Families of nursing home abuse victims should know that legal remedies exist to protect both the injured loved one and the family. Whether the abuse occurs in a facility, at home, or in another caregiving setting, California’s elder abuse laws ensure victims can pursue compensation for the financial, emotional, and physical harm suffered.
At Lanzone Morgan, LLP, our nursing home abuse lawyers understand the profound impact these cases have on seniors and their families. We provide compassionate and knowledgeable guidance throughout the legal process, helping families seek justice while offering support during this challenging time. Contact us today for a free consultation.
Types of Damages in Nursing Home Abuse Claims
Victim compensation in elder abuse cases seeks to make the victim whole while holding the responsible party accountable. The goal is not only to acknowledge the harm done but also to provide a means of repairing it. Compensation can cover both tangible costs, such as medical expenses and other economic damages, as well as the emotional or physical impact on the victim, referred to as non-economic damages.
Economic Damages
In a nursing home abuse case, economic damages cover the measurable financial losses a victim suffers as a direct result of the abuse or neglect. These damages are intended to reimburse the victim for out-of-pocket expenses and future care needs, including the following:
- Medical bills for injuries
- Rehabilitation or physical therapy costs
- Ongoing or future care expenses
- Hospital and emergency treatment fees
- Medication and medical equipment
- Relocation or specialized care costs
Non-Economic Damages
Non-economic damages compensate victims for the emotional and personal impact of nursing home abuse. These damages address the impacts that are real but not easily measured in dollars, such as the following:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Mental anguish
- Humiliation or embarrassment
Punitive Damages
Punitive damages are intended to punish defendants and discourage similar behavior when there is proof of deliberate, malicious, or oppressive actions. For example, they may apply if a facility was aware of repeated neglect but failed to intervene or attempted to conceal it.
Wrongful Death
While financial compensation can never make up for the loss of a loved one, it can serve a greater purpose. It holds negligent facilities accountable and provides your family with essential support. In nursing home wrongful death cases, compensation may include the following types of damages:
- Funeral and burial expenses
- Loss of income that the deceased provided for your family
- Loss of companionship, care, and support
- Medical expenses incurred as a result of the negligence that led to their passing
In cases filed before January 1, 2026, families can also pursue compensation for the pain, suffering, and disfigurement their loved one endured before passing. However, after that date, the right to pursue such losses expires.
Ways to Maximize Your Nursing Home Abuse Compensation
Maximizing nursing home abuse compensation starts with taking decisive steps to protect your loved one’s rights. Acting quickly, preserving evidence, and securing qualified legal help strengthen your case from the start. Below are five key steps to take:
Act Quickly
Acting quickly is essential to preserve your right to seek compensation and justice. Because statutes of limitations can be complex, it is important to consult an experienced nursing home abuse attorney. If you file your case too late, the court will likely dismiss it, preventing your loved one and family from recovering compensation.
Report the Abuse
File formal complaints with agencies like the California Department of Public Health and the Department of Social Services. Doing so creates an official record that can strengthen your legal case. If you are wondering whether to file a complaint with the Department of Public Health, call our office to discuss this matter with one of our professionals.
Document Everything
Take photos of injuries, unsafe living conditions, inadequate staffing, or any other evidence that demonstrates the neglect or abuse your loved one has experienced.
Track All Expenses
Keep copies of all medical records, care plans, incident reports, and any hospital or treatment bills related to the abuse and resulting injuries. This documentation helps establish and calculate economic damages in your case.
Get Legal Help
An experienced nursing home abuse attorney is essential for navigating the complex legal issues and challenges that often arise in these cases. At Lanzone Morgan, LLP, we are committed to protecting the rights and well-being of the elderly. Our team has helped victims and their families recover more than $250 million in compensation.
Contact Lanzone Morgan, LLP, for a Free Consultation
Lanzone Morgan, LLP, is relentlessly committed to safeguarding the rights and dignity of the elderly. With over 75 years of combined experience, we have a proven track record of holding nursing homes across California accountable. Some notable settlements and verdicts include the following:
- $2.3 million verdict against Country Villa Wilshire Convalescent Center for abuse and neglect that caused severe and permanent injuries to an 84-year-old woman
- $1.3 million verdict against Pacific Coast Post Acute nursing home for a client who suffered serious leg injuries while showering her mother after staff refused assistance
- $1.2 million settlement against a doctor and a nursing home for neglect that led to a man starving to death
We treat every client like family, providing empathy, compassion, and 24/7 support. You pay nothing unless we secure compensation.
Contact us online or call (213) 651-6487 today for a free consultation.
FAQs
Can We Seek Damages for Emotional Distress or Mental Anguish?
Yes, your loved one may seek damages for the emotional distress or mental anguish.
Are Damages Capped in Nursing Home Abuse Cases?
Depending on the circumstances of the case, the non-economic damages recoverable may be subject to caps. Our attorneys can evaluate your case to determine if these limits affect your ability to recover compensation.
Can We Still Recover Damages if the Facility Denies Wrongdoing?
Yes, a victim and their family may still recover damages even if the nursing home denies any wrongdoing. Legal claims rely on the facts and supporting evidence of abuse or neglect. An experienced nursing home abuse attorney can investigate and gather evidence of negligence and wrongdoing to build a strong case even without the facility’s admission of fault.
Does the Facility Pay the Damages Directly?
It depends. Some nursing homes have insurance, in which case they may pay part of any damages, and the insurance company may pay the rest of the damages. Other nursing homes do not have insurance, in which case the nursing home and its owners are responsible for the damages.
How Long Does It Take To Recover Damages in a Nursing Home Abuse Claim?
The timeline for recovering damages in a nursing home abuse claim varies widely, ranging from a few months to several years. Factors include the case’s complexity, the seriousness of the injuries, and the insurer’s willingness to negotiate. While many cases settle out of court, cases that proceed to trial may take longer to resolve.
The following content has been legally reviewed and approved by nursing home abuse attorney Anthony Lanzone. Anthony holds notable memberships with professional organizations including the American Association for Justice and Consumer Attorneys of California.