Honolulu Elder Abuse Attorneys
Elder Abuse Lawyer Representing Citizens of Honolulu
Elder abuse is a serious crime that pervades many families, nursing homes, and long-term care centers. Elder abuse can refer to physical, emotional, sexual, and financial abuse. It is important to seek legal counsel if you believe your elderly loved one has been the victim of any type of abuse. The Honolulu elder abuse attorneys at Potts & Potts have years of experience with this practice area and can meet with you about your case during a free consultation.
Why Choose Us?
- We put over 40 years of experience to work on each elder abuse, nursing home neglect, and mistreatment case. We have the resources and experience you need.
- We work closely with clients, providing one-on-one attention so that we can build the strongest possible case for each client.
- We never charge any attorney’s fees unless we win the case. Our firm accepts elder abuse claims on a contingency fee basis.
Do You Need an Elder Abuse Attorney?
It is not easy to navigate Hawai‘i’s elder laws alone. The individual or company responsible for abusing your elderly loved one may try to evade liability. The insurance company might deny a valid claim, or unfairly delay payout. An elder abuse attorney can make sure no one takes advantage of your family during the claims process. Your lawyer can take over claims negotiations, fight for fair compensation, and help your loved one achieve justice for his or her traumatic experience.
Respect For Our “Kupuna” People
The elderly in Hawai‘i are highly respected, more so than any other state in our country. The “kupuna” or elderly in Hawaiian culture hold a significant role in the Hawaiian society. What does “kupuna” mean? It is anyone that is elderly such as an ancestor, grandparent or relative. The kupunas are looked at with such respect because of the life-long experience they have gained and teach to the younger generations in the Hawaiian culture. The Hawaiians are taught to look after and have the utmost respect for the kupunas who have been practitioners of malama (caring), pono (righteousness) and aloha (love). They not only look after their own loved ones but those who are friends, relatives and strangers alike.
For most of us, there will come a time in our lives where we can no longer provide the care our elderly need to live their remaining years’ pain-free and happy. Caring for an elder can be a full-time job that requires constant supervision which most people cannot provide due to other life demands like work and caring for children. We will then be faced with the difficult decision of having to place our sacred trust of care for our kupuna into the hands of nursing homes and related facilities. Everyone can relate to this fact because most of us have had parents and grandparents that eventually require a higher level of care, not to mention, we all become senior citizens ourselves.
Caring For Our “Kupuna”
Nursing homes and related facilities are reminded of how sacred the elderly (or “kupuna”) are to the people of Hawai‘i every time Dennis and Trevor successfully prosecute a claim against them. As a consequence, these facilities are forced to take accountability and increase the level of care it provides to its residents by directing its resources into measures designed to ensure the safety of our elderly. This is why Dennis and Trevor are determined to keep nursing homes and related facilities accountable through their vigorous prosecution of these claims. They are passionate about protecting our kupuna because they are, or someday will be, kupuna themselves.
What Is Elder Abuse?
Elder abuse refers to any intentional, knowing, or negligent action or omission that impacts a vulnerable older adult. Typically, elder abuse refers to someone in a caregiver position victimizing the elder in need of care. All 50 states, as well as the federal government, have laws criminalizing elder abuse. Elder abuse can consist of physical abuse, neglect, malnourishment, abandonment, emotional abuse, sexual assault, or financial exploitation.
What constitutes elder abuse in Honolulu under Hawaii law?
Elder abuse in Hawaii includes physical, emotional, sexual, or financial abuse, as well as neglect or abandonment of a vulnerable adult aged 60 or older. This can occur in nursing homes, care facilities, or private homes, often by caregivers. Hawaii’s Adult Protective Services Act ensures legal recourse for victims.
Why is elder abuse a significant issue for Hawaii’s kupuna?
In Hawaiian culture, kupuna (elders) are revered for their wisdom and aloha. Abuse violates this cultural respect, especially in Honolulu’s growing senior population. With over 20% of Hawaii’s residents over 60, protecting kupuna from neglect in care facilities is critical.
How can I recognize signs of elder abuse in a Honolulu nursing home?
Signs include unexplained injuries, sudden weight loss, withdrawal, or financial discrepancies. In Honolulu, where nursing homes serve many kupuna, these red flags may indicate neglect or abuse. Prompt reporting to authorities and an attorney is essential.
What is the statute of limitations for elder abuse claims in Honolulu?
Hawaii’s statute of limitations for elder abuse claims is typically two years from the date of the incident or discovery of abuse. Early consultation with an attorney ensures evidence, like medical records, is preserved for a strong case.
Can I pursue an elder abuse claim if my loved one lives in a Honolulu care facility?
Yes, Honolulu care facilities are accountable under Hawaii law for neglect or abuse. Attorneys can investigate facility records and staff conduct to build a case, ensuring justice for your kupuna and improved care standards.
What compensation is available for elder abuse victims in Honolulu?
Victims may recover economic damages (medical costs, relocation expenses) and non-economic damages (pain, suffering, emotional distress). In cases of gross negligence, punitive damages may apply to punish wrongdoers, per Hawaii law.
