If you find out that your loved one was being abused or neglected while under the supervision of medical professionals at a care facility, then you must consider taking legal action on their behalf. With this, you must bring forward a sufficient amount of supporting evidence that makes up for the fact that you were not present at the time of the incident. Follow along to find out how to support your elder abuse claim and how a proficient California elder abuse lawyer at Cowdrey & Jenkins LLP can stand by your side throughout.
How can I collect supporting evidence for my elder abuse claim?
It is likely that your loved one is unable to fully comprehend the magnitude of their incident of abuse or negligence. This is why you may have to step in and represent them in an elder abuse claim.
Since you are serving as the plaintiff on your loved one’s behalf, you carry the duty of fulfilling the burden of proof. This means that you must collect enough evidence that supports your argument that your loved one’s injuries and damages directly came from the abuse or negligence of a medical professional at a care facility. It may be in your best interest to gather the following pieces of supporting evidence:
- Photos and videos of your loved one’s visible injuries and damages that they incurred from the incident.
- Your loved one’s medical documents and medical bills that note the injuries and damages that they incurred from the incident.
- Oral or written testimonies made by fellow residents or other care facility workers that witnessed your loved one’s incident play out.
- A copy of the security camera footage that recorded your loved one’s incident playing out.
- A copy of the phone call transcription from when you contacted your local law enforcement and/or the Long-Term Care Ombudsman CRISISline regarding the incident.
- A copy of the official report you submitted to the California Department of Public Health and/or the California Department of Social Services.
What is the statute of limitations for my claim?
In the state of California, you must submit your elder abuse claim within a certain timeframe. Known as the statute of limitations, this timeframe is typically two years from the date of your loved one’s incident. There may be exceptions unique to your situation that may shorten or extend this timeframe. But generally speaking, a failure to file within two years translates to a failure to recover financial compensation and achieve justice over the negligent party.
A talented California elder abuse lawyer at Cowdrey & Jenkins LLP is here whenever you are ready to initiate your elder abuse claim. Simply give our firm a firm at your earliest possible convenience.