How Long Does an Elder Abuse Claim Take?

wooden gavel concept

You may have already transferred your loved one to a safe environment after the incident of abuse in their residential care facility. With this, you may want to put this whole situation behind you and focus your attention on your loved one’s healing. But sometimes, a negligent residential care facility must be held liable and your loved one may need assistance in the form of financial compensation. This is where an elder abuse claim may prove pivotal. Read on to discover approximately how long an elder abuse claim is supposed to take and how a seasoned California elder abuse lawyer at Cowdrey & Jenkins LLP can guide you through these proceedings.

Approximately how long does an elder abuse claim take?

The amount of time it may take to finalize your elder abuse claim may be contingent on the specific circumstances surrounding it. But on average, an elder abuse claim may take anywhere between two to three years, from start to finish. This is because every case must undergo the following sequence of events:

  1. You must schedule an initial consultation with an elder abuse lawyer.
  2. You must fill out the initial paperwork for your claim.
  3. You must inform the negligent party that you intend to file a claim against them.
  4. You must enter the discovery process of your claim.
  5. You must wait for your scheduled court time.
  6. You must make motions and present arguments in the presence of a trial jury.
  7. You must wait for the jury to reach a verdict.
  8. You must wait to collect your financial compensation from the negligent party.

Importantly, you may be able to shorten the length of your case if you opt for mediation. This is so long as you are able and willing to accept a low settlement offer. But if you require a significant amount of financial compensation to recuperate your loved one’s damages, then your case may escalate into a lengthy trial.

Approximately how long do I have to bring my claim forward?

It is impossible to go through these proceedings in the first place if you do not bring your elder abuse claim forward on time. That is, the state of California holds a statute of limitations of two years from the date on which an incident of abuse occurred.

Again, depending on the specific circumstances surrounding your claim, this deadline may be as short as one year. But generally speaking, a failure to file on time means that you may indefinitely lose your right to sue. Further, this means an inability to recover your loved one’s damages on their behalf.

With all that being said, there is no time like the present to get your legal case in order. So pick up the phone and call a competent California elder abuse lawyer from Cowdrey & Jenkins LLP today. We are looking forward to it.