Elderly Abuse Compensation Claims

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Elderly Abuse Compensation Claims

For a voice in your corner

Older people are often vulnerable, and this puts them at heightened risk of abuse. Whether that means financial abuse, physical abuse, neglect, or any other type of abuse, the consequences can be serious. As a family member, it can sometimes be hard to know what to do if you have concerns an elderly person has been experiencing abuse. It's especially difficult if the abuse is committed by a health or social worker who is there to help.

When elderly people have suffered abuse, the consequences for their physical and mental health can be long-lasting. Along with any costs associated with their care (for example, if they live in a care home), there may also be medical expenses and other costs. That's where Switalskis can help.

If you or an older relative have experienced abuse that left mental or physical injuries, you may be entitled to make an elder abuse claim. Switalskis' personal injury experts can support you through this process, and help you to seek justice for the abuse inflicted on you or a loved one. Compensation can help to cover any financial losses, and compensate you for any pain and suffering caused by your abuser.

Contact us today to start your journey towards justice with our supportive team by your side.Call us today on 0800 1380 458, or contact us through the website.

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How Switalskis can help you

If you've been abused as an elderly person, or you know someone who has, Switalskis is here to help. Elderly abuse claims can seem daunting, but our solicitors will help to guide you towards the best possible outcome. We're compassionate, understanding and professional. We offer a free initial consultation where you can discuss your circumstances and start the process of claiming compensation.

Once we understand the details of your situation, we can make sure that all our advice is practical and will carry you closer to the outcome you want to achieve. Because of our experience in elder abuse compensation claims, we know how to take into account the emotional and financial consequences of the abuse when calculating how much compensation you might be owed. Our experts have worked on cases involving all of the following:

  • physical abuse
  • sexual abuse
  • financial abuse
  • neglect

Switalskis' elder abuse lawyers have worked with older people and their families to pursue justice. We can often deliver legal assistance on a no win, no fee basis, which allows everyone equal access to justice. Finally, we can make recommendations for appropriate treatment and help you claim the compensation you need to cover any costs. Our aim is to put you back into the position you would have been in if the abuse had never taken place.

Read what our clients had to say about the help they received from Switalskis

What is the elder abuse compensation claims process?

An elder abuse claim can seem daunting if you don't know what to expect. While every case is different, there is a structure to the process that can help you to understand what's happening and what to expect.

Step 1: Initial consultation

We'll offer a free initial consultation where we'll talk about your situation in more detail and assess whether or not we believe you're entitled to claim. By understanding the specifics of your situation, we'll be able to calculate a fair compensation amount.

Step 2: Establishing your claim

If you decide to move ahead, we'll start to gather evidence to form the basis of your case. This may include medical reports, eyewitness statements, and anything else that can prove not only that incidents of abuse happened to you, but show the extent of the harm they caused.

Step 3: Notifying the defendant

Once we've built your case, we’ll formally notify the liable party. When abuse happens in care homes or, it may be owners, managers or individual members of staff, we will often notify the responsible party and then liaise with their insurance provider, as it may then be their decision whether or not to accept liability.

Step 4: Negotiation

At this stage, the defendant will often admit their liability. If they do, we can begin to negotiate over a fair compensation amount. Switalskis will use its experience to pursue an amount that covers all of your needs (or those of the elderly person involved).

Step 5: Court proceedings (where necessary)

If the other party investigates the claim and denies that they are liable for elder abuse, the case may proceed to court. Your solicitor will represent you in court and fight to secure the compensation you're owed. Thanks to our experience, we know what it takes to win.

Step 6: Settlement and compensation

When a final compensation amount has been agreed, we'll make sure the defendant pays you what they owe you. We can also offer ongoing support beyond the point that your claim ends.

We recognise that taking legal action can seem daunting, especially when you’re already coping with the aftermath of abuse. Our goal is to simplify the process and ease your concerns, and we'll provide clear updates on the progress of your case at all stages. That way, you can focus more of your energy on overcoming your abuse.

Are there time limits for elder abuse claims?

