In Nevada, the elements for a claim of elder abuse are:
- A person over the age of 60 years or is vulnerable as defined by NRS 41.1395 (physical or mental impairment);
- Suffers a personal injury or death caused by abuse or neglect, as defined by NRS 41.1395;
- Suffers a loss of money or property by reason of their exploitation by another;
- The defendant knows or has reason to know that the plaintiff is elderly or vulnerable;
- Double actual damages; and
- If the defendant acted with recklessness, oppression, fraud or malice, the plaintiff shall be entitled to an award of attorney fees and costs of the suit.
NRS 41.1395; DeRuise v. Progressive Cas. Ins. Co. Inc., 3:11-CV-00136-ECR, 2011 WL 3651297 (D. Nev. Aug. 17, 2011).
See elements for other claims at the Nevada Law Library
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