Fort Myers Elder Abuse Lawyer
Florida’s Elder Exploitation Statute gives vulnerable adults the ability to sue a person who has victimized them through financial abuse or other abuse, neglect or exploitation. The experienced courtroom litigators at Kuhn Law Firm, P.A. in Fort Myers help vulnerable adults, their guardians or estate representatives hold abusers accountable for the damage they have caused. Our Fort Myers elder abuse lawyers pursue claims against perpetrators in Lee, Collier & Charlotte counties, seeking repayment for all the damage they have caused along with financial penalties to the maximum extent allowed by law.
Elder Financial Abuse – Civil Actions under Florida Statutes 455.1111
Florida’s Elder Exploitation Statute defines a vulnerable adult as any individual 18 years old or older who cannot care for oneself due to mental or emotional disabilities or infirmities of aging. The law protects these individuals who have been abused, neglected or exploited by providing them with a legal claim against the perpetrator. This lawsuit can be brought by the victim personally, or by the victim’s guardian or other representative, as appropriate. A claim can also be brought by the personal representative of the victim’s estate, if the victim is deceased.
A lawsuit can be brought under this statute for any deprivation or infringement on the rights of the vulnerable adult. A victim can recover both actual and punitive damages against a perpetrator. Actual damages means the actual losses or harm caused by the abuse, whether it is physical, emotional or financial. Punitive damages are financial awards made solely to punish the perpetrator for particularly outrageous or unacceptable conduct, and to serve as an example to others of the type of conduct society will not tolerate. Punitive damages are typically measured depending on the financial resources of the perpetrator and the outrageousness of the conduct. In addition, the prevailing party can recover his or her attorney’s fees along with the costs of the lawsuits from the other party.
With years of experience handling probate litigation, trust litigation, and guardianship litigation, the attorneys at Kuhn Law Firm, P.A. are well-versed in the many ways an unscrupulous family member can abuse or exploit a vulnerable adult through the exertion of undue influence or other unacceptable activity. We use all the tools provide by the elder abuse statute to hold perpetrators accountable for their misdeeds and recover the maximum compensation for their victims.
Help is Available to Stop, Prevent and Remedy Elder Financial Abuse
If you believe that you or a loved one has been abused or financially exploited by another, contact Kuhn Law Firm, P.A. in Fort Myers for a no-cost, confidential consultation about your concerns. Our Fort Myers elder abuse lawyers take cases throughout south Florida in Lee, Collier and Charlotte counties.