What is the Statute of Limitations for Elder Financial Abuse?
When a senior is victimized by elder financial abuse, he or she has certain legal rights. An older person who is victimized by abuse could pursue a civil case against the individual or organization that perpetrated or facilitated the financial abuse. The goal of a civil case would be to recover the funds that were lost as a result of the abusive or wrongful behavior.
The Marin County elder abuse attorneys at Evans Law Firm, Inc. can provide assistance pursuing a civil case so the affected senior can work within the law to protect his or her rights. There are many technical legal rules that must be followed in order for a senior to make a successful claim, and failing to comply with any of the requirements could impact your case. One of the most important of the legal rules is the statute of limitations.
Evans Law Firm, Inc. is focused on providing representation to victims of elder financial abuse. Our firm has the necessary knowledge and experience to help seniors and their families to use the legal system effectively to protect their interests. We’ll help you comply with the deadline set by the statute of limitations and will bring our decades of experience to your case to help you maximize your chances of fully recovering lost funds.
Understanding the Statute of Limitations for Elder Financial Abuse Claims
The statute of limitations is one of the most important rules to know regarding elder financial abuse claims. It sets the deadline for pursuing a claim. If you wait too long, the statute of limitations could prevent you from being able to take legal action. Your claim would be time barred, which means the court would not hear your case, you would not be eligible for a remedy, and any claim you tried to file would be dismissed.
There are different rules for deadlines for legal action depending upon the type of claim that you are making. In general, for financial elder abuse, the statute of limitations is four years. This deadline for filing a case is established in Welfare and Institutions Code 15657.7. The relevant law states that the four-year statute of limitations applies to any cause of action for damages pursued under sections 15657.5 and 15657.6. Section 15657.5 addresses remedies available to victims of elder financial abuse and section 15657.6 establishes remedies in situations when property is taken or appropriated from certain dependent adults.
The four-year statute of limitations established by the Welfare and Institutions Code begins running from the time when the facts constituting financial abuse are discovered, or when the financial abuse should have been discovered with reasonable diligence.
It is also possible that a senior who is victimized by certain types of financial abuse might also be able to pursue claims under other laws instead of or in addition to those causes of action related to financial abuse outlined in the Welfare and Institutions Code. An experienced elder abuse attorney at Evans Law Firm, Inc. can provide assistance to seniors in understanding all possible causes of action and can help those seniors to pursue a claim within the statute of limitations applicable to the law their case arises under. Call us at 415-441-8669 or contact us via email for immediate assistance.