The short answer
Elder abuse victims in California can recover compensation for physical, emotional, or financial abuse under the Elder Abuse and Dependent Adult Civil Protection Act. You generally have two years to file (CCP § 335.1). Report abuse to authorities and consult a lawyer immediately.
Elder abuse can happen anywhere an older adult depends on someone else: in a nursing home, an assisted living community, a board-and-care home, a hospital, or their own living room with a paid caregiver or relative. It can be physical, emotional, or sexual. It can take the form of neglect, where basic needs like food, water, hygiene, and medical care are ignored. It can also be financial, with savings drained, property transferred, or documents signed under pressure. Often, the person being harmed is afraid, confused, or unable to report it.
California's Elder Abuse and Dependent Adult Civil Protection Act was written to address a hard truth: abuse of seniors was going unaddressed because traditional lawsuits were too difficult to bring. The Act provides civil remedies for adults 65 and older and for dependent adults, and in serious cases it allows recovery of attorney's fees and relaxes certain damage limits. Those remedies change how defendants and their insurers view a case.
Our founding attorneys used to work on the insurance side, as defense lawyers and in-house at a major insurer. We understand how facilities, care agencies, and their carriers try to keep elder abuse claims framed as ordinary negligence, where remedies are narrower. We also know what evidence tends to show recklessness, oppression, or malice, and we focus our investigation there from the start.
If you believe an older family member in Los Angeles is being abused, neglected, or exploited, we can help you understand your options and take action. You do not need proof before you call. We will listen to your concerns, explain what evidence may matter, and help you think through reporting, safety, and next steps. Consultations are free, and you pay no attorney's fee unless we recover compensation for you.
From the other side of the table
How the insurer's adjuster sees your claim
Negligence versus elder abuse
The single most important fight in many cases is whether the conduct was ordinary negligence or reckless neglect or abuse. Insurers know that an elder abuse finding can bring attorney's fees and expanded damages. We gather evidence showing conscious disregard, such as repeated ignored warnings or known understaffing.
The higher burden of proof
Enhanced remedies require clear and convincing evidence. Defense teams count on families not having enough documentation to meet that standard. Early, thorough investigation, including records, witnesses, and regulatory history, gives the claim a stronger footing.
Corporate authorization
To recover certain enhanced damages against a company, the law may require showing that an officer, director, or managing agent authorized or ratified the conduct. Insurers know this is difficult to prove, so we look at policies, staffing decisions, and management knowledge from the outset.
Credibility attacks on the victim
When an older person has memory problems, insurers may argue their account is unreliable. We build cases around documents, physical evidence, financial records, and independent witnesses so the claim does not rest on one person's memory.
Why it happens
Common causes
Neglect in long-term care
Failing to provide food, water, hygiene, repositioning, supervision, or medical care is one of the most common forms of elder abuse in facilities.
Physical and sexual abuse
Hitting, pushing, rough handling, improper restraint, and sexual assault by caregivers, staff, or other residents.
Emotional and psychological abuse
Threats, intimidation, humiliation, and isolation from family and friends can cause serious mental suffering.
Financial exploitation
Taking, hiding, or misusing an elder's money or property, including through undue influence, forged documents, or misuse of a power of attorney.
Abuse by in-home caregivers
Caregivers hired directly or through agencies may neglect, abuse, or exploit the people they are paid to help, and agencies may be responsible for poor hiring or supervision.
Abandonment and isolation
Deserting an elder who depends on care, or deliberately cutting them off from visitors, calls, and mail, is recognized as abuse under California law.
What we see
Injuries we handle
What you may recover
Compensation in a California claim
Medical and care expenses
Treatment for injuries caused by abuse or neglect, including hospitalization, therapy, and the cost of moving to a safer care setting.
Pain, suffering, and emotional distress
Compensation for the physical pain, fear, humiliation, and mental suffering the elder endured.
Recovery of money or property
In financial abuse cases, recovery of the money or property taken, and in some cases additional remedies provided by California law.
Attorney's fees and enhanced remedies
When recklessness, oppression, fraud, or malice is proven by clear and convincing evidence, the court may award attorney's fees and costs, and certain limits on damages recoverable by the elder's estate are relaxed.
Punitive and wrongful death damages
Punitive damages may be available where malice, oppression, or fraud is proven. If abuse or neglect causes death, surviving family members may pursue wrongful death claims.
The rules that apply
California law you should know
The Elder Abuse and Dependent Adult Civil Protection Act
California's Act protects elders and dependent adults and defines abuse to include physical abuse, neglect, financial abuse, abandonment, isolation, abduction, and other treatment resulting in physical harm, pain, or mental suffering.
Cal. Welf. & Inst. Code §§ 15600 et seq., 15610.07
Enhanced remedies
When a plaintiff proves by clear and convincing evidence that the defendant is liable for physical abuse or neglect and acted with recklessness, oppression, fraud, or malice, the court may award reasonable attorney's fees and costs, and certain survival damage limits are relaxed.
Cal. Welf. & Inst. Code § 15657
Punitive damages
Punitive damages may be awarded when malice, oppression, or fraud is proven by clear and convincing evidence. Additional requirements apply when seeking punitive damages from a company based on an employee's conduct.
Cal. Civ. Code § 3294
Two-year deadline for many claims
Many abuse and injury claims must be filed within two years, though some claims have different deadlines depending on the defendant and the type of harm.
Cal. Code Civ. Proc. § 335.1
General information, not legal advice. Deadlines and rules depend on the facts of your case, so talk to an attorney promptly.
Right now
Protect your claim
Evidence to gather
- Photos of injuries, living conditions, and the elder's appearance over time
- Bank, credit card, and investment statements showing unusual activity
- Copies of any wills, deeds, trusts, or powers of attorney recently changed
- Medical records and hospital discharge summaries
- Names of caregivers, staff, and agencies involved in care
- Texts, emails, or voicemails from caregivers or suspected abusers
- Reports made to Adult Protective Services, the ombudsman, or police
- A written timeline of changes in health, mood, or finances
Mistakes insurers count on
- Confronting a suspected abuser before the elder is safe and evidence is preserved
- Waiting for certainty before reporting suspected abuse to authorities
- Allowing a suspected abuser continued access to accounts or documents
- Assuming that a family relationship means financial transfers were legitimate
- Treating serious neglect as a customer-service complaint instead of seeking legal advice
Step by step
How we handle your case
- 1
Safety first
We help you think through immediate protective steps, including reporting to Adult Protective Services, the Long-Term Care Ombudsman, or law enforcement, and arranging medical evaluation.
- 2
Gather the evidence
We collect medical, facility, and financial records, and identify witnesses such as other family members, visitors, and former staff.
- 3
Evaluate the right claims
We assess whether the facts support claims under the Elder Abuse Act, negligence, residents' rights laws, financial abuse, or wrongful death.
- 4
Identify every responsible party
We look beyond the individual abuser to facilities, care agencies, management companies, and others whose decisions allowed the harm.
- 5
Pursue accountability
We present the claim to the responsible parties and their insurers and are prepared to litigate when a fair resolution is not reached.
Straight answers
Frequently asked questions
The Act protects elders, generally defined as California residents 65 or older, and dependent adults, meaning adults between 18 and 64 whose physical or mental limitations restrict their ability to carry out normal activities or protect their rights. It also covers dependent adults admitted to certain inpatient health facilities. The protections apply in facilities, in hospitals, and in private homes.
Nursing Home & Elder Abuse