Families can recover for medical expenses, physical pain, emotional suffering, and in extreme cases of corporate malice, punitive damages.
FAQs
What is “Acuity Creep”?
It is the practice of facilities keeping residents whose health has declined to the point where they need skilled nursing care. The facility keeps them to continue collecting rent, even though they cannot safely care for them.
What if we signed an arbitration agreement?
Many facilities try to force families into arbitration to avoid a jury trial. However, these agreements are often unenforceable under California law. We have successfully challenged these agreements to ensure our clients get their day in court.
Who can file a lawsuit if a resident has passed away?
The resident's heirs (usually children or a spouse) can file a wrongful death claim. Additionally, the estate can pursue a survival action for the pain and suffering the resident endured before their assisted living death.
Is a fall in assisted living always considered neglect?
Not always, but if the facility knew the resident was a fall risk and failed to provide the necessary assistance or failed to follow the care plan, it is assisted living negligence.
How do you prove memory care sexual assault?
We use a combination of medical forensic evidence, facility staffing logs to see who was on duty, and investigations into the facility’s hiring practices and supervision protocols. Our firm treats these cases with the utmost sensitivity and aggression toward the...
Can I sue for “understaffing” even if there wasn’t a specific fall?
Understaffing is often the underlying cause of a lawsuit, but generally, there must be a resulting injury (such as an infection, bedsores, or a fall) to pursue a civil claim for damages.
What is the difference between assisted living and a nursing home?
Assisted living facilities (RCFEs) are non-medical settings focused on supervision and assistance. Nursing homes are clinical medical facilities. However, if an assisted living facility accepts a resident, they are legally required to meet that resident's specific...
Will my loved one be retaliated against if I sue?
Retaliation is illegal under California law. We work closely with families and the Ombudsman to ensure that residents are protected and, if necessary, moved to a safer environment while the case proceeds.
How do we pay for a nursing home abuse lawyer?
Our firm works on a 100% contingency basis. We cover all the upfront costs of litigation, and we are only paid if we successfully recover a settlement or verdict for you.


