Elder Abuse Lawyer In San Jose

San Jose Elder Abuse Lawyers & Nursing Home Neglect Attorneys

Placing an aging parent or loved one into a residential care facility, nursing home, or under the care of a private caregiver requires immense trust. Discovering that a caregiver or facility has broken that trust through neglect, physical injury, or financial exploitation is devastating. At San Jose Personal Injury Attorneys, our compassionate and aggressive legal advocates hold negligent nursing homes, assisted living facilities, and predatory individuals strictly accountable under California elder protection laws.

If you suspect your elderly family member is experiencing mistreatment in San Jose or anywhere across Santa Clara County, our team is available 24/7 to intervene, safeguard their dignity, and fight for full financial compensation.

Types of Elder Abuse Cases We Handle in San Jose

California law defines elder abuse as the physical mistreatment, neglect, abandonment, financial exploitation, or mental suffering inflicted on any person aged 65 or older (or dependent adults aged 18-59 with physical or mental limitations).

  • Nursing Home Neglect: Stage 3 or 4 bedsores (pressure ulcers), severe dehydration, rapid unexplained weight loss, recurring urinary tract infections (UTIs), poor hygiene. 
  • Physical Abuse & Restraints: Unexplained fractures, deep contusions, subdural hematomas, burns, bilateral bruising on wrists or ankles indicating improper chemical or physical restraints.
  • Financial Elder Exploitation: Abrupt changes to wills, trusts, or power of attorney; missing jewelry or heirlooms; unexplained ATM withdrawals or forged checks; unauthorized property transfers.
  • Falls & Wandering (Elopement): Hip fractures, concussions, or traumatic head trauma resulting from unassisted transfers; vulnerable residents wandering outside unsupervised.
  • Emotional & Psychological Abuse: Intense fear or trembling around specific caregivers, sudden social withdrawal, depression, or staff threatening and isolating the elder from family.

Over $500,000,000 Won Over 30 years of experience

California Legal Protections

California has some of the strongest elder protection laws in the United States under the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) (Welfare & Institutions Code § 15600 et seq.).

The Elder Abuse and Dependent Adult Civil Protection Act (EADACPA)

Unlike ordinary personal injury claims, if our attorneys prove that the defendant acted with recklessness, oppression, fraud, or malice, EADACPA unlocks enhanced statutory remedies for your family:

  • Pre-Death Pain and Suffering: Full compensation for the pain, suffering, and disfigurement endured by the elder, even if the victim unfortunately passes away prior to trial.
  • Mandatory Attorney’s Fees & Court Costs: The court can order the negligent facility or abusive party to pay your attorney’s fees directly.
  • Punitive Damages: Substantial civil monetary penalties intended to punish facilities that put corporate profit ahead of senior safety.

Essential Steps: What to Do if You Suspect Elderly Abuse in Santa Clara County

If you believe an elder is in immediate physical danger, call 911 immediately. For non-emergency situations, follow these steps to intervene and preserve critical evidence:

1. Remove Your Loved One from Danger

If they reside in a negligent facility, request an immediate transfer to an acute care hospital for a complete medical examination.

2. File an Official State & County Report:

  • Santa Clara County Adult Protective Services (APS): Call the 24-hour hotline at (408) 975-4900 to report community or in-home caregiver abuse. 
  • Long-Term Care Ombudsman: Call (408) 944-0567 for abuse occurring inside licensed residential care or skilled nursing facilities in Santa Clara County.

3. Preserve All Physical Evidence

Photograph all visible bedsores, bruises, unsanitary living conditions, or spoiled food. Collect all financial statements, bills, and recent legal revisions.

4. Consult an Experienced Elder Abuse Attorney

Before speaking to facility administrators or insurance adjusters, speak to an experienced San Jose elder abuse attorney to prevent the destruction or alteration of medical records.

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Stand Up for Your Loved One’s Rights Today

Elderly residents deserve dignity, respect, and attentive medical care. If an assisted living facility, nursing home, or caregiver in San Jose has caused your family member harm, our legal team is prepared to conduct an immediate, independent investigation.

  • Office Location: 1798 Technology Dr, Ste. 130, San Jose, CA 95110

  • 24/7 Case Consultations: (408) 217-1778

  • No Fee Unless We Win: We represent elder abuse victims strictly on a contingency fee basis. You pay nothing out-of-pocket unless we successfully secure financial recovery for your loved one.

FAQ's

Why do I need a San Jose Elder Abuse Attorney?

Simply reporting elder abuse often isn't enough, as criminal prosecution doesn't guarantee financial recovery for the victim. A San Jose elder abuse attorney is crucial for pursuing a civil lawsuit to help the elder and their family recover compensation. This compensation can offset financial losses from fraud, cover expensive medical bills from physical abuse, or recoup money and assets lost. We have 30 years of experience winning substantial financial results for clients in this area.

What are the warning signs of elder abuse I should look for?

Warning signs can be varied and may include:

  • Physical Signs: Unexplained bruises, welts, skin discoloration, burns, or broken bones.

  • Behavioral/Emotional Signs: Sudden mood swings, withdrawal, depression, anxiety, fear of being touched, or a dramatic change in personality.

  • Financial Signs: Unexplained loss of money or assets, suspicious transfers of property, or being pressured into bad financial decisions.

  • Neglect Signs: Poor hygiene, poor health, malnutrition, or weight loss.

How can a lawyer help recover financial losses from elder abuse?

A San Jose elder abuse attorney is a critical asset in recovering compensation. We help:

  • File a Civil Lawsuit: Seeking compensatory damages (for losses) and punitive damages (to punish the abuser).

  • Recoup Lost Assets: In cases of financial abuse, we work to recover money, property, and assets taken through scams, fraud, or coercion.

  • Secure Damages: For physical abuse and neglect cases, compensation covers medical treatment, hospital stays, and any ongoing care.

  • Gather Evidence: Crucially, we help collect evidence and argue your case in court to hold the abusive caregiver, nursing home, or defrauder accountable.

What should I do if I suspect elder abuse?

You should first immediately report the abuse to local law enforcement or social services. You should then contact a San Jose elder abuse lawyer for a complimentary consultation to discuss pursuing a civil claim for compensation.

Meet Our Attorneys

Our San Mateo Law Firm is comprised of highly experienced personal injury attorneys. We are dedicated to providing top-tier representation for your personal injury claim. Contact us today for a complimentary consultation. We will review your case and provide you with a personalized evaluation of your claim.

San Mateo Personal Injury Lawyer

Deon Goldschmidt

FOUNDing attorney

San Mateo Personal Injury Lawyer

Kevin Retoriano

MANAGING PARTNER

San Mateo Personal Injury Lawyer

Michel Shenouda

MANAGING PARTNER