How to File an Elder Abuse Lawsuit in California 2025

Navigating an elder abuse case can be distressing and overwhelming due to the nature of the case. If an elderly adult has suffered some form of abuse or neglect by another person or entity, it’s crucial to act quickly to hold them accountable and recover damages for your losses. To understand how to do that, you have to know how to file an elder abuse lawsuit in California.

About Elder Abuse in California

Currently, more than nine million California residents are over the age of 60, and this number is continuing to grow. By 2040, it’s projected that there will be nearly 11.4 million elderly adults in California, making up about 28 percent of the population.

With more than 400,000 Californians being admitted into long-term care facilities every year, it’s crucial to provide safe and healthy environments that allow them to flourish. Unfortunately, this isn’t always the case. California’s licensing requirements for care facilities aim to prevent abuse through rigorous staff training and oversight protocols

More than 200,000 abuse cases against elderly and dependent adults are reported in California every year, and long-term care facilities are only one facet of the problem. Approximately 13 percent of financial elder abuse incidents are perpetrated by medical caregivers in California. Meanwhile, abuse from a victim’s family member accounts for about 47 percent of all cases.

How to File an Elder Abuse Claim in California

When filing an elder abuse case in California, it is important to follow these steps:

1. Document signs of abuse. Before you make a formal report, it’s wise to start documenting evidence of the abuse. Once the report is in, the defendant knows about it, and they can try to cover up their actions by hiding or destroying key evidence.
2. Report the abuse. Every county in California has an Adult Protective Services (APS) agency to assist with issues regarding elderly and dependent adults. APS cross-reports with the Office of the State Long-Term Care Ombudsman, law enforcement agencies, and other APS agencies. If the abuse involves financial exploitation, California law provides specific protections to help recover stolen assets and prevent further harm.
3. File a claim. If the APS investigation identifies abuse, you can file an official claim with the Superior Court of California. The only people who can file an elder abuse claim in California are the victim, their spouse, their heirs, or a family member with power of attorney. You must file your claim within two years of discovering the abuse or within four years for cases involving financial exploitation.
4. Enter negotiations. Before your case sees the inside of a courtroom, you can enter negotiations with the defendant to reach a settlement agreement. It’s wise to work with a California elder abuse lawyer to build your case and negotiate on your behalf.
5. Go to trial. If you can’t reach a fair settlement agreement through negotiations and mediation, you can go to court to have the case tried before a judge. The court then makes a final ruling for your case.

There are other agencies in California that work in conjunction with Orange County APS on these cases, and they also provide resources for helping you navigate these situations. These include:

• California Department of Aging
• California Department of Developmental Services
• California Department of Health Services
• California Department of Public Health
• California Department of State Hospitals
• California Elder Justice Coalition
• Office of the State Long-Term Care Ombudsman

Regardless of the nature of your elder abuse case, it’s beneficial to work with a California elder abuse lawyer who understands these types of cases. Navigating the legal system while coping with the aftermath of an abuse case can be a lot for one person to handle; a skilled attorney can ease some of the burden by gathering key pieces of evidence, building a strong case, and representing you in important matters revolving around your case.

FAQs

Reach Out to an Elder Abuse Lawyer to Learn More About Your Options

Discovering that an elderly loved one has suffered from abuse can be devastating. The affected parties have a right to seek justice and hold the perpetrator accountable. When doing so, it can be helpful to work with a California elder abuse lawyer. Our skilled attorneys at Hunter Law have been practicing law for many years, and we have extensive experience in handling complex elder abuse cases in California. Contact us to set up an appointment and discuss your case today.