Elder abuse is, unfortunately, a persistent issue, especially in California. If you or a loved one has fallen victim to this form of abuse, whether physical or a type of elder financial abuse, acting immediately and working with an expert elder abuse lawyer is of the utmost importance. Unfortunately, the culprits in these situations act strategically and are experts at avoiding detection, so it is not always easy to spot the signs when this abuse begins.
Because it comes in many different forms, the statute of limitations for elder abuse in California varies from case to case. Failing to understand the window you have can result in never receiving justice. Learn more in our blog:
What is the Statute of Limitations for Elder Abuse in California?
When considering the statute of limitations for elder abuse in California, understand that they fall under the category of personal injury lawsuits.
Because of this, in California, most forms of senior abuse carry a statute of limitations of two years. The “clock” starts running on the date of the incident of abuse. What does this mean? You have two years from when the abuse transpired to pursue justice.
The nature of senior abuse complicates things. These are often continuous, ongoing crimes. There is typically not just one incident. In situations that involve fraud, the statute of limitations is three years. For elder financial abuse, the statute of limitations is four years.
There are several types of elder abuse, all of which have individuating legal implications. To understand the statute of limitations for your situation, it is essential to consult a premier elder abuse attorney.
Are There Exceptions to the Statute of Limitations for Elder Abuse in California?
Like with many things in life, there are exceptions to the statute of limitations or elder abuse in California that are important to consider. Still, before we explore these exceptions, we recommend never relying on exceptions and assuming you have a wide-open window.
One key exception to be aware of is, well, awareness. If you were unaware of the injury when it occurred, the statute of limitations pauses until you could have “reasonably discovered” the injury.
For example, in a situation that involves elder financial abuse, it is normal for family members to initially be oblivious that someone has been siphoning off their loved one’s finances.
Also, if the victim suffers from mental incapacity, this may widen the window and extend how long you have to pursue justice. If they live at a nursing home and the facility actively tried to conceal the abuse, this can also extend the window.
Regardless of the circumstances, consulting with an elder abuse lawyer immediately is of the utmost importance to determine if your situation or that of a loved one qualifies for an extension on the statute of limitations.
Contact Us to Work With a Premier Elder Abuse Attorney
With such a narrow window, the statute of limitations for elder abuse in California makes acting quickly critical to receiving justice. Different forms of this abuse carry different statutes of limitations, from elder financial abuse to physical abuse, and several exceptions can extend your window. Only a premier elder abuse lawyer can determine how long you have and if you can capitalize on an exception that extends this window of opportunity.