Civil Elder Abuse Defense Lawyers in San Diego
Defense for Civil Lawsuits Alleging Elder Abuse
Abuse and neglect of the elderly – persons age 65 and older – is a serious offense punishable by both criminal and civil penalties in California.
According to the California Welfare & Institutions Code Section 15610 – known as the Elder Abuse and Dependent Adult Civil Protections Act – elder abuse can be:
- Physical abuse
- Financial abuse
- Other treatment resulting in harm, pain, or mental suffering
Quite often, the loved ones and family members of abused elders seek justice by pursuing a civil lawsuit against the perpetrator. If you or your organization has been the target of a civil action from someone alleging elder abuse, the Law Office of George Gedulin can represent you. Our team crafts strong, informed, and personalized defense strategies for every case we take on.
Contact us online or call (858) 281-4605 to discuss your case with our firm.
Defending a Claim Under the Elder Abuse Act
In order to qualify for a civil elder abuse cause of action under the Elder Abuse Act, the plaintiff must prove that you, the defendant, had care or custody of the elder and that you accepted total responsibility for the elder’s basic care needs.
At a minimum, they must establish that you:
- Were responsible for supplying necessities, including food, hydration, hygiene, or medical care
- Were aware of the conditions that made the elder unable to obtain those necessities on his/her own
- Denied these necessities with knowledge that it would harm the elder
In this situation, the plaintiff has to meet a high burden of proof. Our civil elder abuse defense attorneys in San Diego understand the various defense strategies we can employ to prove a lack of negligence or that you or your organization were not solely responsible for the elder’s basic care in the first place.
Choose the Law Office of George Gedulin
Allegations of elder abuse are serious – to protect yourself and your organization, it is vital that you seek legal representation. At our firm, we offer representation for both civil and criminal elder abuse allegations. With our help, you have a better chance of mitigating, reducing, or avoiding the harsh penalties of an unfavorable judgment.
Contact our San Diego civil elder abuse attorneys at (858) 281-4605 now.
2 Years Jail. All Other Charges Dismissed. 16 Counts, Unlawful Sexual Intercourse with a Minor
Client charged with multiple sexual assault offenses, facing 16 years in prison. Convicted of One Count of Sex with a Minor, 2 years Jail, All other charges dismissed.
2 Years in Jail. Remaining Charges Dismissed 24 Count, Insurance Fraud Conspiracy, Grand Theft in excess of $250,000
Client charged as head of conspiracy to present false claims to insurance companies, losses over $250,000. Client facing 22 years in State Prison. Convicted of two counts of insurance fraud, sentenced to 2 years in jail, remaining charges dismissed.
Dismissed with No Jail Time, Probation Only Assault with Deadly Weapon, Robbery, Burglary
Client charged with multiple counts, potential 14 year sentence. Released with no custody.
Dismissed Charges Assault with semi-automatic Firearm, Criminal Threat, Domestic Violence
Charges exposed client to 8 years in State Prison and two serious strike felonies. Court dismisses all gun related charges at preliminary hearing, client pleads to domestic violence charge only, no custody.
30 Days Probation, Case Dismissed. Attempted Murder
Client charged with Attempted Murder in connection with the death of her husband suffering from a fatal illness. Defense investigation revealed that statements of witnesses were unreliable and unfounded.
Case Dismissed Auto Insurance Fraud
Naval Officer accused of making fraudulent insurance claims on his vehicle, charged with three felony offenses. Case Dismissed after defense investigation and negotiation with District Attorney.
Case Dismissed on Motion Auto Insurance Fraud
Client charged with two felony counts of Auto Insurance Fraud.
Not Guilty. Case Dismissed. Burglary, Theft, Identity Theft
Client was charged with criminal Burglary, Grand Theft and Identity Theft from local retailers. Defense investigation revealed client was not individual shown on security cameras
Reduced Charge Plea Deal Child Molestation Accusation
Career Professional Client facing child molestation charges, requiring lifetime sex registration. Defense negotiated plea deal for non-offender charge of misdemeanor assault.
Not Guilty, Client Acquitted Of All Charges Child Pornography
Client on Probation for Sexual Assault. Arrest and accusation of child pornography possession. Defense employs forensic investigation of all seized evidence and finds no evidence of child pornography.