California Nursing & Rehabilitation Center Injury Lawyer

Nursing & Rehabilitation Center Injury Attorney in California, CA

When you place a loved one in a nursing or rehabilitation center, you expect them to receive proper care that preserves their safety and dignity. Unfortunately, understaffing, lack of training, and oversight can cause severe injuries. If a loved one suffers in a long-term care facility because of negligence or abuse, consult a California nursing and rehabilitation center injury lawyer to pursue justice.

In instances when these facilities fail, the physical and emotional toll on the victim can be catastrophic. California law provides a path for recovery through personal injury, elder abuse, and nursing home injury claims. At Belgum, Fry & Van Allen, we have years of experience assisting California residents with civil matters.

We take elder abuse and neglect claims seriously and provide clients and their loved ones with the personalized support and attention they deserve at every phase of their case, from beginning to end.

Understanding Your Rights in California Care Facilities

In 2023, there were more than 8 million adults aged 60 and older living in California. Fourteen percent of this population had difficulty living independently.

California has some of the strongest protections for nursing home residents in the United States. The Elder Abuse and Dependent Adult Civil Protection Act holds facilities liable for negligence and specifically for recklessness, oppression, fraud, or malice in the residential care they provide. Still, data revealed the following disturbing trend:

• 45% of falls in for-profit nursing homes went unreported.
• 39% of falls in non-profit facilities didn’t get reported.
• 33% of falls in government-owned nursing homes weren’t reported.

This lack of transparency makes it essential to have a dedicated California nursing and rehabilitation center injury attorney investigating your case to uncover the truth.

Common Injuries Leading to a Nursing Home Injury Claim

Negligence in a rehabilitation center often manifests in ways that staff may try to dismiss as your loved one just aging naturally. However, many of these conditions are entirely preventable with proper protocols. Common grounds for a nursing home injury claim include:

• Pressure sores: These sores are often a sign of restricted mobility and staff members’ failure to turn or reposition the patient.
• Falls and fractures: These incidents result from poor assistance during transfers or environmental hazards like wet floors.
• Medication errors: Mistakes include over-sedation or missing life-saving dosages.
• Elopement: A resident with cognitive impairments like dementia could wander away from the facility because of poor security.

Navigating Rehab Center Injury Laws in California

California’s rehab center injury laws are complex and involve state regulations and federal standards. Key statutes include:

• Health and Safety Code 1424: This code establishes the class of citations issued to the facilities, with the most severe type, Class AA, getting issued when a facility’s violation directly causes a resident’s death.
• The Patients’ Bill of Rights: Every resident in a California nursing facility has the right to be free from physical and mental abuse and to confidential medical treatment.
• Statute of Limitations. In general, you have two years from the date of the injury to file a personal injury case in California. Exceptions may apply if the injury wasn’t discovered right away.

Hire a Nursing and Rehabilitation Center Injury Lawyer

Determining the right time to seek legal counsel is crucial. If a facility remains vague about how your loved one got injured, or if you notice a sudden decline in your relative’s health without a clear medical explanation, you should take action.

You should hire a nursing and rehabilitation center injury lawyer as soon as you suspect that a facility’s standard of care has fallen below legal standards and report an elder abuse case to the Adult Protection Services Agency. In Los Angeles, this is located on South Vermont Avenue.

Early intervention allows your legal team, such as the attorneys at Belgum, Fry & Van Allen, to preserve evidence like staffing logs, video surveillance, and medical charts before they get changed or deleted.

FAQs

What Is the Average Bodily Injury Settlement in California?

There isn’t one set average bodily injury settlement in California, because the numbers fluctuate based on the severity of the injuries, the full cost of medical care, the strength of the evidence of neglect, and the legal jurisdiction.

Your recovery is generally based on the specific economic and non-economic damages you suffered. A dedicated attorney can help you determine a specific value to your claim, not an average.

How Much Can You File a Claim Against a Nursing Home for Negligence in California?

How much you can file a claim against a nursing home for negligence in California depends on the type of claim. While standard medical malpractice claims have specific caps under the Medical Injury Compensation Reform Act, claims brought under the Elder Abuse Act can often exceed these limits.

Plus, in California, there is no cap on economic damages, like medical bills and future care. For non-economic damages, like pain and suffering, the limits depend on the type of claim.

How Much Does a Personal Injury Lawyer Cost in California?

How much a personal injury lawyer costs in California depends on the specific details of your case. In general, most attorneys handling personal injury cases may operate on a contingency fee arrangement, meaning clients are not required to pay money upfront. The attorney’s compensation is typically a portion of the final recovery, and the percentage can vary.

What Are the Odds of Succeeding in a Personal Injury Case?

The odds of succeeding in a personal injury case are generally high for legitimate claims against nursing and rehabilitation centers. The majority of personal injury cases settle before even going to court, and even those that go to trial typically rule in favor of the plaintiff. For cases involving nursing homes, having documented evidence of a facility’s violations significantly increases your chances for a favorable outcome.

Stand Against Nursing and Rehabilitation Center Mistreatment Today

When you are ready to hire a nursing and rehabilitation injury attorney, you need a firm that understands the intricacies of California’s healthcare landscape and its legal system. Look no further than Belgum, Fry & Van Allen.

Our goal is to hold negligent facilities accountable and help you acquire the funds and resources you need to move your loved one to a safer, higher-quality environment. Reach out to us today for a free consultation, and we can handle everything from exploring elder abuse laws to conducting initial investigations and reviewing compensation options.