Yes. A wrongful death claim compensates the *heirs* for their loss. A survival action allows the *estate* to recover damages for the harm done to the *deceased* person while they were still alive.
The facility is required to report unexpected deaths to the California Department of Public Health (CDPH) or the Department of Social Services (CDSS). However, you should also file an independent complaint to ensure a thorough investigation.
This is a standard defense. We counter this by showing that the death was a foreseeable consequence of the facility’s failure to follow its own care plans or state staffing regulations.
Yes. In addition to a wrongful death claim, we often file a "Survival Action" under the Elder Abuse Act, which allows the estate to recover for the physical and emotional pain the resident suffered before they died.
Compensation can include funeral and burial expenses, loss of financial support, and "non-economic" damages for the loss of love, companionship, and moral support.
Yes. Many death certificates list the immediate cause (like "respiratory failure"), but do not list the neglect (like "aspiration pneumonia") that caused it. We use medical experts to determine the true chain of events.
Under California law, the surviving spouse, domestic partner, or children are the primary individuals entitled to file. If none exist, other heirs (such as parents or siblings) may be eligible depending on the circumstances.
Contact Stebner, Gertler, & Guadagni for a free consultation. We will review the facility’s history and the specific circumstances of the elopement to determine the best legal path for your family.
You can seek compensation for medical treatments, pain and suffering, emotional distress, and in cases of extreme recklessness, punitive damages and attorney's fees.
The statute of limitations for elder abuse in California is generally two years from the date of the incident. However, you should act quickly to ensure that surveillance footage and staffing records are preserved.
