Our elderly in society are particularly vulnerable. Sometimes our elderly relatives may need assistance outside the family, either by professionals visiting their home or by being placed in a care home.
Instances of sexual and physical abuse or neglect of the elderly by those who are meant to be caring for them is not uncommon. Often, the elderly person will not realise that they are being abused or may not be able to speak up about the abuse through fear or due to age, infirmity or their medical condition.
It is very difficult for visiting family and friends to know about the abuse and take action if the elderly person is unable to speak about what is happening or has happened to them. It is therefore important that we are all aware of the signs of elder abuse.
If you suspect that an elderly person is being abused or have concerns about their care, you can raise those concerns with the local authority’s adult safeguarding team. If you believe that someone is in immediate danger you should not hesitate to call the police.
Age UK has lots of helpful information and resources on its website.
If the elderly person is unable to speak about the abuse themselves, they will of course need assistance to report the abuse or to contact a solicitor for legal advice.
This will not prevent them from obtaining legal advice. The elderly person can have a representative, who may be a family member or friend.
Frequently Asked Questions
How do I pursue a claim on behalf of my elderly relative?
If an elderly friend or relative has suffered abuse, our specialist solicitors will advise you of the options available.
If a civil claim is to be pursued and the elderly person cannot speak for themselves, you can act as their authorized person. If court proceedings need to be issued you can be officially appointed as a Litigation Friend.
How long will the case take?
There are a number of factors which can affect how long a claim takes. Generally, a civil claim for sexual or physical abuse or assault can be concluded within 6-12 months.
We will provide you with regular updates as your claim progresses.
How do you work out how much compensation should be paid?
Each claim is different. We will assess your claim and give you an idea at the outset of the likely compensation you can expect to receive.
When a court assesses compensation, they have official guidelines to assist the judges working out how much a defendant should pay. They also look at other similar cases.
We have access to all this information. We will review this and also use our expertise and experience to assess the value of the claim and the level of damages the elderly person should receive.
How will the case be funded?
The majority of abuse claims are funded by a Conditional Fee Agreement (CFA), this is also known as a ‘no-win, no-fee’ agreement. The way these agreements work means that you do not have to pay anything to us upfront.
If you successfully recover damages, the majority of your costs will be paid by the other side. You may have to contribute to costs out of any compensation recovered, but this will not be more than 25%.
We may advise you to take out After the Event (ATE) Insurance on your claim, depending on the case. If we consider that this should be taken out we will discuss this in detail with you.
Any ATE premium will only be payable if you win and will not need to be paid until the end of the claim.
Further information and resources
Why choose Oakwood Solicitors Ltd?
At Oakwood Solicitors, we have dedicated lawyers with over 20 years of experience, acting for survivors of sexual and physical abuse.
We understand how difficult it can be to bring a claim, and we are committed to dealing with your case in a sensitive way.
You will have a dedicated solicitor who will deal with your claim from start to finish, and who will be able to speak to you at times convenient to you – even if this is outside our normal office hours.
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