Know your legal rights if you or someone you care about has lost money or investments due to financial elder abuse.
If someone has taken financial advantage of you or of a loved one, when you or the loved one was 65 years of age or older, know your legal rights in California. California law reflects our society's interest in protection and deterrence of this wrongful conduct.
A financial elder abuse lawsuit results when each of the following occur:
- Someone took your (of your family member's) property (or assisted another person in doing so);
- You or your family member was 65 years of age or older at the time;
- The person (or assistant) did this for a wrongful reason, with the intent to defraud, or by undue influence; and
- You or your family member were harmed as a result.
Of course, establishing that the defendant had the requisite intent, or exercised undue influence, can be tricky and often will require invasive and extensive investigation and discovery by an attorney.
San Diego individuals or families who may have a San Diego financial elder abuse lawsuit should consider getting help from a San Diego financial elder abuse attorney.
We can help prove the misconduct occurred, as well as establish damages -- such as investment loss, out-of-pocket losses, consequential damages, interest, punitive damages, court costs, and attorney fees. In fact, the elder abuse code specially allows for the recovery of attorney fees from the wrongdoer (and, even if you lose, the defendant cannot get its attorney fees from you -- it's a one way/unilateral street). Finally, if warranted, the elder abuse laws allow for the cancelation or rescission of contracts, wills, and trusts.
To learn more about financial elder abuse lawsuits, or for a complimentary case evaluation, contact a lawyer today at 888.690.6086, use the website chat feature, or use the "contact us" page.