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California Injury Claims Center - 866.757.6949

California Injury Claims Center - 866.757.6949California Injury Claims Center - 866.757.6949California Injury Claims Center - 866.757.6949

California Injury Claims Center - 866.757.6949

California Injury Claims Center - 866.757.6949California Injury Claims Center - 866.757.6949California Injury Claims Center - 866.757.6949
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California Nursing Home Injury Lawsuits

 California Nursing Home Injury Lawsuits

California Nursing Home Injury Lawsuits

If you’ve been involved in a nursing home accident that was no fault of your own, it’s important that you know your legal rights. We know that lawsuits can be overwhelming and stressful, which is why you need the support of experienced nursing home injury litigators to help you get financial compensation for your recovery and rebuilding your life.


Nursing home lawsuits are legal claims filed in civil courts that allege abuse and misconduct on the part of the nursing home. This process must be done by an experienced attorney that specializes in nursing home abuse cases.


Nursing Home Lawsuits Must Prove 3 Elements


  • Nursing home was in a legal contract to provide care to the victim
  • Nursing home failed to uphold their duty of care in the contract
  • The injury facts stated in the lawsuit against nursing home from a lack of care


Starting a nursing home injury lawsuit is a complex matter. Being represented by a lawyer experienced in nursing home abuse and accident cases is mandatory.


Experience counts when you hire a nursing home accident attorney to handle your personal injury case. 


Our lawyers understand what it is like to be involved in a nursing home abuse case and have provided expert legal representation nationwide for decades. Permanent injuries are common in nursing home accidents and can have life-altering consequences. 


Nursing home accident settlements often settle for larger dollar amounts because of the insurance requirements for nursing home company carriers.


Nursing home companies have teams of attorneys protecting their interests and will attempt to get accident victims to either drop their cases or settle for much less. The reality is that many nursing home accident cases require a personal injury lawsuit to obtain sufficient compensation for your injuries.


Some nursing home cases have more complex causes or involve more parties than others, which can influence the overall length of the case. There may be multiple individuals or companies that are responsible for causing or contributing to the nursing home accident, and you may have to prove how each party played a part in the injury. 


Types of Nursing Home Injuries


  • Abrasions
  • Aspiration Pneumonia
  • Assaults 
  • Bed Rail Entrapment
  • Bed Rail Injuries
  • Bed Sores
  • Bone Fractures
  • Broken Hips
  • Bruises
  • Burns
  • Choking
  • Cuts
  • Dehydration
  • Dropped Patients
  • Emotional Abuse
  • Excessive/Improper Restraints
  • Head Injuries
  • Hip Fractures
  • Improper Medication
  • Improper Treatment
  • Infections
  • Malnutrition
  • Medication Errors
  • Medication Overdoses
  • Neglect
  • Pelvic Fractures
  • Physical Abuse
  • Physical Assault
  • Pressure Ulcers
  • Resident Falls
  • Sexual Abuse
  • Sprains
  • Subdural Hematoma
  • Unclean Conditions
  • Unexpected Falls
  • Unsanitary Conditions
  • Untimely or Unexplained Death
  • Wandering
  • Wheelchair Injury
  • Wrongful Death


Causes of Nursing Home Accidents


  • Breach of Statutory or Regulatory Rights
  • Doctor Negligence
  • Financial Exploitation
  • Hazardous or Unsanitary Conditions
  • Inadequate Staffing
  • Lack of Supervision
  • Medication Errors 
  • Negligent Hiring Practices
  • Nursing Negligence
  • Prescription Drug Errors
  • Substandard Medical Treatment
  • Third-Party Responsibility Claims


Nursing Home Accident Statistics


  • 2.6 million Americans are living in nursing homes or an assisted living facility.
  • 1 in 10 Americans age 65 or older will spend some of their lives in a nursing home.
  • 50% of nursing home residents do not have close relatives or any family support.
  • 44% of nursing home residents have suffered some type of physical abuse.
  • 75% of the nursing home residents are women and 50% of nursing home residents are age 85 or older.
  • 1 million elderly Americans are victims of physical, psychological and other forms of nursing home abuse each year.

