Statute of Limitations for Elder Abuse in California
California’s elder abuse statute of limitations varies from two to four years, depending on the type of abuse in question. Personal injury actions over physical abuse and neglect are treated differently than financial abuse claims under state law. If you or a loved one has suffered harm from elder abuse, learn about your legal options and the timeline for filing a claim from the experienced attorneys at Cutter Law P.C.
- In California, the statute of limitations for elder abuse cases is two years for physical abuse.
- The statute of limitations for elder abuse cases is four years for financial elder abuse.
- The deadline to file a lawsuit begins when the abuse is discovered or should have been discovered.
- Various factors, such as the victim’s mental competence or incarceration, can affect this timeline.
Sadly, elder abuse harms countless seniors nationwide every year. It can take many forms, including physical violence, neglect, sexual harm, psychological abuse, and financial exploitation.
Abuse victims and their families have the right to file civil lawsuits to seek compensation for their injuries and damages. However, each state imposes deadlines to file such lawsuits with laws known as statutes of limitations. Victims or their families must file suit within those deadlines or lose their rights to pursue compensation. If you or a loved one has been the victim of elder abuse, Cutter Law P.C. can determine the deadline for your case and act timely to ensure your rights are protected.
For decades, the nationally recognized lawyers at Cutter Law have represented abuse victims with empathy and a commitment to justice. Our California elder abuse attorneys work closely with every client to understand each unique situation and apply their deep legal knowledge to recover the compensation they deserve.
If you or a loved one have suffered from elder abuse in Sacramento, Oakland, Santa Rosa, or beyond, tell us your story and we will offer you a free consultation to go over all of your options for filing a claim. Our team will help you navigate the rules and exceptions of the California elder abuse statute of limitations so you don’t miss your chance for legal recourse.
What Is the Statute of Limitations for Elder Abuse in California?
California has two statutes of limitation that apply to elder abuse cases. One imposes a deadline on cases involving physical abuse, including neglect, sexual harm, and psychological abuse. The other covers cases involving financial exploitation.
Physical Elder Abuse
For physical abuse that caused injury in a nursing home or another setting, an elder or their loved ones may pursue a personal injury claim in civil court. In California, the statute of limitations for personal injury cases is two years from the date of the injury.
Since physical abuse can last for long periods—sometimes years—pinpointing a specific injury and its date and effects may be difficult, complicating the statute of limitations. Some seniors may also suffer from cognitive impairment or disability, making the situation even more perplexing.
The general rule of thumb is to consult an attorney immediately when you suspect abuse has occurred. In many cases, the clock begins to run when you first know or should have known about the abuse. Several circumstances and rare exceptions make determining the deadline for filing a lawsuit challenging, so consulting with an experienced attorney as soon as possible is important to ensure you don’t miss any deadlines.
Financial Elder Abuse
The statute of limitations for financial elder abuse in California is longer than the statute of limitations for other forms of abuse, which fall under personal injury claims. Under California Welfare and Institutions Code (WIC) Section 15657.7, those victimized by financial elder abuse can file a claim up to four years after the abuse occurs.
California law provides that the four-year clock starts to run when the person suing discovered or reasonably should have discovered the financial abuse, whichever is earlier. Courts apply a reasonable diligence standard to determine when the abuse should have been discovered.
It is crucial to consult with an experienced elder abuse lawyer as soon as you learn of financial elder abuse to ensure you meet the filing deadline.
Are There Any Exceptions to the Statute of Limitations?
Yes, there are several exceptions to the statute of limitations that apply to elder abuse cases, including the following:
- A court deems the victim mentally incompetent, impacting their ability to discover or report the abuse in a timely manner.
- The victim passes away within six months of the end of the limitations period. In this case, their loved ones have six months from their death to pursue an abuse case on their behalf. Note that this only applies to the survival of the deceased’s own claims and does not apply to a wrongful death lawsuit, which can be sought by surviving family members and dependents up to two years following the victim’s death.
- The clock for the statute of limitations pauses if the victim is in prison, and starts again at the sooner of either two years or their release.
- If the defendant leaves the state, the statute of limitations clock pauses until they return to California.
While these exceptions can prove helpful in special circumstances, you should not rely on them when determining the time for filing suit. Getting advice from a knowledgeable elder abuse attorney from Cutter Law as soon as possible is paramount to ensure you don’t miss the deadline.
Who Can Sue for Elder Abuse in California?
In California, the following individuals can file an elder abuse lawsuit, depending on the circumstances:
- The abuse victim: The person who suffers the abuse can bring an elder abuse lawsuit. However, many victims are not mobile or well enough to file a lawsuit independently and need help from family.
- Spouse of the abuse victim: The victim’s spouse can also file a lawsuit on behalf of the abused party.
- Family members: If a family member is the victim’s agent under a power of attorney, they may file an elder abuse lawsuit.
- Heirs of the abuse victim: If the victim dies before the suit is filed, the victim’s heirs may file suit.
What Should You Do If You Suspect Elder Abuse?
According to the American Administration for Community Living, a concerned person should take the following actions if they suspect abuse or neglect:
- Call 9-1-1 or your local police station if the senior is in immediate danger.
- For suspicions not involving immediate danger, you can contact the contact the California Adult Protective Services agency.
- If you are an older person suffering from abuse and are not in immediate danger, we encourage you to seek help from friends, family members, your doctor, or other trusted people. You can also reach out to the Eldercare Locator for support at 800-677-1116
Please note that these actions do not specifically address the legal requirements of mandatory reporters, who must report any evidence or suspicion of abuse to the proper channels as soon as it comes to their attention.
This is a priority, and you can move cars and disrupt the scene to help treat the injured.
Contact the Elder Abuse Attorneys at Cutter Law
At Cutter Law, our experiences and skilled attorneys have recovered hundreds of millions of dollars in damages for our clients in areas including Sacramento, Oakland, Santa Rosa, and beyond. We work hard to ensure every client pursuing an elder abuse case understands the legal options provided by California law to make the best decisions for themselves and their families.
If you want to know when you should file an elder abuse claim to comply with the statute of limitations in California, don’t hesitate to reach out. Contact Cutter Law today for your free consultation.
SETTLEMENT
$485,000
NURSING HOME ABUSE
Attorneys Brooks and Margot Cutter obtained a $485,000 settlement for elder abuse in a skilled nursing facility.
SETTLEMENT
$914,506.51
NURSING HOME ABUSE
Attorneys Brooks and Margot Cutter obtained a policy limits settlement of $914,506.51 for abuse of a dependent adult at a residential care facility.
