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In Nevada, the elements for a claim of elder abuse are:

  1. A person over the age of 60 years or is vulnerable as defined by NRS 41.1395 (physical or mental impairment);
  2. Suffers a personal injury or death caused by abuse or neglect, as defined by NRS 41.1395;
  3. Suffers a loss of money or property by reason of their exploitation by another;
  4. The defendant knows or has reason to know that the plaintiff is elderly or vulnerable;
  5. Double actual damages; and
  6. 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

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on business law, business litigation, and acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.