Claiming Compensation for Elder Abuse

Author:
Thomas Schofield
Trainee Solicitor
Date:
01/07/2019

If you believe an elderly relative has suffered abuse from those who are meant to be caring for them, or if you yourself have experienced physical or sexual abuse, our team of Abuse Claims Solicitors are here to help you seek justice.

Elder abuse can occur anywhere, including in someone’s own home, in residential care, at a carer’s home, in day care, nursing homes and hospitals. In our experience, abusers have included friends, family members, care workers, attendants, employees of care homes, and family members (including spouses).

Our Solicitors have over 25 years’ experience in dealing with physical and sexual abuse cases and have acted for many elderly people affected by abuse. We’ve been successful in obtaining compensation for the abuse itself, as well as for the physical, emotional, and psychological distress caused by the abuse, to help people move past the abuse and help get their lives back on track. See Elder Abuse Claim Awarded £10,000 Compensation Case Study

For free legal advice get in touch with our Abuse Claims Solicitors. We may be able to deal with your claim on a No Win, No Fee basis – ask us for details.

Call us on 08002605010 or request a callback and we will help you.

Types of Elder Abuse

Elder Abuse is a single or repeated act, occurring in any relationship where there is an expectation of trust, which causes harm or distress to an older person. Unfortunately this comes in many forms, such as:

Neglect

Neglect is the failure of caregivers to carry out their responsibilities to provide needed care. Neglect can be Active or Passive.

“Active” neglect refers to intentional behaviour, such as the caregiver intentionally withholds care or necessities. Active neglect is usually motivated by financial gain (e.g. the caregiver stands to inherit) or reflect personal conflicts.

“Passive” neglect is where the caregiver is unable to fulfil their responsibilities as a result of illness, disability, stress, ignorance, lack of maturity, or lack of resources.

Physical Abuse

This is any physical force or violence that leads to injury, pain or impairment.

Sexual Abuse

Sexual abuse is any form of unwanted sexually motivated contact, including molestation, rape, and sexual acts with someone who lacks the mental capacity to consent.

Domestic Violence

This is an intensifying pattern of violence or intimidation used by an intimate partner (e.g. a husband, wife or partner) to gain power and control.

Psychological Abuse

This is the calculated infliction of mental or emotional distress made by threat or other verbal assaults, and sometimes non-verbal conduct.

Financial Abuse

This comes in many forms, including:

      • Taking money or property
      • Forging an older person’s signature
      • Getting an older person to sign important documents (such as a deed, Will, or Power of Attorney) through trickery, intimidation, or undue influence
      • Using the older person’s property or possessions without permission
      • Promising lifelong care in exchange for money or property and not providing the promised care
        Confidence crimes (“cons”). These are the use of deception to gain victims’ confidence
      • Scams e.g. fraudulent or deceptive acts
      • Fraud is the use of deception, trickery, false pretence, or dishonest acts or statements for financial gain
      • Telemarketing scams. Perpetrators call victims and use deception, scare tactics, or exaggerated claims to get them to send money. They may also make charges against victims’ credit cards without authorisation.

Claiming Compensation

Bringing a claim can be complex and stressful, so it is highly advised that you speak to an experienced abuse lawyer who can guide you through the process.

Many people feel immense relief after making contact with us, knowing they have taken the first step in seeking justice. When you contact us you won’t need to tell us all the details of what happened to you or your loved one. We will guide you with some simple questions so that we can assess your case and plan the next steps.

The first step in claiming compensation is to determine exactly who to make the claim for compensation against, for example one of the types of abusers listed above.

We’ll then determine how the claim is to be funded. We have the benefit of being able to obtain public funding from the Legal Aid Agency in many claims. Claims can also be dealt with on a No Win, No Fee basis. Once funding is in place we can then start to obtain as much evidence as possible to help prove your claim and assess its value.

If it’s then appropriate to begin Court proceedings, a formal legal claim begins in Court.

The general rule is that a claim must be brought within 3 years of the abuse occurring. In the case of a period of abuse, within 3 years of the last incident. This is called the limitation period. The Courts may hear your case outside of this period, but it can be difficult to persuade the courts to do so. We have a proven track record of bringing claims outside of the limitation period.

In most abuse cases, there’s no need to go to a final trial and many compensation claims can be settled out of Court. If it does proceed to trial, the person bringing the case may have to give evidence as a witness, but if this does happen, your Solicitor and a Barrister will provide advice and support at every stage.

For free legal advice call our Abuse Claims Solicitors

We're happy to help

Monday to Friday 8:30am-7:00pm

08002 605 010

08002 605 010

We're happy to call you

Simply click below to arrange a call

Request a call back

Request a Callback

This data will only be used by Simpson Millar in accordance with our Privacy Policy for processing your query and for no other purpose

Simpson Millar is a national law firm with over 500 staff and offices in Bristol, Cardiff, Kingston-upon-Thames, Lancaster, Leeds, Liverpool, London, Manchester, Morecambe and Southport.