Considering Bringing an Action for Elder Abuse? You May Want to Start by Reading Fla. Stat. 825.102.
Did you know that you might be able to sue your elderly parent’s caregiver for abuse in West Palm Beach? Florida law allows for a civil action sounding in elder abuse. Do you know what the rules are in bringing such a claim?
Fla. Stat. 825.102 – Elder Abuse
- The Florida Legislature created a statute to protect the elderly from abuse in the State.
- The statute has criminal sections, which make it a felony to abuse the elderly, but it also allows for a civil action.
- Do you know what that means?
- You may be able to sue a caregiver for negligent and willful misconduct that harms your loved ones.
- Before you decide to bring a civil claim you have some questions to answer.
- Here are a few things to consider.
#1 Do You Want a Jury Trial
- You may have a right to a jury trial in an action for elderly abuse in West Palm Beach Civil Court.
- Often time litigants want to be heard by members of the community but there are also other concerns.
- Do you want your dirty laundry hanging out for everyone to see?
- Also what type of abuse are you trying to prove?
- Financial exploitation may be easier to prove to a judge with experience in the area as opposed to physical abuse which may be more visible to a jury.
#2 Are You Also Pursuing Criminal Charges
- The Florida Legislature has created bodies to oversee elder abuse that may be criminal.
- You should consider reporting any elder abuse immediately but how is that going to effect your case?
- If the State finds that there is no abuse does that limit your rights to recovery?
#3 Where is the Evidence
- All too often when asked where the evidence is a Palm Beach litigant will tell you that they have an intuition.
- This is just not good enough.
- Another common response is that it was a matter of overtime things became clear – but how do you prove that to the jury?
- You are going to need to put on evidence that shows elder abuse.
If you want to learn more about a potential civil claim for damages as a result of elder abuse in West Palm Beach you may want to start by reading the statute and talking to an experienced Palm Beach probate litigator.
If you want to read the statute, just click here.