Financial Exploitation of the Elderly in Bloomington IL Decatur IL Clinton IL

Financial exploitation of the elderly: what you need to know

Financial exploitation of the elderly or a person with a disability

Illinois law protects victims of financial exploitation of the elderly.

“A person commits financial exploitation of an elderly person or a person with a disability when he or she stands in a position of trust or confidence with the elderly person or a person with a disability and he or she knowingly and by deception or intimidation obtains control over the property of an elderly person or a person with a disability or illegally uses the assets or resources of an elderly person or a person with a disability.” 720 ILCS 5/17-56(a)

Illinois law allows victims to recover three times the amount of their loss

“A person against whom a civil judgment has been entered for financial exploitation of an elderly person or person with a disability shall be liable to the victim or to the estate of the victim in damages of treble the amount of the value of the property obtained, plus reasonable attorney fees and court costs.” 720 ILCS 5/17-56(g).

Who can bring a claim?

Any person over 60 can bring a claim for financial exploitation of the elderly.

What defendants are covered by the act?

A person stands in a position of trust and confidence with an elderly person or person with a disability when he (i) is a parent, spouse, adult child or other relative by blood or marriage of the elderly person or person with a disability, (ii) is a joint tenant or tenant in common with the elderly person or person with a disability, (iii) has a legal or fiduciary relationship with the elderly person or person with a disability, (iv) is a financial planning or investment professional, or (v) is a paid or unpaid caregiver for the elderly person or person with a disability.

Other potential claims

Victims of financial exploitation should also consider claims for:

  • Breach of Fiduciary Duty
  • Breach of Contract
  • Common Law Fraud
  • Conversion
  • Replevin
  • Tortious Interference with Expectancy
  • Petition to Set Aside Fraudulent Transfers
  • Appointment of Guardian
  • Action for an Accounting

Past results

  • Recovery of approximately 80 acres of farmland and $62,500 in breach of fiduciary duty case for an elderly client.
  • Judgment for $565,000 plus recovery of $250,000 in real estate for a disabled man.

In an accident? Follow these helpful tips.

So you are involved in an auto accident. What should you do at the scene? First, take a deep breath and get control of your emotions. Whether immediately or in the days after, be careful not to act or speak out of anger, confusion, panic or fear. Many insurance companies provide a simple form or guide to assist you in recording details in the immediate aftermath of the accident. It’s a good idea to keep one of these with your insurance information in the glove compartment. Follow these recommendations to:

  1. Notify police and get proper medical attention for everyone involved immediately. Make the scene as safe as possible while waiting for their arrival.
  2. Be polite, but never make unnecessary comments or statements — certainly do not admit liability. Don’t discuss your accident with anyone except the police or a known representative of your insurance company.
  3. Don’t assume or state you’re uninjured if you’re not sure. That little bump on the head, minor headache, brief loss of consciousness or period of being dazed and confused, little bruise or swelling, or “crick” in the neck maybe more significant than you think and may be much more severe the next day. Don’t hesitate to get it properly evaluated.
  4. Write down the names and driver’s license numbers and contact information of any persons involved as vehicle operators or owners. Get their insurance information if possible. Get names, contact information, and a brief description of the nature of injuries for any injured party.
  5. Briefly describe the vehicles involved and write down their license numbers
  6. Be sure to write down the names and contact information of any witnesses.
  7. Write down the name and badge numbers of any police officers investigating the accident and find out how you can obtain a copy of the police report.
  8. Take advantage of today’s technologies, like your cell phone, to photograph damages, injuries, or accident scene details.
  9. Don’t rely on memory. As soon as practical, jot down notes about what happened. Even make a simple sketch to illustrate the movements and directions of the vehicles involved.
  10. Finally, you should contact your insurance agent or company as soon as possible. And, especially if you feel another driver was at fault, you should probably get independent experienced legal advice.

Need representation for your auto accident case? Please contact me for a free case evaluation today.

Dog bites on the rise

Each year, approximately 4.5 million dog bites occur in the United States—many lead to infection, life-threatening injuries, and some even death. Over the past 20 years, we have seen a significant increase in dog bites and attacks in the United States. These attacks are the sole responsibility of the dog owner, regardless of whether or not he or she has registered the animal. In addition to possible criminal penalties, owners of animals that attack are subject to civil liabilities.

It is important to protect yourself and others from dog bites by addressing the potential problem as soon as possible. If you feel comfortable, speak directly with dog owners who do not leash their pets or let their pets run loose. If you are not comfortable with confronting owners, contact animal welfare or law enforcement personnel in your city or county to file a formal complaint. Often the first offense is a warning, but repeated issues either with unleashed animals or threatening dogs will result in elevated action to protect the community.

Dog bite injuries can lead to emotional distress such as post-traumatic stress disorder (PTSD), expensive medical bills, loss of income due to injury and ongoing health issues. Avoid minimizing the harm that an animal attack has done to you or your loved ones. Hold the owner responsible for his or her negligence.

Have you or is a member of your family a victim of a dog bite? Contact me today for a free evaluation of your case.