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When families place a loved one in a nursing home, assisted living facility, or skilled nursing facility, they expect them to receive proper care, dignity, and respect. Tragically, many elder care facilities fail in this duty, leading to serious injuries, neglect, and, in far too many cases, wrongful death.
At The Elder Justice Firm, we specialize in representing families who have lost loved ones due to nursing home abuse, neglect, and medical malpractice. Our California nursing home wrongful death lawyers have secured over $200 million in verdicts and settlements, including cases against some of the largest corporate-owned elder care facilities in the country.
When a senior’s death is caused by negligence, California law allows both the surviving family members and the deceased elder’s estate to seek justice. Under California Code of Civil Procedure § 377.34, an elder who suffered abuse or neglect can still recover damages for the pain and suffering they experienced before death—a unique provision in elder abuse cases that maximizes recovery for victims and their families.
If your loved one’s death was caused by nursing home negligence, we are here to help you pursue justice and hold these facilities accountable.
A wrongful death claim is a legal action brought when a loved one dies due to negligence or abuse in a nursing home, assisted living facility, or other elder care environment. Under California Code of Civil Procedure § 377.60, family members may seek compensation for the loss of their loved one, emotional suffering, and financial damages.
The following individuals are eligible to file a wrongful death lawsuit:
Additionally, a claim can be filed on behalf of the deceased elder’s estate, which can recover pain and suffering damages under California’s elder abuse statutes—something not typically allowed in standard wrongful death cases.
Wrongful deaths in nursing homes, assisted living facilities, and skilled nursing facilities often result from neglect, understaffing, or deliberate cost-cutting measures by corporate owners. Below are some of the most common ways elder care negligence leads to wrongful death:
Falls are one of the leading causes of injury and death in elder care facilities. Many seniors have mobility impairments that require proper supervision and fall prevention measures. When facilities fail to provide:
The result can be fatal head trauma, fractures, or internal bleeding.
Many elderly residents are unable to feed themselves or require assistance to eat and drink. Understaffed or negligent facilities often fail to provide proper nutrition and hydration, leading to:
Many seniors rely on daily medications for chronic conditions such as diabetes, heart disease, and high blood pressure. Common medication errors include:
These mistakes can severely compromise a resident’s health and lead to preventable deaths.
Failure to provide proper hygiene, wound care, and infection monitoring can lead to:
When infections are ignored or untreated, they can rapidly progress into septic shock and death.
Elder abuse is not just neglect—it is also intentional harm caused by staff members. Physical abuse can result in:
If your loved one suffered abuse or neglect leading to death, our firm can hold both the facility and individual perpetrators accountable.
At The Elder Justice Firm, we take an aggressive and strategic approach to investigating wrongful death cases. Our methods include:
If a facility has a history of violations, we use this as evidence of a pattern of neglect—strengthening your case.
One of the most powerful legal tools in an elder abuse wrongful death case is California’s unique exception allowing pre-death pain and suffering claims. Unlike standard wrongful death lawsuits, elder abuse cases allow the estate of the deceased to recover damages for the pain and suffering the elder endured before their death.
This means we can pursue compensation for the suffering caused by:
Under California Code of Civil Procedure § 377.34, nursing homes and elder care facilities cannot escape liability for the pain and suffering they caused. We use this law to maximize recovery for the elder and their family.
Our attorneys have a proven track record of taking on large corporate elder care facilities and winning. We have recovered millions of dollars for families affected by elder abuse and wrongful death.
When you work with The Elder Justice Firm, you get:
If your loved one suffered a wrongful death due to elder care negligence, we are here to help. Please contact our California nursing home wrongful death lawyer for a free, confidential consultation. We are here to answer your questions and help guide you through this difficult process.
The value of a wrongful death claim in an elder abuse case depends on several factors, including the severity of the neglect or abuse, the pain and suffering experienced before death, and the financial and emotional losses suffered by the surviving family members.
Damages That May Be Recovered:
Economic Damages (Financial losses related to the death):
Non-Economic Damages (Compensation for the emotional and personal impact of the death):
Punitive Damages (In cases of extreme neglect or intentional abuse):
If the facility’s conduct was particularly egregious, punitive damages may be awarded to punish the facility and deter similar conduct in the future.
The average settlement or verdict for an elder abuse wrongful death case varies widely, ranging from hundreds of thousands to several million dollars, depending on the strength of the case and the level of negligence involved.
The timeline for a wrongful death claim depends on several factors, including:
The complexity of the case – Cases with extensive evidence of abuse or neglect may take longer to litigate.
Whether the case settles or goes to trial – Many cases settle within 6-12 months, while cases that go to trial can take 1-3 years.
We prepare every case as if it is going to trial, which often forces faster settlements from nursing homes and corporate defendants who want to avoid litigation.
Under California Code of Civil Procedure § 377.60, the following individuals can file a wrongful death claim:
The deceased elder’s spouse or domestic partner
The deceased elder’s children
Grandchildren (if the elder’s children are also deceased)
Other financially dependent individuals, such as stepchildren or other relatives who relied on the deceased for financial support
The personal representative of the elder’s estate, who may also bring a claim for the elder’s pre-death pain and suffering under California Code of Civil Procedure § 377.34
If you are unsure whether you qualify to file a wrongful death lawsuit, our attorneys can evaluate your situation and guide you through the process.
Many families suspect something was wrong, but they are not sure whether their loved one’s death was caused by neglect or abuse. If your loved one experienced sudden or unexplained health deterioration, it is important to investigate.
Warning signs of wrongful death due to elder neglect include:
If you have any doubts, our legal team can conduct an independent investigation and obtain the medical records, staff reports, and regulatory violations needed to determine whether negligence played a role in your loved one’s passing..
Many nursing homes and assisted living facilities try to cover up neglect by blaming the death on pre-existing conditions or old age. However, we have seen many cases where the “natural cause” listed on a death certificate was actually the result of neglect.
For example, a facility may claim:
Proving wrongful death due to elder abuse requires strong evidence and expert testimony. Our team gathers:
We also work with top elder care and forensic experts to analyze medical conditions, review facility records, and testify about the failures that led to your loved one’s death.
At The Elder Justice Firm, we handle wrongful death cases on a contingency fee basis. This means:
There are no hidden fees and no financial risk to you—we only get paid when we recover compensation for your family.
If your loved one died due to nursing home neglect, abuse, or medical negligence, the first step is to schedule a free consultation with our attorneys.
We will listen to your concerns and determine whether you have a strong case.
We will conduct an initial investigation and request facility records.
If negligence is found, we will aggressively pursue compensation on behalf of your family and your loved one’s estate.
Contact The Elder Justice Firm today for a free, confidential consultation. We will work to hold these facilities accountable and obtain justice for your loved one.
We have won multi-million-dollar cases against public and private facilities on behalf of our clients. As a result, many institutions and their insurance companies opt to settle with us, based on our attorneys’ reputations.
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