Who Can Sue for Elder Abuse?

  • Dan T. Matrafajlo
  • Thu Mar 2021
  • Elder Abuse,
  • 0

elder abuseGetting old is hard. Often elders are frail and dependent on their others for basic car and are reluctant to complain because they don’t know how they will survive outside of their dependent condition. Most elders who are abused suffer in silent anxiety.

Elder abuse is an expression that is used universally to describe any type of harm or wrongdoing caused upon an elderly individual. Elder abuse and neglect can come in a wide variety of harms, including physical abuse, sexual abuse, financial abuse, and elder neglect. If you suspect that an elderly loved one is being subject to elder abuse and neglect, you need to immediate report the abuse to an authority and consult a New Jersey elder abuse and neglect attorney to protect their legal rights.

Who Can Sue for Elder Abuse?

You must have “legal standing” in order to successfully file any type of lawsuit, including one for elder abuse. In other words, an action must be brought in the name of a real party in interest. Plaintiffs in elder abuse lawsuits may include:

  • The elder or dependent adult
  • Family members vested with the power of attorney
  • Successors or heirs of the estate
  • Family members who witnessed the elder abuse
  • Conservators or guardians of an incompetent elder or dependent adult
  • Spouses of the injured

Elder abuse lawsuits can also be brought by multiple plaintiffs. For example, an elder sexual abuse lawsuit can name the elder as the main plaintiff for physical and emotional injuries suffered, but a spouse may also file for “loss of consortium” damages for the loss of comfort, care and society of the injured plaintiff.

In cases where the elderly victim has passed away, the right to bring a lawsuit for elder abuse transfers to:

  • A named personal representative
  • The next in line via intestate succession
  • A successor in interest (such as a child, grandchild, relative, friend, or guardian)
  • A person named as an “interested person”

These parties can file a lawsuit on behalf of the deceased victim, as well as on their own behalf for:

  • Funeral and burial expenses
  • Loss of support, companionship
  • Loss of finance
  • Emotional distress and trauma

To determine whether you have a valid elder abuse claim, you or your elderly loved one should immediately consult with an experienced New Jersey elder abuse attorney to discuss the specific facts of your case.

Call a New Jersey Elder Abuse Attorney Today!

The legal team at Beninato & Matrafajlo Attorneys at Law, LLC is dedicated to helping our injured clients reach the best monetary settlement when they are involved in any type of accidents.

If you suspect a loved one has become the victim of elder abuse, you need an experienced and caring legal advocate on your side. Our experienced New Jersey elder abuse attorneys are available to personally review your case. Call us at 908-355-7100 to schedule a free, complimentary consultation with our legal team today.

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Dan T. Matrafajlo

Dan T. Matrafajlo

NJ State Bar: #031722003

Dan T. Matrafajlo, Esq., is the managing member and lead partner at Beninato and Matrafajlo, Attorneys at Law, LLC. Renowned for groundbreaking contributions to personal injury law, he has set legal precedents with influential Appellate decisions and garnered recognition in the New Jersey Law Journal. A consistent honoree on Super Lawyers' Rising Star list for the past five years, Matrafajlo's litigation prowess is widely acknowledged. He has won various awards like Super Lawyers, Thomson Reuters Association 2019, and Nominated into Super Lawyers as a Rising Star from 2012 until the Present.

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