When a loved one suffers neglect or abuse in a nursing home, the emotional toll is overwhelming. You’re left with anger, sadness, and questions: could this happen, and what can be done? A recent $20 million verdict in a Sonoma County elder abuse case reminds us of the severity of nursing home neglect and the vital role of legal action in achieving justice.
If you’re searching for a lawyer, here are a few crucial things to keep in mind. First, look for a lawyer who has deep experience in handling elder abuse and nursing home neglect cases. These cases require knowledge of healthcare standards, state regulations, and facility policies. A general personal injury lawyer may not be enough.
Choosing someone who is familiar with California elder laws, like the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), is also essential. In addition to settlements, your attorney should have a history of successful outcomes to show that they can go to court if needed.
Finally, you want someone who offers clear communication, empathy, and transparency. The attorney should offer a free consultation with no pressure to hire, and during that meeting, you should walk away with a better understanding of your options, even if you decide not to move forward.
As for potential settlement amounts, the Sonoma County case is a strong reference point. After concluding that a lady died due to repeated avoidable falls and extended neglect, the jury granted $20.5 million. Although each case is unique, this decision demonstrates what can happen when solid legal counsel is combined with indisputable proof of evil.
Types of Nursing Home Abuse and Neglect Injuries
Elder abuse in nursing homes may not always present as visible bruises, but can often take the form of subtle neglect or emotional harm. It can manifest in a variety of ways, including preventable, emotional, and physical. Unfortunately, a lot of these injuries go unreported.
Many people fall frequently, which can lead to head trauma, hip fractures, or spinal injuries. In the Sonoma case, the victim suffered four falls in five months, each one getting worse. Senior falls are particularly deadly; according to the CDC, over 3 million people receive treatment for fall-related injuries each year, and 800,000 older people are hospitalized for fall-related injuries, often resulting in broken bones or traumatic brain injuries.
When caregivers fail to regularly rotate bedridden patients, another common condition that develops is bedsores, commonly referred to as pressure ulcers. Sepsis or other serious health problems could arise if these wounds become infected. Poor nutrition and dehydration are other major problems; many abused prisoners go without enough food or water, which speeds up their physical and mental decline.
Here are a few additional injury types that stem from neglect
- Medication errors: Administering the wrong drug, wrong dose, or skipping doses entirely.
- Emotional distress: Caused by isolation, verbal abuse, or witnessing abuse of other residents.
- Physical abuse: Though less common, there are cases of staff or other residents physically harming vulnerable individuals.
- Sexual abuse: Tragically, these cases exist and are often underreported due to shame or dementia-related memory loss.
Each of these injuries is preventable when care facilities follow basic protocols. The prevalence of these injuries in California is a warning sign that oversight is falling short and that families must act when something goes wrong.
Howell LLP Knows How to Handle These Cases
At Howell LLP, we’ve built a strong reputation in California for standing up for elder abuse victims and their families. We understand that nursing home neglect cases are about more than just financial compensation they’re about dignity, justice, and accountability.
Our elder abuse attorney has handled numerous elder abuse and nursing home neglect cases and understands exactly how to investigate internal facility failures, secure expert medical testimony, and fight against well-funded corporate legal teams. We’re not intimidated by large assisted living companies, we hold them accountable.
We take great satisfaction in conveying this to you in a straightforward and caring manner throughout your case. You won’t feel under any obligation to sign anything when you phone Howell LLP. We provide a totally free consultation in which we will hear your tale, go over any supporting paperwork you may have, and go over your legal alternatives. We take the time to ensure that you feel heard and supported since we recognize that many people find this process unfamiliar and frightening.
Why It’s a Good Idea to Hire a Lawyer for Nursing Home Abuse Cases
It can be tempting to try to resolve a situation directly with the nursing home. Maybe they’ve apologized. Maybe they’ve offered a modest settlement. But elder abuse cases are legally and emotionally complex, and attempting to navigate them without a lawyer often means accepting less than you deserve, especially when a strong nursing home abuse case verdict like the recent $20 million outcome shows what’s truly possible with proper legal representation.
