Q & A On Bringing Claims For Elder Abuse
An elder abuse claim is, quite simply, one of the most powerful claims a plaintiff can bring in Oregon courts. Slinde Nelson is one of the only complex litigation firms in Portland that focuses a major part of its practice on bringing claims for victims of elder abuse.
Sometimes, however, there was some form of harm or abuse, but it could not be proven to the “beyond a reasonable doubt” standard that Oregon criminal prosecutions require. As Oregon civil trial lawyers, we at Slinde Nelson are not bound by the higher criminal standard of proof. That means we can help those elderly people and their families that the criminal system was unable to help.
Elder Abuse Is Prominent
An experienced attorney knows that elder abuse is rampant in Oregon and throughout the United States. According to the Oregon Department of Human Services, as many as 5 million elderly people across the United States have experienced some form of financial or physical abuse. However, only 20 percent of these instances are ever reported. In Oregon, about 13 percent of the population is over 65.
How do you know if you or someone you care about has suffered elder abuse? Slinde Nelson can help.
Who is an ‘elderly person’ under Oregon law?
Generally, it is anyone 65 or older.
What is ‘abuse’ of an elder?
Abuse can be physical or financial. Physical abuse includes injury, serious neglect, nonconsensual sexual contact or intimidation of an elderly person. Financial abuse generally includes wrongfully taking or threatening to take money or property from an elderly person.
Who can bring a legal action for elder abuse?
Either (1) the elderly person, (2) the guardian, conservator or attorney-in-fact for the elderly person, (3) a personal representative of the estate or (4) a trustee may bring legal action.
What can be recovered in an elder abuse claim?
Oregon has made protecting our state’s senior citizens from abuse one of its priorities. Oregon’s elder abuse statute is one of the most powerful in the country. It allows for the recovery of economic damages as well as damages for emotional distress and pain and suffering. Together, under the Oregon statute, those damages are tripled to punish the offender. Victims of elder abuse will also be reimbursed for attorney’s fees expended in bringing action.
Contact An Oregon Elder Abuse Attorney
If you or a loved one has been a victim of elder abuse, contact an experienced attorney today.