Knowing that your loved one has been neglected or abused while living at a nursing home is heartbreaking and stressful enough. If you are contemplating filing a lawsuit in San Diego to take action against the facility and employee for this abuse, the legal process can add a layer of intimidation.
We are here to help you understand your rights in a nursing home abuse claim if you decide to take the next step and take action against them, with answers to a few frequently asked questions.
Do You Have to Report Nursing Home Abuse Before You File a Lawsuit?
In the state of California, you do not need to have a right to sue letter before you file a lawsuit against a nursing home or similar facility, nor are you required to report the abuse or neglect to any governmental agency.
It is a good idea, however, to check the governing agreement for residents of the facility with your attorney – and if one exists – to see if there is any further important information regarding disputes before you file a lawsuit.
How is Nursing Home Abuse Defined by California Law?
The California Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) declares that elder abuse is defined as a number of methods, including physical abuse, neglect, fiduciary abuse, abandonment, isolation, abduction, or any other abuse that results in physical pain or mental distress.
While the EADACPA definition of nursing home abuse is generally broad, it is vital to narrow down the specific facts about your case with an attorney to ensure your lawsuit is legally viable.
What is the Time Limit for Filing a Nursing Home Abuse Claim?
Under California law, most nursing home abuse lawsuits must be filed within two years of the date the actual abuse occurred. If you do not file within that two-year window, the claim may become time-barred.
What is the Financial Limit of a Nursing Home Abuse Claim?
This can vary because it really depends on the specific facts of each nursing home case, but the general legal guidelines to consider when answering this question include:
- If the abuse involved a licensed medical professional, there may be a cap on the financial payout.
- If the abuse involved an employee, manager, or executive, there may be no financial limits on your claim.
Regardless, the legal issues and details of these cases can be extremely complicated, so it is essential to discuss your specific situation with an attorney who is well-versed in elder abuse law as soon as you can to ensure you get the most in financial compensation that you deserve.
How Can I Find the Best Attorney to Represent my Nursing Home Claim?
If you have more questions about your elder loved one’s nursing home abuse claim, schedule a consultation with San Diego nursing home abuse attorney Joel Bryant, one of the first attorneys to specialize in this type of law in the area. He will discuss how to best fight for fair compensation for the damages that were made.