Table of Contents:
- What Is the Process for Filing a Nursing Home Abuse Claim in California?
- Who Can File a Nursing Home Abuse Claim in California?
- Compensation in a Nursing Home Abuse Case
- Signs of Nursing Home Abuse and How to Report
- How Much Time Do You Have To File a Legal Action for Nursing Home Abuse in California?
- Our California Nursing Home Abuse Attorneys Are Here For You
If you discover that your loved one has experienced abuse or neglect in a nursing home, it is crucial to take action to prevent further abuse and start the healing process.
A nursing home abuse claim may start as an insurance claim or go directly to litigation. Once you file a lawsuit, your case enters the discovery phase, during which you exchange information and testimony with the defendants. You will then negotiate a settlement and go to trial if settlement negotiations fail.
Our experienced nursing home abuse lawyers have a proven track record of holding nursing homes accountable. We know how to file a nursing home abuse claim and get maximum results. We can guide you through every step of the process and handle all of the details. Contact us today for a free case review.
What Is the Process for Filing a Nursing Home Abuse Claim in California?
California nursing home claims are complex cases requiring meticulous investigation and case preparation. It takes in-depth knowledge of nursing home abuse laws and the legal process to achieve an outcome that does justice to what your loved one has suffered.
Consult an Attorney
When you file a nursing home abuse claim, you need access to a medical records retrieval system, expert witnesses, private investigators, life care planners, and significant financial resources. Rather than file a claim on your own, contact our experienced California nursing home abuse lawyers. We will ensure your case meets all legal requirements and fight for the results your loved one deserves. Our attorneys have these resources available, and we are ready to use them for your benefit so you get maximum results.
We will do the following:
- Investigate the nursing home and the staff who had contact with your loved one.
- Gather evidence, including medical records, eyewitness statements, video footage, photographs, and expert witness opinions.
- Calculate the lifetime costs of your loved one’s injuries and arrive at a case value.
- Negotiate aggressively and refuse to accept less than you and your loved one deserve.
- Take your case to trial if necessary to recover full compensation.
We are committed to providing outstanding customer service, which includes emotional assistance, counseling, and a hands-on, customized approach with 24/7 support. We take on the costs associated with your case, so you pay nothing out-of-pocket unless we win.
File an Insurance Claim
Nursing homes generally carry general liability and medical malpractice insurance. You may be able to recover compensation through an insurance claim. Insurance companies are more likely to negotiate in good faith if you are represented by a proven nursing home abuse attorney. However, insurance companies rarely pay more than minimal compensation without a fight, even in the most severe cases.
If you file an insurance claim, you will need supporting evidence. When you work with Lanzone Morgan, LLP, we will perform a comprehensive investigation before initiating your claim. We will then prepare a demand letter, which will include our evidence. In some cases, an insurance company will settle to avoid a lawsuit if the evidence is strong enough.
Serve a Notice of Intent To Sue
If your nursing home abuse case involves medical malpractice, California Code of Civil Procedure § 364 requires you to serve each defendant with a notice at least 90 days before you file your lawsuit. The notice must inform the defendant of the following:
- Your intention to file a lawsuit
- Your legal grounds
- The types of losses and injuries you and your loved one suffered.
Not all nursing home abuse cases are considered medical malpractice. An attorney can advise you on whether a notice is required.
File a Complaint with the Court
A lawsuit begins with a legal complaint, a legal pleading setting forth the basis for your claims. The lawsuit must list your allegations and injuries and specify how much compensation you are seeking. Once you file the lawsuit, a process server will deliver a copy to each defendant’s registered agent, usually in person, but possibly by mail. The defendants generally have 30 days to respond, but can request a 15-day extension.
The defendants in a nursing home abuse lawsuit may include the nursing home, its owners and administrators, and nursing home staff members who committed abuse or neglect. It is important to identify all the responsible parties before you file your lawsuit so that you can include them in your lawsuit. We can help you identify all the responsible parties during our detailed case investigation and hold them accountable.
Exchange Information and Evidence
Once you file your lawsuit, you and the defendants may initiate a formal process known as discovery, during which you exchange information and evidence using one or more of the following methods:
- Oral and written depositions: Informal testimony under oath
- Interrogatories: Written questions
- Requests for production: Requests for documents and physical evidence for analysis
- Request for admissions: Asking the other side to admit something is true
- Physical and mental examinations by a licensed medical professional of the other party’s choice
- Exchanges of expert trial witness information
You can initiate the discovery process ten days after you file your case, but a defendant can initiate it immediately. Thus, it is crucial to complete your investigation before you file suit. A thorough case investigation must include a medical records review, eyewitness statements, expert witness reports, and any other evidence available to prove what happened and the resulting injuries and costs. As one of the leading law firms in the United States, we will devote significant resources to gathering evidence and preparing your case.
Negotiate a Settlement
Settlement negotiations may begin at any time before or after you file your lawsuit, and they can continue even after a trial begins, until a jury or judge returns a verdict. Settling is often in the best interests of all parties because it generally resolves litigation faster and without the added costs of going to trial. However, a settlement is only worthwhile if it fully covers the past, current, and future costs of your loved one’s injuries. It is not worth it to accept an early, lowball settlement.
Representation by a skilled nursing home abuse attorney with a reputation like ours is crucial for maximizing your settlement. Other factors that may affect your settlement include the nature and severity of the injuries, the weight of the evidence, the type of abuse your loved one has suffered, the cost of their medical care, and the impacts on their quality of life.
