How Much Can You Sue a Nursing Home for Negligence in California?

When you or an elderly loved one is no longer able to care for themselves, trust is placed in nursing homes to ensure that the health and well-being of these individuals is maintained. What happens, though, when these nursing home facilities betray that trust and act with negligence or even abuse? Many families will wonder, How much can you sue a nursing home for negligence in California? At Belgum, Fry & Van Allen, we are here to answer that question.

Kinds of Damages You Can Recover in a Nursing Home Negligence Case in CA

In a nursing home negligence case in California, the total amount you may be able to recover in compensation is highly dependent on the factors involved in the case. Nearly five million elderly Americans suffer from nursing home abuse and negligence every year, and as their loved one, you are entitled to seek compensation on their behalf. In these cases, the most common forms of compensation include:

• Economic damages: These kinds of damages account for any financial losses the victim or the family has suffered due to the negligent actions or inaction of the nursing home staff. These damages can include compensation for the costs of changing nursing homes or facilities, medical bills, counseling, physical therapy, and any other related costs that have been incurred from the injury.
• Non-economic damages: These damages refer to the psychological, physical, or emotional toll on either the victim or the family because of the neglect or abuse. These can include emotional distress, despair, turmoil, physical pain and suffering, reduced quality of life, loss of the enjoyment of life, mental distress, and psychological suffering.
• Punitive damages: Punitive damages are rarely awarded in negligence cases, but when they are, they can add an extremely high value to your claim. When there is clear evidence of fraud, oppression, or malice, the jury may decide to award you punitive damages. These damages do not necessarily compensate you for any financial losses, but they work to punish the liable party for any egregious behavior.
• Wrongful death damages: If your loved one dies as a result of the negligence they have suffered, this is a tragedy, and you are entitled to seek wrongful death damages. These damages can include compensation for the loss of affection, support, or companionship, along with compensation for funeral or burial expenses and the loss of financial support for any dependents who were provided for by the deceased individual.

If your loved one has suffered negligence in a nursing home, let the attorneys at Belgum, Fry & Van Allen review the case and help determine what kind of damages you may be able to recover. Only around one in 24 cases of negligence or abuse are actually reported. We are here to listen and take the action necessary.

Factors That Influence Nursing Home Negligence Settlement Amounts

Not all nursing home negligence cases are cut and dry, and there are many factors involved that can influence the amount you may be able to receive. The most important factors that affect the value of a negligence claim include:

• Type and severity of injury, as these factors will affect the amount of medical care necessary to treat your loved one
• The duration of negligence, as prolonged mistreatment can lead to higher amounts of emotional and mental distress
• Strength of evidence, as stronger evidence will show exactly how the negligence has affected your loved one

Trust the Team at Belgum, Fry & Van Allen

At Belgum, Fry & Van Allen, our team has been helping elderly residents and their loved ones recover compensation and justice in nursing home negligence cases for over a decade. We understand how difficult these cases are and how deeply you deserve justice for the harm your loved one has suffered. Let us come alongside you and do the work necessary to succeed in your case. Your trust has been betrayed; let us offer you the trustworthy care you deserve.

FAQs

Who Is Allowed to Pursue a Nursing Home Settlement in California?

There are several parties in California who may be able to initiate a nursing home settlement in California. These parties include the nursing home resident or victim if they are able to, the spouse of the victim, any dependents, a family member, children of the victim, or the representative of the victim’s estate if there are no family members or dependents alive.

What Are the Common Signs of Nursing Home Negligence?

There are several signs of nursing home negligence that one should be on the lookout for if they suspect mistreatment is taking place. The most common warning signs include bedsores from staying in one position for a long period of time, malnutrition, dehydration, and bleeding or bruising around the genitals, which is indicative of sexual abuse. Nearly 7% of all nursing home abuse cases are sexual in nature.

What Evidence Is Needed for a Successful Nursing Home Lawsuit?

There are several forms of evidence that can be crucial when you are trying to successfully prove abuse in a nursing home lawsuit. These forms of evidence include photographs or videos of your loved one’s injuries, their room, and the overall cleanliness of the facility, along with your loved one’s medical records.

What Is Considered Negligence in a Nursing Home?

Nursing home negligence is any kind of inaction on the part of the nursing home staff or employee that causes a resident some kind of physical or emotional harm. Negligence might not always be intentional, and it differs from abuse, which is always intentional or purposeful harm. Negligence, however, can still result in injuries and even the death of elderly residents.

Hire a Nursing Home Abuse Lawyer From Belgum, Fry & Van Allen Today

If you believe that your elderly loved one has suffered neglect or abuse at their nursing home in California, whether they reside in San Bernardino, Upland, or Corona, the team at Belgum, Fry & Van Allen is here to help. Contact our offices today to hire a nursing home abuse lawyer and schedule your free consultation. Whatever your case might involve, we are here to ensure you and your loved ones get the justice and compensation you deserve.