence. An experienced elder abuse attorney San Diego can count on can help you navigate the complex legal system and determine the best course of action.

1. Ensure Their Immediate Safety

If your loved one is in immediate danger, call 911 right away. Elder abuse is a serious offense, and emergency responders can remove someone from an unsafe situation while addressing urgent medical needs.

2. Document Everything You've Observed

Keep detailed records of anything that seems unusual. Spend time gathering as much information as possible, including:

• Photographs of injuries or unsafe living conditions
• Written notes with dates, times, and descriptions
• Names of potential witnesses
• Copies of emails, text messages, or other communications

Strong documentation can help begin investigating what happened and support any future legal claim.

3. Seek a Medical Evaluation

If your loved one has visible injuries or appears neglected, arrange a medical evaluation as soon as possible. Medical records can document physical injuries, signs of neglect, and emotional harm, while ensuring they receive appropriate treatment.

4. Report the Abuse

Suspected elder abuse should be reported to California Adult Protective Services or local law enforcement. Reporting creates an official record and allows the appropriate agencies to investigate allegations that may otherwise go unnoticed.

5. Preserve Important Financial and Legal Documents

If financial exploitation is suspected, gather and protect documents before they are lost or altered. This may include:

• Bank and credit card statements
• Investment account records
• Estate planning documents
• Property records
• Power of attorney paperwork

These records can be especially important if a financial elder abuse attorney needs to trace unauthorized transactions or identify fraudulent activity.

6. Consult an Attorney Before Confronting the Suspected Abuser

While it may be tempting to confront the person you believe is responsible, doing so can sometimes place the older adult at greater risk or lead to evidence being destroyed. Instead, speak with an elder abuse lawyer in San Diego or an elder abuse attorney California can trust before taking that step. Early legal representation can help protect your loved one's rights while your attorney works to investigate the situation.

7. Consider an Elder Abuse Restraining Order

In some situations, a California court may issue an Elder Abuse Restraining Order (EARO) to help protect an older adult from further abuse, harassment, or threats. Depending on the circumstances, an attorney can explain whether this option is appropriate and help prepare the necessary filings under applicable California law.

If you believe a loved one has suffered abuse because of neglect, exploitation, or poorly managed care, don't wait to seek help. Most firms that handle these cases work on a contingency fee basis, meaning you generally do not pay attorney fees unless compensation is recovered. An experienced elder abuse attorney San Diego can count on can evaluate your case, explain your options, and help protect your family every step of the way.

Schedule a Free Consultation With Our San Diego Elder Abuse Attorneys

Do you suspect an elderly loved one has suffered abuse or neglect? Whether the perpetrator is a hired caregiver, family, care facility, or health care provider, a San Diego nursing home abuse lawyer can help you. Whether you're looking for a financial abuse lawyer in San Diego, an emotional abuse attorney in San Diego, or even a lawyer that specializes in the physical abuse of seniors in San Diego, our team is here for you. We will match you with the best San Diego elder abuse lawyer for your needs.

Berman & Riedel, LLP specializes in cases of elder abuse throughout California. Our law firm will help you seek justice and hold the responsible parties accountable.

Contact our office today for a free consultation with a San Diego elder abuse lawyer. We will help you understand your legal options and fight to make sure the responsible party does not harm another vulnerable person.

Our San Diego Elder Abuse Law Firm Accepts Cases Throughout California

Berman & Riedel, LLP has a San Diego law office, but we accept elder abuse and neglect cases throughout California. Below are areas where we have handled an elder abuse case.

Counties
Alameda County | Los Angeles County | Monterey County | Orange County | Riverside County | Sacramento County | San Bernardino County | San Diego County | Santa Barbara County | Santa Clara County

Cities
Bakersfield | Carlsbad | Chula Vista | Escondido | Glendale | Irvine | Long Beach | Oakland | Oceanside | Oxnard | Pasadena | Poway | Santa Ana | Santa Rosa | Stockton

San Diego Elder Abuse and Neglect FAQs

Who Commits Elder Abuse?

Elder abuse can occur in a senior’s home, assisted living facility, or nursing home. Perpetrators may include family members, in-home caregivers, facility staff, or even other residents. If you suspect mistreatment, speaking with a San Diego elder abuse lawyer can help you understand your legal options and protect a vulnerable loved one.

What Are the Signs of Senior Abuse?

Common warning signs of elder abuse include unexplained bruises, sudden weight loss, bedsores, infections, poor hygiene, and changes in behavior such as fear or withdrawal. Seniors may also appear anxious around certain caregivers. A San Diego elder abuse lawyer can help families investigate suspicious injuries or neglect in nursing homes or care facilities.

How Do I Report Elder Abuse in California?

Elder abuse in California can be reported to Adult Protective Services, local law enforcement, or the Long-Term Care Ombudsman. Reporting suspected abuse helps protect vulnerable seniors from further harm. Families may also consult a San Diego elder abuse lawyer to understand how to file a claim and pursue compensation for abuse or neglect.

Is Assisted Living Facility or Nursing Home Neglect Considered Elder Abuse?

Yes. Neglect or abuse in assisted living facilities and nursing homes is considered elder abuse under California law. Facilities may be held responsible if poor care, understaffing, or negligent supervision harms residents. A San Diego elder abuse lawyer can help families investigate negligence and hold responsible parties accountable.

Get in Touch With a San Diego Elder Abuse Lawyer Today

If you have noticed warning signs of abuse or neglect involving an elderly loved one, it is important to act quickly. A San Diego elder abuse lawyer at Berman & Riedel can review physical evidence, explain your rights, and help determine the best path forward to protect seniors and represent victims.

Our experienced team provides compassionate legal services designed to hold negligent individuals and care facilities accountable. Contact us today for a free case evaluation and schedule your initial consultation to discuss your concerns and next steps.

Call (858) 350-8855 to speak with a San Diego elder abuse lawyer at Berman & Riedel today.