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Elder Abuse Claims

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It can be extremely distressing to discover that a parent or loved one has experienced abuse, especially while their care was entrusted to professionals. Our solicitors can help you to secure compensation from the organisation responsible, which can help to fund care needs for the future.

If you want to discuss a potential elder abuse claim with us, please contact us to arrange free and confidential initial consultation.

Our expert abuse lawyers can help you to claim for abuse in a care or nursing home. We can also help with inquests in the tragic case that someone has died because of abuse.

What is elder abuse?

Elder abuse or neglect happens when a person or organisation in a position of trust causes harm or distress to an older person. This can either be deliberately, or by failing to provide necessary care. 

These cases can be complex, and it may seem difficult to prove that abuse has taken place. It can be harder if the older person has dementia or any other condition that reduces their decision-making abilities.

Our expert abuse solicitors have extensive experience managing all types of elder abuse claims. You can be sure your loved one’s claim is being handled by someone with the knowledge to successfully get compensation.

Why choose Irwin Mitchell’s elder abuse claims solicitors?

Our team of solicitors are equipped to provide clear, expert advice on all kinds of elder abuse claims. We’ve a long history of handling claims on behalf of elderly people in a variety of settings, including nursing homes, hospitals, and in the home.

If you’re concerned about your loved one being able to make decisions about finances or their welfare, our Court of Protection solicitors can help. We’ll make sure your loved one’s best interests are looked after.

We can also help if your loved one lives in Scotland. Our Scottish abuse solicitors are led by Kim Leslie, leader in abuse claims in Scotland. Kim and her team understand the unique aspects of Scottish law and are experienced getting compensation for Scottish clients.

As well as leading legal advice, our Support and Rehabilitation Coordinators will be there to help identify and locate the support your loved one needs. This support will always be local and could be physical or psychological support.

Our offices are located across the UK and have confidential spaces where you can discuss your claim. We can also meet you at an appropriate location or arrange phone or video calls if that works better for you.

Legal aid may be available in some cases
Offices across the UK
Significant experience dealing with elder abuse cases
Significant experience dealing with elder abuse cases

Call us for a free initial consultation

0800 056 4110

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Tom Fletcher
Tom Fletcher Partner - Head of Abuse Meet The Team

Elder Abuse Compensation Claims - More Information

Every elder abuse claim will take differing amounts of time. One key factor in how long a claim will take is if the organisation accepts liability. If they do, your claim will likely settle quicker.

If they don’t accept liability, your elder abuse claim can take slightly longer.

No matter how long your claim takes, we’ll be by your side.

The first step to making an elder abuse claim is to contact our team. We’ll arrange a free initial consultation, where we’ll find out more about what’s happened to you or your loved one. Here, we’ll also discuss funding options with you.

You’re under no obligation to use our services after this, but if you do, we’ll start gathering evidence to build your claim. Evidence in elder abuse claims can include:

  • Medical records
  • Witness statements
  • Records from criminal proceedings
  • CCTV (if applicable).

We’ll then take your elder abuse claim to the individual or organisation responsible. If they accept liability, we’ll begin working on agreeing a compensation amount and settling your claim.

If they deny liability or disagree with the compensation amount, we can take your claim to court. Although most elder abuse claims are settled out of court, it can sometimes be the best way to settle a claim. Even when a court date is set, a settlement can still be reached.

We’ll be with you every step of the way, offering expert advice and support throughout.

How much compensation you get for an elder abuse claim depends on several factors that vary from case to case.

When calculating your compensation, we take several things into account, including:

  • The type of abuse experienced
  • The extent of the abuse, and how long it's gone on for
  • Physical injuries sustained
  • Psychological trauma
  • Any physical and psychological treatment needed now and later.

When you tell us more about what’s happened to you or your loved one, we’ll be able to offer more information on how much you could claim. Contact us today to start your elder abuse claim.

Peter

“I just felt that they were very competent and that I could trust them, which is very important in a case like this. It’s hard to explain – I have nothing but praise about how we were treated.”

Peter, London

Frequently Asked Questions

When could you make a claim for elder abuse?

It's difficult to think about an older member of the family being abused, but unfortunately there are many well-documented cases of this happening.

Abuse is a deliberate act of harm, which may be physical, sexual, or emotional in nature. It often happens when somebody misuses their position of trust.

Alternatively, a claim can be made for neglect. This happens when the person or organisation responsible for somebody's basic care fails to provide it. This might include an older person being harmed while they were left unsupervised, or being denied medical care, food and drink, or hygiene.

Even if your relative or loved has passed away or lacks the mental capacity to give evidence of abuse themselves, it may still be possible to make a claim on their behalf.

It can be difficult to know whether you’ve a valid claim for abuse or negligence, especially if you suspect it’s happened but don't yet have any proof. Please contact our team to start your claim

Where can elder abuse take place?

While hospitals, care, and nursing homes are often reported as the settings for abuse, a 2020 study by Hourglass on Elder Abuse found that at least one in six older people are abused every year.

The abuser is often someone who’s well-known to the person being abused. They may be a nurse, a health or social worker, a volunteer, or even a friend or relative. Often, the abuse takes place in a one-on-one setting, when there’s nobody else around to witness what's happening. Sometimes, it can involve multiple abusers at once.

We’ve extensive experience in helping people of all ages who’ve experienced abuse to get justice and the compensation they deserve.

Can I make a no win no fee elder abuse claim?

We can take elder abuse claims on a no win no fee basis. This means there’s nothing to pay upfront and nothing to pay if your claim is unsuccessful.

There are other funding options available. Often, one of these other options might be more suitable for you.

We’ll discuss all funding options with you and help you understand what’s best for your claim.

Can you help with Scotland Redress claims?

Yes, we can help with Scotland Redress claims.

Our dedicated Scotland abuse team are ready to help anyone who experienced abuse in a Scottish care home before 1 December 2004.

Read More FAQs

Related Information - Elder Abuse Claims

Church Abuse Child Claims - More information about claiming compensation for church child abuse
Personal Injury Trusts - setting up a personal injury trust can protect your means tested benefits after a compensation award
Claims Against Police - What to do if you've been treated unfairly by the police
Criminal Injury Compensation Authority - Find out about how CICA can help you

Scottish Flag All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.

 

About Irwin Mitchell

Founded in Sheffield in 1912, Irwin Mitchell has always been a bit different. Our advisers really get to know the people and business that we help.

We have offices around the UK so wherever you are, our experts can help.

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