Trying to find out how to sue an agency for a home health aide's theft of many pieces of jewelry from my extended family member. What type of lawyer do I contact for this kind of litigation?
This family member was in stage 5 Parkinson's. Filed a police report because we found out what aide did it (she went to pawn shops) so she was on camera plus she signed papers with the pawn shop for the jewelry.
Present the evidence to the local D.A. They should be prosecuting.
As far as suing, small claims court's probably the only thing to do, because I assume the value of the jewelry wasn't vast and you won't need a lawyer. It'd cost you more in attorney's fees and expenses to go after the caregiver, and if they don't have a ton of money, you're trying to get blood from a turnip anyway.
1) Make sure that the agency has sacked the worker and will not give any sort of reference. Don’t just assume it – it doesn’t always happen if the worker is valued by the agency and it all gets swept under the carpet. 2) Check your contract with the agency, and make sure that they have done everything that is their contractual responsibility. Ask to see the police check from before she was hired. If they didn’t follow their own rules, sue them! Small Claim procedures are not too difficult to do yourself, and Court staff will help. 3) Report the theft to the police. It may not get much back for you, but if they prosecute it may stop the worker getting another job. They may even return stuff to avoid getting it put on their record. 4) Make just as much fuss as you can, about the worker and her partner (if any) and the agency. It may not help you, but there is a deterrent value. Like I said, it only too often gets swept under a carpet, particularly by the agency in order to protect their reputation. And again, they may compensate you to avoid it going public on their reputation. Find all the ways to go public– face book, comments sites etc. 5) Make inquiries at partner’s work site. Be careful about defamation, just ask questions. Partners are often involved. Questions raise other questions! 6) In future, treat any hired carer as a potential thief, and hide your valuables.
Been there, done that twice, and it’s a real pain!
Depends on the total value of what was stolen, in my state personal property theft mostly goes to small claims court. The amount you can sue for is limited depending on your jurisdiction, generally though most lawyers will not touch small potato issues. I mean if what was stolen vastly exceeds the amount allowed for small claims court, it could be a the municipal, justice or superior court. Depends, but once again this will come at a great personal cost. Generally with such issues you will be responsible for the fees associated, and say if it turns out they are placed in a money judgment, does not mean they have to pay you back. Generally personal theft is an utter waste of time to try and sue for.
If the item was listed as stolen and you reported it as such the pawnshop should have seen it in their data base and getting the item back should not be that difficult. The pawnshop will be the one that takes the hit in terms of money lost since you will get the item back.
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As far as suing, small claims court's probably the only thing to do, because I assume the value of the jewelry wasn't vast and you won't need a lawyer. It'd cost you more in attorney's fees and expenses to go after the caregiver, and if they don't have a ton of money, you're trying to get blood from a turnip anyway.
2) Check your contract with the agency, and make sure that they have done everything that is their contractual responsibility. Ask to see the police check from before she was hired. If they didn’t follow their own rules, sue them! Small Claim procedures are not too difficult to do yourself, and Court staff will help.
3) Report the theft to the police. It may not get much back for you, but if they prosecute it may stop the worker getting another job. They may even return stuff to avoid getting it put on their record.
4) Make just as much fuss as you can, about the worker and her partner (if any) and the agency. It may not help you, but there is a deterrent value. Like I said, it only too often gets swept under a carpet, particularly by the agency in order to protect their reputation. And again, they may compensate you to avoid it going public on their reputation. Find all the ways to go public– face book, comments sites etc.
5) Make inquiries at partner’s work site. Be careful about defamation, just ask questions. Partners are often involved. Questions raise other questions!
6) In future, treat any hired carer as a potential thief, and hide your valuables.
Been there, done that twice, and it’s a real pain!
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If the item was listed as stolen and you reported it as such the pawnshop should have seen it in their data base and getting the item back should not be that difficult. The pawnshop will be the one that takes the hit in terms of money lost since you will get the item back.