In Phoenix, AZ, a new bill has been sent through legislation that would ultimately limit the awards given for attorney fees in elder abuse cases. The bill titled House Bill 2560 would remove the opportunity for attorney fees to be included in any awards for civil cases of elder abuse or abuse of a vulnerable adult.
There are multiple ways to view the potential results if this bill were to be enacted into law. On one hand, it would prevent unnecessary cases from being brought to court. However, it could also prevent elderly and vulnerable individuals in serious need of legal assistance from getting the help they require and deserve. Attorneys may have to be more selective regarding the cases they take on because certain cases may prove to be large expenses that the clients may not be able to cover. As a result, many people who are in desperate need of legal assistance may not be able to find it. This could put a tremendous burden on those victims who suffer serious physical, emotional, or financial abuse from others.
Others may view this potential law as a means of preventing law firms and courts from making an example out of certain elder care or assisted living centers. In some elder abuse and vulnerable adult cases, the facilities where the victims are being abused are charged inordinate amounts of money in connection with the suit for compensation for the victims. However, in many of those cases, a significant portion goes toward attorney fees. If this potential law can prevent this from occurring and allow a larger portion of the money to go to the victims who rightfully deserve compensation, this law could turn out to be a good thing.