What to expect in Court when Filing a Lawsuit for Elder Abuse

Have you been wondering about what to expect when filing a lawsuit involving an abused elder citizen? There is a high increase in lawsuit actions concerning elder abuse claims across different states. Unfortunately, some cases even end up without being reported; hence, the elderly continue being abused. A high number of the cases that are filed are usually against licensed firms such as nursing homes, residential homes, and assisted living situations for the elderly.

Notably, it should be reported immediately when it is suspected that any older individual is suffering abuse from a nursing home, care facility or any individual that takes care of them. What does the California Law explain regarding filing a lawsuit for elder abuse?

According to California Law, filing a complaint with the California Health Department is advisable. This is made possible by getting an Elder abuse lawyer  who will help by opening an investigation and a trial to solve the elder abuse case. Seeking help from the authorities prevents one from many dangers that could continue to occur and also controls any Elder abuse claim that could have occurred.

What to expect when filing a lawsuit for Elder abuse.

After filing the lawsuit for elder abuse, several actions are taken, and they all have a procedure. Below is a general outline of what is expected in court when a lawsuit for elder abuse is filed.

• Complaint Filing

Filing a complaint is a legal act presented in a legal document. The document comprises all the complaints or claims the complainant has against the accused. It also has specific details on what the complainant expects or what will be done to relieve them. Therefore, once the filing is done, before going to the next step, the lawyers investigate who the other defendants might be and if any of them might have been left out. Generally, a well-filed complaint should declare the facts resulting from the actions in understandable language. 

Furthermore, a well-filed complaint should also demand a fair ruling for the liberation to which the complainant claims should be entitled. Sometimes, the complainant is usually on the hunt for monetary compensation. If so, the complainant must specify the amount they expect to be compensated.

• Defendant’s Response

Once the complaint is filed, and the accuser initiates a lawsuit, the accused can file a response to the complaint. During the answering, the attorney from the accused facility or individual addresses each claim the complainant presents. Typically, they deny the allegations and then raise counterclaims and defenses.

It’s advisable to consult with an experienced attorney to help you prepare your defense. The lawyer will guide you on the relevant law, and may be able to provide you with expert witnesses who can testify on your behalf.

• Discovery

After the complainant and the accused have presented both sides’ arguments, the lawyers start investigating the filed elder abuse case immediately after the law permits them. This is referred to as the litigation discovery phase. During this stage, both sides, the complainant and the defendant, are asked to provide facts and information about the filed case, whether verbally or in written form.  

• Motions

In the process of discovery, just before the trial, both parties are given a chance to request the court make verdicts on factual matters. For instance, each side can file a motion and request that the motion is extended or the proceedings are delayed. They are also allowed to file for a judgment by the court without a trial being proceeded. 

• Trial

This is the last phase in the court when a lawsuit of elder abuse is filed. This happens to be the stage whereby the court rules on the presented case. During this phase, the attorney for each side, both complainant and defendant, are expected to present their argument to the jury and judge. After the presentation of the case by both sides, the judge then gives his decision for the final result. In most cases, the complainant must prove the guilt or the defendant’s fault with robust evidence. The judge makes their final decision with clear evidence, and the complainant gets the right and fair judgment.

What happens when a lawsuit for elder abuse is filed in court?

In any court, when a lawsuit for elder abuse is filed and Elder abuse case presented, the correct procedure is followed, as discussed above. This is clearly stated in California Law, which states that Penal Code 368 PC elder abuse statute makes it a crime to cause emotional or physical abuse to the elder ones.

Hire an experienced attorney

Without legal accreditation, you might struggle to understand the elder abuse lawsuit procedures. For instance, the filing process might be different in every state. Furthermore, you might not be familiar with the terminology used in this type of litigation. Under these circumstances, you are advised to hire an experienced lawyer to represent you.

Stalwart Law are qualified attorneys who specialize in elder abuse litigation, and they will be able to help you navigate the legal system and prepare your defense. Their acquaintance with litigation can be instrumental in protecting your reputation and livelihood. Ultimately, their input shall maximize the probability of you winning the compensation claim and getting the best possible outcome.