Can You Sue Someone For Elder Abuse?

It’s hard to watch someone we love age. They can’t get around easily, feel tired frequently, struggle with their memory — it’s a challenging experience for anyone involved. As their condition continues to decline, they may need round-the-clock care.

But can you trust other family members and hired help to assist with caregiving routines? Unfortunately for many elderly Americans, the answer is no. Every year approximately 5 million Americans older than 65 experience some form of abuse. 

If someone has committed elder abuse, they can face legal judgment for personal injury, criminal acts, or stolen finances. Let’s review the essentials to suing someone for elder abuse.

What Is Elder Abuse? 

Older individuals who are not physically or mentally capable of activities of independent living are considered “endangered adults” by law. Due to their limitations, endangered adults are at increased risk for sudden injury or death and rely on caregivers to provide essential services. 

Arkansas Code § 5-28-101 describes the abuse of endangered adults as a purposeful act meant to harm, demean, or threaten someone who cannot take care of themselves independently. The abuse is perpetrated by anyone in a caregiver role across various settings. 

The law further dives into describing long-term care facilities, who are commonly responsible for protecting endangered adults. These places include nursing homes, assisted living residencies, rehabilitation facilities, and more. Caregivers at these facilities are mandated reporters, meaning they could be in legal trouble if they perpetrated or failed to report blatant abuse. 

What Does Elder Abuse Look Like? 

Unfortunately, elder abuse is quite common. Prior to 2020, 1 out of 10 older adults were experiencing abuse. To make matters more complex, 47% of elder abuse cases are perpetrated by family members. 

If you’re concerned about a loved one, potential warning signs for elder abuse include: 

• Mysterious physical marks on the body (cuts, bumps, and bruises)

• Poor hygiene and bedsores

• Extreme fear of being left with a particular person

• Unexplained financial purchases, withdraws, or missing funds

• Obvious medical neglect

Elder abuse doesn’t always manifest as physical injuries, that’s why it’s important to examine all aspects of an individual’s physical, emotional, and financial well-being for potential mistreatment. Elderly who struggle with memory disorders may not be capable of self-reporting abuse or neglect. 

What To Do If Your Loved One Was A Victim Of Elder Abuse

If you suspect elder abuse, the first step would be to report mistreatment to local police. In addition, you need to file a report with Adult Protective Services. Residents can call 1-800-482-8049 to make a report or file online.

You’ll want to make sure you have documentation of potential abuse. With evidence, you can hire a personal injury attorney to represent the case in court and sue the abuser or long-term care facility. 

Little Rock Attorney General Tim Griffin feels strongly about prosecuting elder abuse, stating, “Protecting our state’s vulnerable takes a team effort, and I will continue to use all the resources I have to prosecute those who exploit elder Arkansans under their care.” 

See that your loved one’s abuser receives legal consequences under Arkansas law. Find a personal injury lawyer and start documenting your case for court. 

Secure Legal Guidance To Protect Your Loved One

When you have filed a report with Adult Protective Services, your next step should be to consult a lawyer about your legal options. You may be able to sue an abuser for injury, neglect, and manipulation depending upon the severity of the circumstances. 

Ready to discuss your case? Schedule a consultation with our live agent today or call (479) 434-2414. Things are about to get better with Hickey & Hull Law Partners on your