Nursing home abuse and neglect are widespread problems throughout California. Thousands of older adults suffer injuries every year. If you suspect your loved one is an abuse, neglect, or exploitation victim in a nursing home in California, you may have a case to pursue financial compensation for their damages.
The legal team at Pintas & Mullins Law Firm is ready to help you build a case against a negligent or abusive nursing home facility. We can identify who may be liable for your loved one’s injuries and help you take legal action against them. A nursing home abuse lawyer from our team in California can help you fight for your loved one’s justice.
Your Loved One May Be Entitled to Receive Compensation for Their Injuries
The Elder Abuse Prevention and Prosecution Act allows you to seek compensation for injuries your loved one suffered from nursing home abuse and neglect. Since every case has unique circumstances, assessing your potential nursing home injury case’s value can be challenging. The extent of harm your loved one suffered, which we must prove with evidence, will determine their monetary awards.
Elements that determine the amount of compensation a California nursing home lawyer from our team may be able to recover for you include:
- Medical expenses
- Pain and suffering
- Mental anguish
- Loss of enjoyment in life
- Property damage
A nursing home abuse attorney may suggest other awards not listed here based on other factors. These factors might affect how much your claim might be worth and may include:
- Your loved one’s age
- Your loved one’s mental capacity
- The nursing home’s conduct
- Family involvement
- How the insurance company engaged in the process
A nursing home injury lawyer based in California from Pintas & Mullins Law Firm can help you understand what to anticipate in your claim or lawsuit. If you have concerns regarding your family member’s nursing home injuries or loss of life, we can provide you a free consultation to answer your questions.
Caps on Damage Awards You May Receive
According to CIV §3333.2, there may be caps on the awards you can receive in your nursing home abuse case. Based on this statute:
- There is a $250,000 cap on non-economic damages (e.g., pain and suffering, inconvenience, physical impairment, disfigurement, etc.).
- Economic damages are not limited, as they depend on your actual financial losses.
Our team will review and calculate your losses, then determine how this statute might affect your case’s value.
You Must Abide By the Statute of Limitations When Submitting Your Lawsuit
California’s statute of limitations sets a timeline that family members must follow if they want to file a nursing home injury lawsuit in the state’s court system.
Depending on your case, you and your attorney may file it under one of three areas of law: personal injury, medical malpractice, or wrongful death. Medical malpractice and wrongful death can intersect—the latter has a separate statute of limitations for this situation.
You must submit your case within the following statutory deadlines:
- Personal injury: Two years from the date of the injury, per CCP §335.1.
- Medical malpractice: One year from the date of the injury or date of discovery, whichever comes first, per CCP §340.5. If the claim regards a foreign object in the body, the statutory deadline runs from when you discover the object. Children under six have until age eight, or three years, whichever is longer, to file a lawsuit.
- Wrongful death: Two years from the date of death, per CCP335.1.
- Medical malpractice wrongful death: Three years from the date of death, per CCP340.5.
Our legal team in California can help you compile the necessary evidence and documentation to file your claim before time runs out. We will also ensure that you know about all deadlines, hearing dates, and meetings throughout the litigation process.
What to Do if You Missed California’s Legal Filing Deadline
While the above-referenced list of deadlines is essential to follow, some exceptions may apply that may allow you to file your lawsuit even if you missed the statutory deadline.
Potential scenarios include cases where the victim has severe mental and physical incapacitation or cases where it took an extended period to reasonably discover the injuries suffered by the victim.
You can determine where your case stands by speaking with a Pintas & Mullins Law Firm team member in a free consultation. We can review your case for free and inform you about your legal options.
For a free legal consultation, call (800) 794-0444
Certain Family Members Are Eligible to File a Nursing Home Injury Claim
The reality is that many older adults do not report when they are suffering from nursing home abuse or neglect. In general, it is their family members who discover that it is occurring. Any person or organization can report nursing home abuse or neglect.
However, generally speaking, the victim or whoever claims them as a dependent may file a claim or lawsuit for abuse or neglect. Qualifying parties may include:
- The victim
- The victim’s spouse
- The victim’s child(ren)
- The victim’s siblings
- The victim’s personal representative
There are a few additional guidelines regarding your rights to filing a lawsuit. Our legal team can review your case to determine who can file your loved one’s case. We will help you and your loved one exercise your legal rights.
Call Pintas & Mullins Law Firm for a Free Case Evaluation
It is difficult to know where to turn when your family member suffers from injuries due to nursing home abuse or neglect. Pintas & Mullins Law Firm is standing by to help you understand the options available to your family when pursuing financial compensation.
For additional details about how to proceed, call us at (800) 842-6336 for a free case evaluation.