As we age, we require extra care and supervision. Nursing homes provide these services to older adults, who need full-time, residential support. Family members trust that nursing home staff members will compassionately and competently care for their loved ones. However, this does not always happen.
Nursing home abuse and neglect are widespread problems throughout California. Thousands of older adults sustain injuries every year.
Financial compensation is available in California for your loved one’s injuries or loss of life. There are time limits in the form of a statute of limitations that exist, which means that speaking with a California nursing home injury lawyer is essential to understanding how to proceed.
The legal team at Pintas & Mullins Law Firm is ready to help you move forward in receiving a negotiated settlement or lawsuit award. Contact us for your free consultation today by calling (800) 201-3999.
Financial Compensation for California Nursing Home Injury Victims
The Elder Abuse Prevention and Prosecution Act allows you to seek compensation for injuries sustained by your loved one from nursing home abuse or neglect. Since every case has unique circumstances, assessing a potential nursing home injury settlement or a lawsuit for its monetary value is a challenge. Monetary awards are dependent upon the facts of the case as well as the extent of harm your loved one suffered.
Elements that determine the amount of compensation you may receive includes:
- Medical expenses
- Physical pain and suffering
- Mental anguish
- Restitution for financial misappropriations
- Loss of enjoyment in life
- Survivor’s damages for wrongful death
Additional factors that affect your claim amount might consider your loved one’s age, his or her mental capacity, the nursing home’s conduct, family involvement, and how the insurance company engaged in the process.
Contact a California nursing home injury lawyer at Pintas & Mullins Law Firm to help you understand what to anticipate. If you have concerns regarding your family member’s nursing home injuries or loss of life, call us for a free consultation today at (800) 201-3999.
For a free legal consultation with a nursing home injury lawyer serving California, call 800-201-3999
The Statute of Limitations for Nursing Home Injuries in California
A statute of limitations is the timeline that family members have to file a California nursing home injury claim.
Depending on the conditions of your case, you and your attorney will 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 of which has a separate statute of limitations for this situation.
The California Legislative Information website specifies the following timelines:
- Personal injury: Two years from the date of the injury.
- Medical malpractice: One year from the date of the injury.
- Wrongful death: Two years from the date of death.
- Medical malpractice wrongful death: Three years from the date of death.
Your California nursing home injury lawyer at Pintas & Mullins Law Firm will help you compile the necessary evidence and documentation to file your claim before time runs out. We will also ensure that you are completely aware of all deadlines, hearing dates, and meetings throughout the claims process.
What to Do if You Missed California’s Statute of Limitations
While the above-referenced list of deadlines is essential to follow, some exceptions may apply in which you can miss the statute of limitations and still file a claim. Potential scenarios include mental and physical incapacitation or in cases where it took a more extended period to reasonably discover the injuries sustained.
However, the most practical means is to ensure if you are still eligible is by speaking with a California nursing home injury lawyer for more information.
California Nursing Home Injury Lawyer Near Me 800-201-3999
Signs That May Signify Nursing Home Abuse or Neglect
Nursing home abuse and neglect can be characterized by the willful harm or carelessness that causes injuries to adults living in a long-term care facility. Abuse or neglect revolves around the relationship between a trusted caregiver and the vulnerability of the resident.
While the list below may not always indicate that it is happening, a few signs of nursing home abuse and neglect include:
- Unusual falls
- Broken bones
- Untreated infections
- Weight loss
- Social withdrawal
- Loss of life
The nursing home injury lawyers at Pintas & Mullins Law Firm can help you determine how you can proceed to investigate your family member’s injuries. We can also provide counsel as to the next steps you can take to pursue financial compensation for these losses.
Family Members Eligible to File a Nursing Home Injury Claim
The reality is that many older adults do not report when nursing home abuse or neglect is happening to them. In general, it is their family members who discover that it is occurring. California civil laws limit the parties who can file a claim to the following relatives:
- Personal representatives
There are a few additional guidelines regarding the first rights to filing a lawsuit. You can determine the family member best-suited to file a claim by discussing your case with a California nursing home injury lawyer at Pintas & Mullins Law Firm. We will provide our initial case strategy so you understand how we can help you and your loved one.
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Call Pintas & Mullins Law Firm for Your Free Case Evaluation
It is difficult to know where to turn when your family member suffered 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 for a free case evaluation at (800) 201-3999 today.