Types of Nursing Home Abuse

Physical Abuse


  • Beating
  • Burning Skin
  • Chemical Restraints
  • Deprivation of Medication
  • Kicking 
  • Knocking Down
  • Physical Restraints
  • Pinching 
  • Pulling Hair
  • Punching
  • Shoving 
  • Slapping
  • Striking
  • Withholding Hydration
  • Withholding Hygiene Needs
  • Withholding Nutrition


Sexual Abuse


  • Emotional Abuse
  • Fondling
  • Forced Exposure to Pornography
  • Forced Oral Copulation
  • Inappropriate Touching
  • Rape
  • Sexual Assault
  • Sexual Coercion
  • Sexual Harassment
  • Sodomy


Financial Abuse


  • Accessing Bank Accounts of Resident
  • Billing Resident For Services Not Provided
  • Electronic Transfers
  • Electronic Debits From Resident's Account
  • Forged Check of a Resident
  • Identity Theft of Resident For Financial Gain
  • Online Credit Card Transactions
  • Stealing Money From Resident
  • Stealing Property From Resident
  • Self-Dealing Transactions With A Resident
  • Tricking Resident Into Executing A Contract, Will, Trust, or Will


Emotional Abuse


  • Abandonment
  • Emotional Manipulation
  • Isolation 
  • Threats
  • Verbal Abuse

Nursing Home Statute of Limitations

Whether a minor injury or serious injury, nursing home cases can take a long time to reach financial settlements. Most states allow plenty of time between the accident/injury and the deadline for filing a lawsuit. Injured victims should contact a nursing home accident lawyer for advice on when to file.  


Understanding Your Statutes of Limitations


Every state is different regarding nursing home accidents and lawsuits. In most cases, victims have 1-3 years to seek legal action against the responsible parties for your injury. If you're concerned about your Statute of limitations timeline, a free case evaluation will help you 

Compensation Damages from a Nursing Home Accident

Compensatory damages are available to nursing home injury victims. Compensatory damages are intended to compensate a plaintiff for losses in an injury accident. Compensatory damages in a nursing home lawsuit can include both “economic” damages and “non-economic” damages.


Anyone injured in a nursing home accident may be able to file a personal injury lawsuit for damages caused by nursing home abuse. If the nursing home was negligent in causing an accident, the injury victim can file a lawsuit to recover damages that can include;


  • Court Costs
  • Disfigurement 
  • ER Treatment
  • Future Medical Treatment 
  • Hospital Stays
  • Loss of Consortium for Spouse
  • Loss of Enjoyment in Life
  • Medical Bills
  • Medical Supplies
  • Nursing Home Care
  • Pain and Suffering
  • Physical Disability
  • Physical Therapy
  • Prescription Drugs

What Happens During a Nursing Home Accident Lawsuit?

Because each nursing home accident lawsuit case is unique, it could take several months or even years to settle a claim or complete a trial. A nursing home injury/accident lawsuit involves the following steps; 


Claim Assessment - When a claim is filed, an assessment is made to ensure you have a valid case. This involves examining injury/accident details, evidence, damages suffered, medical expenses, cost of future care and the negligence of the other party. This assessment is done during your free consultation.


Investigation - If you have a qualified case, a thorough investigation of your personal injury case will begin immediately to preserve evidence. Negligent parties will also be notified, and a demand will be issued for preservation of all evidence, including photographs, equipment, and any other data.


File and Complaint - Once your evidence is preserved, a lawsuit will be filed against all parties who are deemed negligent in the accident.


Case Discovery - This is where case information is requested from the other parties, conduct depositions, interview witnesses and obtain expert analyses, accident reconstruction, and medical evidence to build a solid case.


Begin Mediation - Victims and defendants will attend mediation to determine if a fair settlement can be reached. During mediation, a negotiator will attempt to make a settlement to compensate for pain, suffering and other damages. 


Go to Trial - If no settlement can be reached in mediation, the lawsuit will proceed to trial. The case will be heard by a jury or judge.  Attorney's will present evidence and participate in closing arguments. The majority of personal injury lawsuits will settle before going to trial.


Settlement - The judge or jury will then determine fault and make a decision on the amount of compensation to award for your losses.


 Put Experienced Injury Investigators on Your Case! 

Free Case Evaluation – Nursing Home Accident Lawsuits

Do You Have a case? It Costs Nothing to Find Out!


If you or a loved has been injured in a nursing home accident due to the negligence of others, we can help.


We have experienced nursing injury lawyers that will hold negligent parties responsible for personal injuries, including wrongful death.


Contact us today for a free, no-obligation case review. We can provide you with a 100% free case evaluation where we can examine the details of your case and determine which legal strategies can best protect your future.
 

If you think you have a case, now is the time to reach out to a legal representative. If you believe that you have a nursing home case, we can help you now.
 

· No Fees Charged, Until Your Case is Won

· Available 24/7 for Your Case Support

· Our Team Will Travel to You


We Help Get You Fair and Just Compensation for Your Nursing Accident Injuries!

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  • Submit Your Case
  • How Long Will Case Take?
  • How Much Is Case Worth?
  • Statute of Limitations
  • Aircraft Accidents
  • Amusement Park Accidents
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  • Bicycle Accidents
  • Birth Injury Lawsuits
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