If you discover that a loved one is experiencing mistreatment or neglect in a care facility, you don’t have to handle the situation alone. A San Bernardino personal injury lawyer can stand up for your family and help you build a legal claim.
The team at Omega Law Group Injury & Accident Attorneys has been representing victims of accidents and abuse since 2016. If your loved one has been mistreated by nursing home staff members, a nursing home abuse lawyer in San Bernardino can guide you through the legal process and fight to bring you fair compensation.
Why Hire a San Bernardino Nursing Home Abuse Lawyer?
Our San Bernardino nursing home abuse lawyers understand the process for filing claims against nursing homes and have the resources to stand up to these big facilities and their powerful legal teams.
You can rely on us to:
- Explain your next steps
- Track the losses your family has suffered
- Identify the parties liable for your loved one’s mistreatment
- Help with insurance negotiations
- File a lawsuit and represent your family in court (if necessary)
- Give clear answers to all of your legal questions
What Is My Claim Worth?
Since every case is unique, there is no average payout for negligence in a nursing home. Some claims yield settlements in the low six figures, while others settle for over $1 million.
The value of your claim depends on several factors, including:
- Injury severity
- Medical bills (past and future)
- Pain and suffering
- Emotional distress
- Costs of relocating your loved one to a new facility
- The extent of the financial exploitation (if applicable)
- Your loved one’s age and life expectancy
- Whether the abuse or neglect is fatal
A nursing home abuse attorney in San Bernardino can evaluate your case and estimate its worth.
Deadlines for Nursing Home Abuse Claims in California
California law restricts how long you can wait to file a nursing home abuse lawsuit. Under CCP § 335.1, the deadline to file a lawsuit is typically two years from the date of the injury or from when the abuse was discovered (or reasonably should have been discovered). That said, different deadlines may apply in cases involving financial abuse or medical malpractice.
If you don’t file your lawsuit before the applicable statute of limitations expires, you will likely forfeit the right to pursue damages. We can review your situation and give you more information about the deadlines associated with your family’s claim.
Will My Case Go to Trial?
Most nursing home abuse claims are resolved through negotiated settlements rather than courtroom trials.
However, a trial may become necessary if:
- The nursing home denies responsibility.
- The insurance company refuses to offer fair compensation.
- There are significant disputes about the cause of your loved one’s injuries.
We can help prepare your case as though it will go to trial to strengthen your position during negotiations.
Where Does Elder Abuse Occur?
Elder abuse can occur in a variety of facilities that provide care for elders and dependent adults, including:
- Skilled nursing facilities: These are nursing homes that provide around-the-clock medical care and assistance with daily living.
- Residential care facilities for the elderly (RCFEs): These facilities (which include assisted living facilities) help residents with personal care and daily activities.
- Other long-term care facilities: These include sub-acute care facilities, behavioral health units, and other residential care settings that serve older adults and dependent adults.
Common Signs of Elder Abuse
Abuse and neglect are not always obvious. Common signs to watch out for include:
- Unexplained injuries: Bruises, cuts, burns, broken bones, or repeated injuries may indicate physical abuse or neglect.
- Bedsores: Pressure ulcers (also known as pressure sores) can develop when residents are not repositioned properly or receive negligent care.
- Poor hygiene: Dirty clothing, unwashed hair, body odor, or soiled bedding may suggest neglect.
- Sudden weight loss or dehydration: Poor nutrition or inadequate hydration can cause a resident’s health to decline.
- Behavioral changes: Depression, anxiety, withdrawal, fear, or agitation may be signs of emotional or physical abuse.
- Frequent infections: Repeated infections can result from poor sanitation or untreated medical conditions.
- Missing personal belongings: Jewelry, cash, or other valuables that disappear without explanation may indicate theft.
- Unusual financial activity: Unauthorized withdrawals or unexpected changes to financial documents may be signs of financial exploitation.
- Unsafe living conditions: Dirty rooms, broken equipment, or inadequate staffing can place residents at risk of harm.
Why Choose Omega Law Group?
At Omega Law Group, we believe in standing by our clients every step of the way. You can let our family take care of your family if you discover evidence of abuse when visiting a loved one in a nursing home. We’ll focus on your specific needs, communicate openly with you throughout the legal process, and tailor our services to best serve you.
Our firm handles lawsuits against nursing homes on a contingency fee basis. In other words, we only accept payment for legal fees after we’ve fully resolved your claim. If you don’t win your case, you won’t owe us anything.
Steps to Take if You Suspect Elder Abuse in San Bernardino
If you believe a loved one is being abused or neglected at a long-term care facility, you should:
- Ensure their safety: If they face immediate danger, contact emergency services and remove them from the unsafe environment.
- Document your observations: Take photographs of your loved one’s injuries, as well as any unsafe conditions and other evidence of their mistreatment.
- Seek medical treatment: An independent medical examination can identify injuries, document your loved one’s condition, and create important medical records for your claim.
- Report the abuse: Notify the nursing home (and, if necessary, law enforcement).
- Save evidence: Keep all medical records, billing statements, emails, photographs, text messages, financial documents, and other information that may support your case.
- Speak with witnesses: Get statements from any family members, visitors, employees, or other residents who can support your claim.
- Get legal assistance: Our lawyers can investigate the abuse, gather evidence, communicate with insurance companies, and pursue compensation for your family.
Talk to Our Lawyers
If you need professional help building an elder abuse claim, the team at Omega Law Group is ready to step in and help. A San Bernardino nursing home abuse attorney from our team can guide you through the process of filing a claim and fight for a fair settlement on behalf of your family.
Schedule a free consultation to start building your case.