How do Honolulu’s cultural values influence elder abuse cases?
Hawaii’s reverence for kupuna, rooted in aloha and malama, underscores the urgency of elder abuse cases. Courts in Honolulu often view such cases seriously, supporting claims that protect elders’ dignity and right
Why choose a Honolulu-based attorney for an elder abuse case?
A local attorney understands Hawaii’s unique laws and cultural respect for kupuna, ensuring a tailored approach. Potts & Potts, with over 50 years of experience, offers personalized representation to hold abusers accountable.
Signs of Elder Abuse
It is often up to a victim’s friends and family members to detect elder abuse. Most victims do not come forward on their own, either from fear of retaliation or due to mental incapacities such as dementia. As a loved one, you may be able to detect signs of elder abuse or neglect from a caregiver or at a nursing home in Honolulu.
- Unexplained physical injuries
- Bedsores
- Frequent trips to the emergency room
- Thin, sagging, or pale skin
- Signs of dehydration
- Bloody undergarments
- Sexually transmitted diseases
- Depression or anxiety
- Feelings of guilt or shame
- Mood swings
As soon as you notice any potential signs of abuse or neglect, speak to your loved one about the situation. You may need to report the situation to an authority, such as a manager or the police. Get your loved one to a safe place, away from the suspected perpetrator. Then, contact our Honolulu elder abuse attorneys.
Your Rights Under Hawai‘i’s Elder Laws
Caregivers owe certain duties of care to their clients. The same is true for nursing homes, financial planners, estate planners, and other professionals who work with the elderly. Breaching these duties and causing harm to the elder individual, as a result, is cause for legal action. The victim will have grounds to file a claim against the perpetrator on the basis of negligence or intent to harm. A claim could result in compensation for the victim.
About Dennis W. Potts
Dennis W. Potts is a preeminent Honolulu attorney with over 50 years of experience advocating for Hawaii’s kupuna in elder abuse and neglect cases. As a lifelong resident of Hawaii, Dennis deeply understands the cultural reverence for elders and is committed to protecting their rights. His extensive trial experience includes securing multimillion-dollar settlements for victims of nursing home abuse and neglect. Located at 841 Bishop Street, Suite 1628, Honolulu, HI 96813, Dennis provides personalized, compassionate representation to ensure justice for your loved ones. Call (808) 537-4575 for a free consultation.
- Over 50 Years of Legal Experience: Since 1971, Dennis has successfully represented clients in elder abuse and personal injury cases across Hawaii, securing substantial settlements for victims of neglect.
- AV Rating from Martindale-Hubbell: Recognized for exceptional legal ability and the highest ethical standards, reflecting his expertise in elder abuse law.
- Admitted to Multiple Courts: Licensed to practice in Hawaii and California state courts, as well as federal courts, including the U.S. District Court for the District of Hawaii and the Ninth Circuit Court of Appeals.
- Member of Prestigious Legal Associations: Active in the Hawaii State Bar Association and the American Association for Justice, demonstrating leadership in the legal community.
- Proven Advocate for Kupuna: Deeply rooted in Hawaii’s culture, Dennis has a track record of holding negligent care facilities accountable, protecting the dignity of Honolulu’s elders.
About Trevor Potts
Trevor S. Potts, born and raised on Oahu, is a dedicated Honolulu attorney passionate about protecting Hawaii’s kupuna from elder abuse. Since joining his father’s practice in 2017, Trevor has leveraged his experience in personal injury and elder abuse cases to secure justice for victims. Located at 841 Bishop Street, Suite 1628, Honolulu, HI 96813, Trevor is committed to the Aloha Spirit in his advocacy. Contact him at (808) 537-4575 for a free case evaluation.
- Extensive Experience Since 2017: Trevor has handled numerous elder abuse cases, advocating for victims in Honolulu’s nursing homes and care facilities with a client-first approach.
- Top 40 Under 40 by The National Trial Lawyers: Recognized annually since 2017 for outstanding legal skill and dedication in personal injury and elder abuse law.
- Top 10 Attorney for Personal Injury in Hawaii: Honored by Best of the Best Attorneys in 2021 and 2022 for excellence in representing elder abuse victims.
- Juris Doctorate with Honors: Graduated from Thomas Jefferson School of Law with the Jefferson Medal for Sports Law and the Witkin Award for Academic Excellence.
- Local Roots, Global Reach: Admitted to practice in Hawaii and California state and federal courts, Trevor combines Oahu-born cultural understanding with robust legal expertise.
Honolulu Elder Abuse Attorneys Are Here To Help You!
If you believe you or someone you know has been the victim of elder abuse in Honolulu, contact an attorney right away. The attorneys at Potts & Potts can meet with you at our local law office or your home, review the facts of your case, and let you know if you have a claim. If we accept your case, we can help you hold an abuser accountable for your damages. Call (808) 537-4575 for a free evaluation with our Honolulu personal injury lawyer.