What are the enhanced remedies under the elder abuse statutes?
The plaintiffs in an elder abuse case are entitled to recover monetary damage for the elder’s pain and suffering, even if the elder dies before trial. This makes elder abuse cases different from any other personal injury case where the right to recover damages for pain and suffering dies with the plaintiff. Further, if the plaintiff prevails in an elder abuse case, he or she is entitled to recover attorneys’ fees. This is a particularly significant element of elder abuse cases because frequently the attorney fee award can be higher than the actual damage awarded to the plaintiffs.
