You can file a wrongful death and survival action against the facility. These legal actions allow the estate and the heirs to hold the nursing home accountable for the resident's suffering and the loss of companionship, funeral expenses, and other damages resulting...
FAQs
What kind of compensation can our family recover in an Oakland case?
You may be entitled to compensation for medical expenses, pain and suffering, and emotional distress. In cases where we can prove "recklessness, oppression, fraud, or malice," California law allows for the recovery of attorney’s fees and, in some instances, punitive...
How long do I have to file an elder physical abuse lawsuit in California?
Generally, you have two years from the date the abuse was discovered to file a personal injury claim, but this can vary. If the claim involves medical malpractice or a government-run facility, the deadlines (statutes of limitations) may be much shorter. It is critical...
Is a “chemical restraint” considered physical abuse under California law?
Yes, the unauthorized use of medication to sedate a resident for staff convenience is a form of physical abuse. Under the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), using drugs as "chemical restraints" to keep a resident quiet or compliant is...
How much does it cost to hire an elder abuse lawyer in Oakland?
We work on a contingency fee basis, meaning there are no upfront costs to your family. We only receive payment if we successfully recover a settlement or jury award for you. This allows families to pursue high-level legal advocacy against wealthy corporate nursing...
Can I sue an Oakland nursing home if there were no witnesses to the abuse?
Yes, many successful elder abuse cases are built on circumstantial and forensic evidence rather than eyewitness accounts. Because residents with dementia may be unable to testify, we use medical expert testimony to distinguish between "accidental" injuries and those...
What should I do first if I suspect my loved one is being physically abused?
Call 911 immediately if there is an active threat or emergency. Once your loved one is safe, document any visible injuries with photographs and report the incident to the Alameda County Long-Term Care Ombudsman at (510) 638-6878. Contacting an Oakland elder abuse...
How do I move my loved one out of an Oakland facility safely?
We provide guidance on transitioning your loved one to a safer environment while ensuring all evidence from the original Oakland facility is legally preserved for your claim.
Is the Long-Term Care Ombudsman the same as a lawyer?
No, the Alameda County Ombudsman is a state-authorized advocate who helps resolve care disputes, but they cannot file civil lawsuits or recover financial damages for your family.
What kind of compensation is available in these cases?
Compensation typically covers the cost of specialized medical care, psychological counseling, pain and suffering, and "punitive damages" designed to punish the corporation for its negligence.


