Who We Represent
We represent elders (persons 65 years of age or older), dependent adults, family members, and successors in matters involving nursing home abuse, assisted living neglect, caregiver misconduct, and related wrongful death claims. We also evaluate cases involving financial exploitation of vulnerable adults by fiduciaries, caregivers, or third parties where civil remedies are available.
Services We Provide
We handle civil cases arising from: nursing home neglect and understaffing; assisted living facility negligence; fall injuries; wandering and elopement; pressure injuries and bed sores; dehydration and malnutrition; medication errors; untreated infections; poor hygiene and unsanitary conditions; physical abuse by staff or other residents; emotional abuse; and delays in obtaining necessary medical care.
We also evaluate civil claims for financial elder abuse, including theft, unauthorized transfers, identity theft, undue influence, and exploitation by persons in positions of trust. In appropriate matters, we investigate staffing records, care plans, incident reports, charting irregularities, photographs, and witness accounts, and we work with qualified experts to establish causation and quantify damages.
We handle select elder abuse and nursing home neglect matters on a contingency fee basis. Attorney fees are generally recovered only if there is a settlement or judgment in your favor, subject to the terms of a written fee agreement. Case costs are separate and will be explained before representation begins. This page is attorney advertising and is provided for general informational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. Prior results do not guarantee similar outcomes.
Our Approach
Elder abuse matters require urgency. Evidence can disappear quickly, and families are often making immediate decisions about the safety and ongoing care of a vulnerable person while simultaneously coping with the emotional impact of what occurred. We begin with a careful factual review and an honest assessment of the legal and evidentiary issues so that the client and family can make informed decisions from the outset.
When we accept a case, we build it methodically. That means identifying the timeline of decline or injury, examining whether a facility or caregiver failed to provide the legally required standard of care, and evaluating the connection between that failure and the harm suffered. We pursue the enhanced remedies available under California law where the evidence supports them, and we communicate clearly with the family throughout the matter.
Frequently Asked Questions
What is elder abuse under California law?
California law defines elder abuse broadly to include physical abuse, neglect, abandonment, isolation, financial exploitation, and other mistreatment of a person 65 years of age or older or a dependent adult. Civil claims may be available even when criminal charges are not filed.
What are the most common signs of nursing home neglect?
Common warning signs include unexplained falls, sudden weight loss, dehydration, recurring pressure injuries or bed sores, untreated infections, poor hygiene, medication errors, fearfulness around certain staff members, bruising or unexplained physical injuries, and a decline that does not match what the family was told about the resident’s condition.
What enhanced remedies are available in California elder abuse cases?
When a plaintiff can prove by clear and convincing evidence that a defendant acted with recklessness, oppression, fraud, or malice, California law provides for recovery of attorney fees and costs in addition to compensatory damages. These enhanced remedies are designed to deter egregious misconduct in the care of vulnerable adults.
Can family members bring a claim on behalf of an elder?
In many situations, yes. Family members may have standing to bring claims as conservators, representatives, or successors in interest depending on the circumstances. The ability to bring a claim and the available remedies should be evaluated as early as possible.
What is financial elder abuse?
Financial elder abuse includes the theft, embezzlement, forgery, fraud, undue influence, or other wrongful appropriation of an elder’s money, property, or other assets by any person, including caregivers, family members, or persons in fiduciary positions.
Do I need documented proof before contacting an attorney?
No. Families often have concerns before they have complete records. A factual basis for concern, such as a sudden decline, unexplained injuries, inconsistent explanations, or obvious signs of inadequate care, is typically sufficient to warrant a consultation.
How long do I have to file an elder abuse lawsuit in California?
These claims are subject to filing deadlines that vary depending on the type of claim, the nature of the injury, and other factors. Delays can result in the loss of important rights. Prompt legal review is strongly encouraged whenever abuse or neglect is suspected.
If you suspect that an elder or dependent adult has been abused, neglected, or financially exploited, contact The Law Offices of Robert Warwick for a complimentary attorney case consultation. Early review can help preserve critical records, protect the vulnerable person, and determine whether civil action is warranted.