We have over 75 years of combined experience in nursing home abuse cases and have built a reputation that lets nursing homes and insurance companies know that we can win substantial verdicts in court if they refuse to fully compensate our clients through a settlement.
Take Your Case to Trial
If you cannot reach a settlement, you may need to go to trial to receive a fair and just amount. Once the trial begins, attorneys for each side will present opening statements, question witnesses, and present closing arguments. Our proven trial lawyers know what it takes to connect with juries and present a compelling case.
Who Can File a Nursing Home Abuse Claim in California?
The nursing home resident who has suffered abuse can file a lawsuit if they are physically and mentally able. If your loved one is legally incompetent or otherwise unable to file, a family member or other interested party may be eligible to bring the action. In addition, if your loved one has died from nursing home abuse, a family member may bring the action.
If your loved one is experiencing nursing home abuse, our attorneys can determine who has standing to file and lead the fight for justice and compensation.
Compensation in a Nursing Home Abuse Case
Compensation for nursing home abuse can be substantial due to its serious and long-lasting effects. You may be able to recover economic, non-economic, and punitive damages. Economic damages compensate for financial losses, such as medical expenses, the cost of transferring to a new facility, the value of stolen property, and lost wages. Non-economic damages compensate for intangible losses, such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.
Punitive damages are awarded to punish the defendant and deter others from similar misconduct when you have clear and convincing evidence that the defendant caused injury deliberately or through gross negligence.
You may also be able to recover wrongful death damages if your nursing home abuse or neglect caused the death of your loved one. Wrongful death damages may include loss of funeral expenses, loss of companionship, and punitive damages.
How Much Compensation Will I Recover?
Every case is different, and it would be impossible to provide a number without reviewing your case. The amount you or your loved one receives will vary based on the severity of the injuries, whether you qualify for punitive damages, and other factors unique to your case. We have achieved numerous six and seven-figure settlements and verdicts for our clients, including the following:
- $3 million settlement for a dependent adult who developed an infected coccyx bedsore at a nursing home
- $2.3 million verdict on behalf of an 84-year-old woman who suffered permanent and disabling injuries from multiple falls
- $1.3 million verdict for a client who fell while showering her mother after nursing home staff refused to do so, saying she could do it herself
- $1.25 million settlement for an assisted living resident who developed a bedsore
- $800,000 settlement for an elderly woman who fell and broke her hip due to a medication overdose
We do not take the faith that you put in our attorneys lightly when you choose Lanzone Morgan, LLP. We will fight for the maximum compensation available with the same passion as if our own family member were harmed.
Signs of Nursing Home Abuse and How to Report
Nursing home abuse occurs in multiple forms, including physical abuse, sexual assault, verbal abuse, financial exploitation, and emotional abuse. Your loved one may be experiencing one or more of these forms of abuse if you notice any unusual behaviors or sudden changes in their health status. The most common signs of nursing home abuse include the following:
- Unexplained bruises
- Weight loss
- Depression
- Anxiety
- Frequent falls
- Frequent emergency room admissions
- Social withdrawal
- Unexplained credit card charges or bank account withdrawals
- Bed sores
- Infections
- Unkempt appearance
- Strong odors
- A gut feeling that something is wrong
If you notice any of these nursing home abuse injuries in a loved one, don’t wait to take action. Contact our California nursing home abuse attorneys as soon as possible, and let us investigate. The nursing home may not tell you the whole story, but we will uncover the truth.
Reporting Nursing Home Abuse in California
If you believe your loved one is experiencing abuse in a nursing home, you can ask your local long-term care ombudsman to investigate. An ombudsman is an advocate for nursing home residents. Every nursing home is legally required to post the contact information for the ombudsman serving the local area. You can also call the state crisis line at 1-800-231-4024, 24 hours a day, seven days a week.
For a formal investigation, contact your district office for the California Department of Public Health. If the abuse is occurring in a hospital, boarding house, or private residence, call Adult Protective Services at (833) 401-0832.
If you believe your loved one is in immediate danger, call 911. Our attorneys can help you report abuse.
“People always ask me, How do you know when somebody's being neglected? Listening to your gut is number one. If your gut's telling you there's something wrong, act upon it. Call us. We'll check it out and make sure that your loved one's being taken care of appropriately.”
How Much Time Do You Have To File a Legal Action for Nursing Home Abuse in California?
The statute of limitations for filing a nursing home abuse case depends on the type of claim. Some nursing home abuse cases involve basic personal injury claims, while others involve medical malpractice. Several factors also impact the statute of limitations, such as the plaintiff’s age and capacity, whether the defendant is a government agency or employee, the causes of action alleged in the complaint, and many other factors.
In general, if the case involves medical negligence by a health care provider, the deadline is one year after discovery of the injury, but no more than three years after the incident. If the case involves other forms of elder abuse, the personal injury statute of limitations applies. This includes cases against assisted living facilities and caregivers. The personal injury statute of limitations is generally two years.
These deadlines can be complex and confusing. Let our knowledgeable attorneys analyze your case and determine when you should file it. If you get it wrong, you could miss the deadline and lose out on your only opportunity for justice.
Our California Nursing Home Abuse Attorneys Are Here For You
We are an experienced law firm dedicated to advocating for elder abuse victims. We primarily focus our practice on nursing home and elder abuse cases. We know the process inside and out, including how to file a nursing home abuse case and get the results you deserve.
Call Lanzone Morgan, LLP, today at (888) 887-9777 to schedule a free case evaluation, or complete our contact form for an immediate response.
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.