Is Elder Financial Abuse a Tort or Do You Simply Give Back the Money?

Elder financial abuse could be a tort if there is bodily harm, or if someone is hurt for financial gain, which would be property damage.

Q: Are there also criminal issues that relate to elder abuse and elder financial abuse?

In Nevada, there is statute NRS 200.5099 which is the elder abuse neglect, exploitation and isolation law. Those are criminal matters with criminal penalties.

Q: If there are criminal penalties, does it make your case stronger?

Yes. Ifthe person is guilty of a criminal act, it makes the case stronger because, in criminal law, there is a higher burden of proof. If the person is charged and they have gone to trial and they can prove it beyond a reasonable doubt, it makes the civil claims, which are under the preponderance of the evidence standard of proof, easier to prove.

Q: What are the criminal and civil penalties for elder abusers?

In Nevada, the criminal can be charged with a gross misdemeanor as long as there is no substantial bodily harm or mental harm, but that is for a first-time charge. If there is a later charge, it can be a category B felony.

Attorney Patrick Leverty

Attorney Patrick LevertyWith his master’s in insurance law, Patrick routinely helps individuals and businesses who are having issues with their insurance company. He also has extensive experience with personal injury actions, complex tort actions, product liability matters, and class actions. Patrick Leverty is rated AV by Martindale Hubbell (the highest rating) and has been granted membership in the Million Dollar Advocate Forum, and Multi-Million Dollar Advocate Forum. Patrick Leverty has been certified as a Personal Injury Specialist by the State Bar of Nevada. [ Attorney Bio ]