Caregiver Sexual Abuse Claims in Los Angeles

It is natural for older adults to fear losing their independence as they age. Bringing in a caregiver provides an opportunity to remain in their home instead of moving into an unfamiliar facility far from friends or loved ones. While this option is ideal for many seniors, there is also the potential for abuse.

If your family member has been victimized, it may be time to explore caregiver sexual abuse claims in Los Angeles. Our dedicated sexual abuse attorney could help by answering questions and reviewing the legal options available.

What Constitutes Sexual Abuse?

Any action of sexual contact, activity, or exposure with a non-consensual person is considered abuse. This can expand beyond situations where a person actively declines a sexual invitation. In addition to actively refusing to give consent, abuse can also occur when a person is physically or psychologically incapable of agreeing to any type of sexual conduct.

An act is also not consensual when it involves threats of force, coercion, or manipulation. In that scenario, even having a person voice their agreement is not enough if they were coerced.

Caregivers have an obligation to monitor the people they care for and protect them from harm. They are held to a higher standard than the general public, making any sort of sexual activity improper. This kind of conduct could be grounds for a Los Angeles caregiver sexual abuse claim.

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WE HANDLE A WIDE RANGE OF PERSONAL INJURY CASES, INCLUDING:

BICYCLE ACCIDENT

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BIRTH INJURY

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BUS ACCIDENTS

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CAR ACCIDENTS

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CATASTROPHIC INJURY

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CONSTRUCTION ACCIDENT

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DOG BITES

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MEDICAL MALPRACTICE

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MOTORCYCLE ACCIDENTS

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NURSING HOME ABUSE

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SEXUAL ABUSE

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How Caregiver Abuse Happens

Caregiver abuse involves unwanted sexual acts against a senior committed by a person placed in a position of trust. These individuals are often friends or family members, and they are not necessarily formally trained nurses or medical professionals.

Abuse can happen for any number of reasons. While sexual abuse is less common than other types of neglect or dangerous behavior, it is a serious threat that has to be taken seriously. Often, acts of abuse are the result of long-held issues in the caretaker’s life. Regardless of why these acts happen, it is vital to identify the signs of abuse and remove a loved one from a dangerous situation as soon as possible.

Possible Damages in a Civil Lawsuit

When pursuing a Los Angeles caregiver sexual abuse claim, there is an array of potential damages available. No two cases are exactly the same, making it crucial to rely on legal counsel who understands how to hold abusers and those who enable them accountable.

These damages are often economic in nature. That means they are monetary awards designed to replace a person’s losses following an act of abuse. This could include covering the cost of their medical care or psychological treatment. If the victim no longer feels safe in their home due to the attack, there may also be costs associated with relocation.

Non-economic losses can also play a big role in these cases. The physical and emotional pain of being assaulted can be terrible and long-lasting. While it cannot be measured objectively, it can serve as the basis for damages in a case. Other examples include loss of enjoyment of life or emotional distress.

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FREQUENTLY ASKED QUESTIONS

WHAT IS A PERSONAL INJURY?

Personal injury cases are some of the most common civil litigation cases—also known as “tort actions” or “lawsuits”—in the United States. They are filed by individuals who have experienced bodily injury, pain and suffering, and sometimes property damage in an accident caused by a negligent third party. These claims can also be filed for intentional harm or defamation of character by a third party.

DO I NEED TO HIRE A PERSONAL INJURY ATTORNEY?

While you are not required to have an attorney to file a claim, having an attorney can make a significant difference in your claim. A personal injury attorney has a deep understanding of the claims process and can help you navigate the complexities of the law. Your attorney can also help you level the playing field with insurers and can tell you whether you are receiving the maximum compensation to which you are legally entitled.

I HAVE BEEN INJURED IN AN ACCIDENT – WHAT DO I DO NEXT?

If you have been injured in an accident that was no fault of your own, there are steps you should take to ensure you are compensated for costs related to the incident. Taking quick action after your accident can profoundly affect your personal injury claim or lawsuit. After being involved in an accident, you should: Seek medical attention for your injuries, even if symptoms are not immediately apparent. Keep a record of your injuries and note any complications that arise because of your injuries. Report the incident as soon as possible after it occurs. Record detailed descriptions and notes about the facts of the incident. Keep receipts of medication and medical care you received Contact an experienced personal injury attorney in Los Angeles who can help you navigate your claim.

WILL MY PERSONAL INJURY CLAIM GO TO TRIAL?

Not all personal injury claims make it to court. In fact, a majority of injury cases are settled without having to litigate. What’s the difference between a settlement and going to trial? What are the pros and cons of each? There are two ways in which compensation can be awarded to you for your claim: through a settlement or by going to trial. There are pros and cons to each. When your claim is settled, the compensation for your claim is decided outside of court, usually through negotiations between lawyers.

HOW LONG DO I HAVE TO FILE A PERSONAL INJURY CLAIM?

In California, you have two years to file a personal injury claim against an individual or non-government entity. If the injury is not immediately known, you have one year from the date the injury is discovered. If you’ve suffered injuries from an accident that was caused by someone else’s negligence, you should act quickly to ensure you are able to recover compensation for your losses.

Notifying Insurance Companies

You should notify your insurance company and the responsible party’s insurance company as soon as possible after your accident. Most insurance companies request that you file your claim within 24 – 48 hours after your accident. When you file a personal injury insurance claim, you are requesting that the at-fault party’s insurance pay for the losses you suffered as a result of your accident, and the compensation amount is determined during negotiations. Seeking Compensation You can get financial compensation in two ways: filing a personal injury insurance claim or filing a personal injury lawsuit. Generally, compensation can be sought for two types of damages: economic and non-economic. Economic damages are those with a measurable monetary value, such as medical expenses and lost wages. On the other hand, non-economic damages refer to losses that cannot be easily quantified, such as pain and suffering or emotional distress. It is important to understand the types of damages available in your case so that you can seek compensation for all of your related losses. Soon after your accident, contact a knowledgeable personal injury attorney in Los Angeles who can explain the time limits to you and help you get the compensation you deserve.

ARE THERE PERSONAL INJURY LAWYERS NEAR ME?

Our firm is located in downtown Los Angeles. We can take all personal injury cases based in California.

Talk to our Attorney in L.A. About a Caregiver Sexual Abuse Claim

If your loved one experienced mistreatment at the hands of a person you entrusted them to, they may be entitled to compensation. While no amount of money can undo this trauma, it may provide the best path to justice against the abuser and those who allowed it to happen. Call today to discuss caregiver sexual abuse claims in Los Angeles.

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READY TO SPEAK WITH AN ATTORNEY?

If your claim has been denied or your attorney has decided to give up, reach out to our firm for a second opinion.