Typically, elder abuse compensation claims should be initiated within three years of when the abuse took place. This may begin from the date that a specific injury took place, or from the point that the abuse was discovered, if you're claiming on behalf of an elderly relative. There is sometimes flexibility with this time limit if there are reasons why vulnerable adults or their representatives could not have come forward sooner.

There is also a specific exception that applies to people who lack the mental capacity to make decisions for themselves. The time limit is often deferred in these cases, which means that you can make a claim on the person's behalf at any time. If the person regains their mental capacity, the time limit may start to apply at this point.

How much compensation can you get in elder abuse claims?

The amount of compensation awarded in elder abuse claims varies significantly according to the specifics of each case. Factors that are considered include the type of abuse, the extent of harm suffered, and any financial losses resulting from the situation. Each case is assessed individually and compensation awards reflect the unique circumstances based on the evidence presented. Payments consist of two types of compensation:

  • General damages: this compensation covers the pain, suffering and loss of amenity experienced due to the abuse. It depends on the severity of the injury and its impact on the victim’s life. As such, minor injuries like bruises or cuts may result in lower awards, while more severe injuries, such as fractures, dislocations, or permanent physical impairments, may lead to higher compensation. You can also claim for psychological or emotional harm, including such conditions as anxiety, depression, or post-traumatic stress disorder. The Judicial College Guidelines provide a range of award amounts for different types of physical injuries that act as the basis for general damages.
  • Special damages: this compensation covers any financial losses related to elder abuse. This means any costs for medical treatment, adaptations to your home or vehicle, or other outgoings that were necessary because of the abuse. It includes costs incurred in rectifying the abuse, such as legal fees, financial restitution, and other expenses associated with recovering lost assets. In cases of financial abuse in particular, compensation is generally calculated based on the actual losses suffered.

The team at Switalskis will take into account every detail of your situation to secure compensation that meets your specific needs.

What are the funding options for elder abuse compensation claims?

For most elder abuse claims, Switalskis works on a no win, no fee basis. This means that if your claim is successful, an agreed percentage of your compensation will go towards covering legal fees. Otherwise, you will not need to pay legal costs, which can help you to secure justice with minimal financial risk.

You may also have access to other funding options, such as legal expenses insurance through your home or car insurance policy. If you have any concerns about the finances of pursuing a claim, contact our team today for help to explore your funding options.

Why Switalskis?

Cases of elder abuse demand a combination of sensitivity and thoroughness that not all legal teams can provide. Switalskis' approach is underpinned by the following principles that should make us your first choice for the legal support you need:

Clarity in complexity

Personal injury claims can be daunting and confusing, but Switalskis is committed to making it simple. Our legal experts are experienced in breaking down complicated legal language and processes into the basics that you need to understand. We'll make sure you always know what's going on and feel empowered to make decisions about your claim.

Empathy at every step

Recovering from elderly abuse can be emotionally and physically taxing, with implications for every aspect of your day-to-day life. Switalskis' solicitors understand these difficulties, and we approach every case with empathy and respect. If you need support beyond practical legal advice, we can put you in touch with resources that will help.

Expertise you can trust

With an in-depth understanding of the laws designed to protect elderly people and the intricacies of personal injury law, our specialists are in the best position to represent you during a compensation claim. We're committed to securing justice for you and will make sure you have the best chance of success.

Championing your rights

We're committed to making sure your voice is heard and advocating for your legal rights at all stages of the legal process. Many elderly people face abuse in care homes and in other situations, and we will always fight to secure justice for every victim we can help.

What are the types of personal injury claims?

Personal injury claims come in various shapes and sizes, each with its own set of rules, challenges and considerations. At Switalskis, we've got the expertise to handle a wide range of personal injury claims. Here's a quick rundown of the various types of personal injury claims we can help you with:

Find out how Switalskis can help you

At Switalskis, we’re committed to providing the expert, compassionate support you need.

Reach out to us for a confidential, no-obligation chat by calling us on 0800 1380 458 or contacting us through the website.

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