When institutional neglect results in a fatal outcome, California law provides dual legal pathways to ensure accountability. Surviving family members can pursue a wrongful death lawsuit to seek compensation for their own profound loss of companionship, love, and emotional support. Concurrently, the resident’s estate can file a “survival action” under the California Elder Abuse Act, which uniquely allows for the recovery of financial damages for the physical pain and suffering the senior endured prior to their passing.