A skilled elder abuse lawyer can:
- Gather evidence before it’s lost or covered up.
- Retain medical experts to prove causation and long-term impact.
- Navigate California elder law statutes, including deadlines and documentation.
- Negotiate with insurance companies, who are experts at minimizing payouts.
- Take your case to trial, if that’s what it takes to secure justice.
Ultimately, a lawyer ensures you’re not alone and that your loved one’s story is told in full.
Strategies Defendants Use to Avoid Paying in Civil Cases
Unfortunately, many assisted living corporations have entire legal teams dedicated to reducing liability. Their tactics are often designed to delay, confuse, and discourage families from pursuing claims.
Some common strategies include:
- Blaming the resident’s age or medical conditions, rather than accepting responsibility
- Delaying document requests or withholding internal records
- Offering lowball settlements early on, hoping you’ll accept without legal advice
- Arguing that the injuries were not caused by staff or facility conditions
- Minimizing emotional damage, especially in cases involving dementia or cognitive decline
Howell LLP has seen all these tactics and knows how to beat them. Our attorneys work fast to preserve evidence and confront bad faith defenses head-on.
How Injuries from Nursing Home Abuse Can Affect You for the Rest of Your Life
While some injuries may appear minor at first, many elder abuse injuries have lifelong consequences. A single hip fracture may lead to permanent immobility. Head trauma from a fall can worsen dementia or trigger seizures. Dehydration or infection can cause irreversible organ damage.
Emotionally, these incidents can destroy trust in caregivers and reduce a senior’s quality of life dramatically. For families, the effects are equally deep: guilt, anger, financial stress, and the trauma of watching a loved one suffer.
Even if the resident recovers physically, the experience of being neglected, left lying in pain, hungry, confused can have a profound and lasting impact.
The Three Most Important Things After an Injury from Nursing Home Neglect
When a loved one is injured due to nursing home abuse or neglect, it’s vital to act quickly and carefully. These three steps are critical:
- Get Immediate Medical Attention: Ensure your loved one receives proper treatment. Keep copies of all hospital records, diagnostic images, and medical reports.
- Document Everything: Take photos of injuries, and conditions in the room, and speak with witnesses if possible. Keep a log of conversations with staff or administrators.
- Consult an Elder Abuse Attorney: Don’t wait until evidence is lost or legal deadlines expire. A prompt legal consultation helps secure your rights and protects your loved one.
Frequently Asked Questions About Elder Abuse Cases in California
Q: What is considered elder abuse under California law?
A: Abuse includes physical harm, neglect, abandonment, isolation, financial exploitation, and denial of basic necessities.
Q: Can I use a nursing home for negligence?
A: Yes. If the facility’s failure to provide adequate care led to injury or death, you may file a civil lawsuit under California’s elder abuse statutes.
Q: How long do I have to file a claim?
A: Generally, you have two years from the date of injury, but some exceptions apply. The sooner you act the better.
Q: Can I file a claim if my loved one has passed away?
A: Yes. Family members can file a wrongful death or survival action depending on the circumstances.
Q: What kind of compensation is available?
A: Compensation may include medical expenses, pain and suffering, emotional distress, funeral costs, and punitive damages in extreme cases.
Good Results Howell LLP Has Achieved – Call Us Today
A traumatic brain injury can turn your entire world upside down. Whether it’s a minor concussion or a life-altering brain bleed, you have the right to pursue compensation for your medical bills, lost income, and emotional suffering.
Suffering a brain injury in a car accident can change everything. At Howell LLP, we are here to help you understand your legal rights and fight for the compensation you deserve. Schedule a free consultation today and let our experienced brain injury lawyer guide you through the next steps with clarity, confidence, and care.