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, then you should 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 typically has 5 elements the plaintiff(s) must prove by a "preponderance of evidence" to win:
- Someone took, hid, appropriated, obtained, or retained 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 of the conduct;
- The person (or assistant) did this for a wrongful reason, with the intent to defraud, or by undue influence;
- You or your family member were harmed; and
- The conduct described above was a substantial factor in causing the harm.
Establishing that the conduct would likely harm you or your family member may prove the defendant took the property for a "wrongful use."
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. An attorney 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 cancellation or rescission of contracts, wills, and trusts.
To learn more about financial elder abuse lawsuits in San Diego, or for a complimentary case evaluation, contact a San Diego financial elder abuse lawyer today at 888.690.6086, or use the "contact us" page.