Elder abuse lawyers
Elder abuse claims:
Your rights, our fight
At GMP Law, we are dedicated to protecting the rights and dignity of older Australians. Our team of experienced elder abuse lawyers understands the complexities of elder law and the devastating impact abuse can have on older individuals and their families.
We’re here to provide compassionate support, expert legal guidance, and vigorous representation to those affected by elder abuse.
Why Choose Gerard Malouf & Partners
Understanding elder abuse and elder law
According to the World Health Organisation (WHO), about 15% of people over the age of 60 worldwide are subject to abuse. In Australia, that number is estimated to be between 2% and 12% according to the National Ageing Research Institute (NARI) but it could potentially be higher due to poor reporting.
Elder law is an umbrella term for the set of regulations in place to protect Australia’s elderly population from physical, psychological and financial abuse.
What is elder abuse?
According to NARI, for an act to constitute elder abuse, it must include five components:
- The victim: The person being abused must be old enough to be defined as elderly. If you or a loved one are over the age of 55, you may have a case.
- Acts or omissions: This is the term for the abuse itself. Abuse can be constituted by one act or a series of acts, and can include neglect. It can be either intentional or unintentional.
- The abuser: Generally, the abuser must be someone for whom there was an expectation of trust to care for the victim, such as family members or professional caregivers.
- Pre-conditions: The context surrounding the relationship between the victim and the abuser explains why there was an expectation of trust.
- Impact: The abuse must have negatively affected the victim, causing physical, emotional or financial harm.
Types of elder abuse
Elder abuse can take many forms, including:
- Physical abuse
- Emotional or psychological abuse
- Financial abuse or exploitation
- Sexual abuse
- Neglect or abandonment
- Social abuse (isolation from friends and family).
Each type of abuse requires a different approach in terms of evidence gathering and legal strategy.
When to seek legal help for elder abuse
You should consider seeking help if you or a loved one have:
- experienced any form of physical, emotional, or financial abuse.
- been neglected by a caregiver or family member.
- assets or property misappropriated.
- forced to sign documents under duress.
- been denied necessary medical care.
- been isolated from family and friends against your will.
Early intervention is crucial in elder abuse cases. If you suspect abuse, don’t hesitate to reach out for legal advice. Our free initial consultation means you have nothing to lose by exploring your options.
Factors affecting compensation
Compensation can vary widely depending on the nature and extent of the elder abuse. It may include restitution of misappropriated assets, compensation for pain and suffering, and coverage of medical expenses.
Factors that can affect compensation, include:
- Nature of abuse and severity of harm
- Duration of abuse
- Age and vulnerability
- Financial impact
- Evidence available.
At GMP Law, we’re committed to helping you understand your rights and options. We’ll work tirelessly to ensure you receive the maximum compensation you’re entitled to under the law.
No Win No Fee
Fee transparency that you can trust
At GMP Law, we’re committed to ensuring you have nothing to lose.
If we don’t win your case, you won’t pay a cent for our services. This means you can focus on healing without worrying about legal costs.
How it works
No upfront costs
No contingency fee
We’ll only charge you if we win.
We maintain integrity by carefully evaluating each case. If we believe it’s unlikely to result in compensation or if the costs outweigh the benefits, we won’t take it on.
This commitment to our client’s best interests, as well as fee transparency, sets us apart from other law firms.
With a 98% success rate and over $4 billion in settlements, we’re dedicated to delivering exceptional results for our clients.
Frequently asked questions about elder abuse claims
How do I report suspected elder abuse?
You can report suspected elder abuse to local police, elder abuse helplines, or your state’s public advocate. Our team can guide you through this process and advise you on the best course of legal action.
What if the abuser is a family member?
We understand the sensitivity of these situations. Our approach is always centred on protecting the elderly person’s rights and well-being, regardless of who the abuser is. GMP Law specialises on institutional abuse claims, we can advise on legal options that minimise family conflict where possible.
GMP Law offers free initial consultations to help individuals assess their options. Our experienced elder abuse lawyers can guide you through the complex process of evaluating your situation.
How long do elder abuse cases typically take?
The duration can vary significantly depending on the complexity of the case and whether it goes to court. We strive to resolve cases as efficiently as possible while ensuring the best outcome for our clients.
Key challenges in elder abuse cases
At GMP Law, our extensive experience in handling elder abuse cases has given us unique insights into the challenges and complexities of these sensitive matters.
Identifying and proving abuse
- Elder abuse often occurs behind closed doors and may not leave visible marks.
- We work with medical experts and forensic accountants to uncover subtle signs of abuse and build compelling evidence.
Capacity and consent issues
- Abusers may claim the elderly person consented to financial transactions or changes in living arrangements.
- We employ psychiatrists to assess cognitive capacity and challenge claims or consent where appropriate.
Statute of limitations
- Some forms of elder abuse may have occurred over extended periods.
- We’re adept at arguing for extensions where possible based on delayed discovery or ongoing abuse patterns.
Real cases, real results
The compensation claim process: Your journey with GMP Law
Initial consultation
Evidence gathering
Claim submission
Negotiation
Court representation
Ongoing support
Our promise to you
Why trust GMP Law with elder abuse claim?
At GMP Law, we handle your claim so you can concentrate on what matters most: your recovery.
We commit to
Clear, straightforward communication
Regular updates on your case as it progresses
A personal injury lawyer who understands your unique situation
Vigorous negotiation to maximise your compensation
Empathetic support throughout your journey
Specialised knowledge
Our accredited personal injury lawyers have years of experience in accident injury claims, giving us deep insight into the nuances of these claims.
Proven track record
Difficult case policy
Australia-wide assistance
With lawyers across the country, we’re here to help, wherever you are.
Meet the elder abuse team
Meet some of the diverse and dynamic compensation lawyers who support our clients with their negligence claims.
We're here to help maximise your compensation
Book your free, confidential consultation with one of our elder abuse lawyers using the form below, or simply call us 1800 004 878.
