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Frequently Asked Questions about Elder Abuse

What happens when I contact Needham, Davis, Kepner & Young LLP about a potential elder abuse case?

Each potential case is evaluated by an attorney to assess liability and damages. Typically, we will request copies of medical records (or financial records if the case involves financial abuse) and any investigation records that may have been created concerning the incident(s) that led to the abuse. We will discuss our plan with you. Once the relevant information is assembled, we will advise you as to whether or not we are interested in pursuing a case on your behalf. If we are unable to assist you, we will give you a referral to another well-respected attorney. The initial call, investigation, and consultation are free.

Who is an eligible plaintiff in an elder abuse case?

California law, found in the Welfare and Institutions Code, defines an elder as a person who is 65 years of age or older. In addition, a person who is a dependent adult is also protected under the law. A dependent adult is one who is between the age of 18 and 64 and is mentally incompetent or who is a resident of a 24 hour care facility. For example, a person aged 55 who is recovering from a surgery in a hospital is considered a dependent adult for purposes of this statute.

If the abused person has passed away, a family member can pursue an action for elder abuse on behalf of the decedent’s estate. As well, the heirs of the decedent may have a wrongful death action.

What are your fees?

Our firm handles elder abuse cases on a contingency fee basis. In essence, we earn fees if we are successful in reaching a resolution of your case either through settlement or trial. If the case is lost, you will not owe us any fees. In most cases, we also advance all of the costs associated with prosecuting the case. Pursuant to California law, the fee arrangement is negotiable and will be discussed with you at the outset of your case. Generally, our fee is 33% of the recovery you receive. Once a matter is set for trial, our fee generally will increase to 40%.

What is my case worth?

It is not easy to assess a case’s value until some of the essential information is collected. Often, it is necessary to complete an investigation and some discovery in a case before we can adequately evaluate a case. We will offer you our assessment of your case’s value once enough information is received. Our evaluation will be influenced by our experience in trial and our knowledge of the trends we have observed in trial results in the recent past.

In addition, we must learn whether or not the defendant(s) were insured or have adequate assets to satisfy a judgment or fund a settlement. Sometimes this information can be obtained at the outset of a case; however, it usually takes some investigation of the case before we can assess the defendant’s viability.

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