What to Do if You are a Victim of Elder Abuse

Our San Diego elder abuse attorneys know well the hardships that are associated with being an elder abuse victim. Victims of elder abuse and nursing home abuse and neglect are often vulnerable and do not feel empowered to confront their abusers. However, victims must understand that they do not need to tolerate such abuse and neglect, and they should be afforded every opportunity to take steps to protect themselves and live their lives with dignity. We hope that the following information provided by our elder negligence lawyers will be of help to you or someone you love who has been an unfortunate victim of elder abuse.

What can you do if you believe you are a victim of elder abuse or elder neglect?

First, make yourself familiar with the signs of abuse and neglect. Abuse is not only physical (cuts, bruises, fractures and broken bones), but can also be behavioral and emotional (you feel saddened or depressed due to verbal abuse, you are scared to be alone with a caretaker because of their anger towards you or other residents or patients).

Next, try to talk to another staff member or administrator at the facility. Chances are good that if you are being treated poorly, so are other patients or residents at the facility. A properly staffed Skilled Nursing Facility, Residential Care Facility for the Elderly or nursing home will take the time to hear your concerns, investigate them, and come to a resolution that respects your rights.

If efforts to resolve your concerns about elder abuse and neglect, or nursing home abuse and neglect are unsuccessful, our California elder neglect lawyers recommend calling your local Long-Term Care Ombudsman's Office for assistance. For information regarding the Long-Term Care Ombudsman's office closest to you, you can call (800) 231-4024 or view a comprehensive list at www.aging.ca.gov/programs/ombudsman_contacts.asp.

It may even become necessary to file a formal complaint with the proper authorities. Our San Diego elder negligence attorneys have provided detailed instructions on how to file a formal complaint to report elder abuse. If you are ever in immediate danger of harm, please call 911.

Reporting elder abuse is critical if you or someone you know has suffered at the hands of an elderly care facility.

How our San Diego elder neglect attorneys can help

If you have been hurt, injured, or suffered unnecessarily as a result of elder abuse, you may be entitled to compensation under the law. Our California elder abuse lawyers have handled numerous nursing home abuse cases with outstanding results for our clients. In addition to assisting you with filing a formal complaint, we will also take your claim to trial to seek awards for damages should you have a legitimate case. Contact a San Diego elder abuse attorney at our firm today with the details of your situation.


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Elder Neglect by Healthcare Corporation
Jean’s mother was a victim of neglect while at a skilled nursing facility, resulting in surgery that she did not survive. Berman was there to listen and provide support that the client needed.
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Michele’s mother suffered a wrongful death at a California nursing home. William M. Berman and the attorneys at Berman & Riedel, LLP helped litigate the case with successful results.
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Ira’s wife suffered a traumatic brain injury due to negligence at a skilled nursing facility, and our team of attorneys worked hard to ensure that Ira’s wife and his family received the compensation that they rightfully deserved.
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Frequently Asked Questions

Below are answers to common questions people have about personal injury cases and working with a lawyer. During your initial consultation, we will be happy to answer questions that are particular to your case.

How Much Does It Cost to Hire a Personal Injury Attorney?

The attorneys at Berman & Riedel, LLP, accept cases on a contingency-fee basis. This type of agreement means you do not pay any attorneys’ fees out-of-pocket for legal representation. Attorneys’ fees are also contingent on the outcome of your case.

You benefit from legal representation in exchange for an agreed-upon percentage of a settlement or jury award. We will only recover a fee if you recover compensation.

Can You Tell Me How Much My Case Is Worth?

There is no way to determine the exact value of a personal injury case, especially early in your case. However, an experienced attorney can give you an estimated range based on their experience with similar cases.

There are many factors that may influence the value of your case, such as:

  • Your total financial or economic damages
  • The severity of your injuries
  • The impact of your injuries on your daily life
  • The strength of your case
  • Whether you share fault for your accident
  • Insurance policy limits 

Some damages are easy to calculate, such as lost wages and medical bills. Calculating the value of diminished earnings for the rest of your life or future medical needs; however, may require the help of experts. Non-economic damages like pain and suffering have no intrinsic financial value. These damages are challenging to calculate. 

If your case goes before a jury, you may potentially be able to recover more than you could through a settlement. However, this introduces a new element of risk: the jury. The circumstances of your accident and even how sympathetic you or the defendant are can influence the outcome.

During your consultation, and throughout your case, we will help you understand how these factors influence your case. We will also work tirelessly to document the value of all your damages and pursue maximum compensation on your behalf.

Will My Case Go to Trial?

The vast majority of cases are resolved by reaching a settlement agreement outside of court. Very few personal injury cases actually go to trial, but it is more likely if the facts in your case are in dispute, a legal issue is being contested, or you have a high-value case.

An experienced lawyer will build your case as if it will go to trial from the beginning. The stronger your case and evidence, the more likely a fair settlement will be reached.

How Do I Know If I Need a Personal Injury Lawyer?

If your case involves mostly property damage or minor injuries, you likely do not need a lawyer to handle a claim with the insurance company. The more serious your injuries, or the more complex your case, the more important it becomes to seek experienced legal counsel.

Remember that the insurance company is not on your side, even if the insurance adjuster seems sympathetic and you receive a settlement offer. If you are being blamed for your accident or sustained serious injury, a lawyer will help you protect your rights and build the strongest case possible. This includes calculating the full value of your current and future losses.

Legal representation is also vital if your case involves a complex area of law such as elder abuse or neglect, premises liability, commercial vehicle accidents, medical malpractice, or serious work-related accidents. Determining liability, navigating decades of legal precedence, and interpreting specific statutes in these cases is best done with years of relevant legal experience.

Do You Accept Cases Outside of San Diego?

While our law office is located in San Diego, Berman & Riedel, LLP, accepts cases throughout the state of California.


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