When I was younger, I didn't really see the point of spending a lot of time worrying about something as silly as liability. However, as my business continued to grow, I started to see the problems with some of our policies. I knew that I needed to consult with some lawyers to figure out how to protect our business, so I began focusing on taking care of things. I wanted to start a new blog to help other people to understand legal concerns, so I made this little website. I hope you can find information on the things you are looking for.
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Adults who decide to take on the care of their elderly parents are taking on a big responsibility that can be a major challenge. Unfortunately, it may result in a situation in which they accidentally harm or injure their parents. It may even cause them to be pursued in an elder abuse case that may or may not be deserved. If you are going through this type of case, it is important to understand its complexities.
Caring For Elderly Parents Can Be A Challenge
Deciding to take on the care of an elderly parent is a worthwhile task that can be a major challenge for many people. For example, you may suffer from personality conflicts that make the situation harder to handle. Just as bad, you may end up contributing to a kind of neglect that causes injury to your parents and which may be considered elder abuse.
Getting caught in this kind of case can be a frustrating and scary situation. There is a good chance that most children in this type of case didn't mean to hurt their parents. That said, they may find themselves being sued by family members because of their actions. Even worse, the liability is often a very obvious situation in these types of cases.
Liability Is Usually Open-And-Shut
If your parents suffered from injury as a result of your actions while under your care, there is a good chance you will be considered liable for their injuries. There are many elder abuse and neglect laws in place that are designed to protect the elderly population and which can put you in a very difficult and challenging legal situation.
That said, there is also a chance that you can defend yourself against what seems like unfair claims. That's because an injury to your loved one may not have been your fault, even if they were in your care. It is important to showcase this fact if you have any chance of winning this kind of family law case.
Defenses Against This Case
There are only a handful of defenses that you can use in a case like this one. The most likely defense you can use is to argue that you possessed a lack of criminal negligence. That's because elder abuse laws state that a person must have behaved willfully against the better needs of their loved one. This means that they left them alone on purpose, withheld their medication, or even physically injured them on purpose.
This kind of lack of intent is very crucial in these kinds of cases. Showing that you lacked intent requires finding witnesses who can state you had the best interests of your loved one in mind. It may also require testimony from medical professionals stating that you did not possess obvious intent. In this way, you may be able to win this type of case.
If you honestly didn't mean to hurt your loved one and want to win this kind of case, make sure to talk to a family law office like Assiniboia Law Offices right away. They can assess your case and help build a strong body of evidence to prove your innocence.
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