Frequently Asked Questions

General Elder Abuse Questions

Elder abuse includes physical abuse, neglect, financial exploitation, emotional abuse, abandonment, and medical malpractice affecting individuals aged 65 and older. Under California law, any mistreatment that causes harm, distress, or financial loss to a senior is considered elder abuse.

Warning signs of elder abuse include unexplained injuries, sudden weight loss, dehydration, bedsores, frequent infections, changes in behavior, fear of staff or caregivers, missing money or valuables, and poor hygiene. If you suspect abuse, document the signs and seek legal guidance immediately.

First, ensure your loved one is safe. Document any injuries or signs of neglect, talk to staff, and file a complaint with the California Department of Public Health (CDPH). If the facility is unresponsive, consult an elder abuse attorney to discuss legal action.

Liability may fall on nursing homes, assisted living facilities, in-home caregivers, hospitals, doctors, or financial institutions that fail to protect seniors from harm. In some cases, individual caregivers may also be held accountable.

Yes. You can file an anonymous complaint with Adult Protective Services (APS), the CDPH, or a local Ombudsman program. However, providing contact information may help investigators gather more details.

Why Choose The Elder Justice Firm?

Elder abuse cases are complex, requiring medical evidence, expert testimony, and legal knowledge to prove negligence and maximize compensation. Nursing homes and insurance companies often fight claims aggressively, so having a skilled elder abuse lawyer increases your chances of success.

Unlike general personal injury firms, we focus exclusively on elder abuse litigation and have a track record of success against major nursing home chains. We use CDPH reports, expert witnesses, and aggressive litigation strategies to hold negligent facilities accountable.

Yes. We represent elder abuse victims in Los Angeles, San Diego, San Francisco, Sacramento, Riverside, Orange County, and every other region in California.

Nursing Home Abuse & CDPH Investigations

You can file a complaint with the California Department of Public Health (CDPH) Licensing & Certification Division online or by phone.

CDPH Complaint Portal: File a Complaint
CDPH Complaint Hotline: 1-916-558-1784

Once a complaint is filed, the CDPH conducts an unannounced inspection, interviews staff and residents, reviews medical records, and assesses whether the facility violated state and federal health laws.

Yes. CDPH reports can serve as crucial evidence in a lawsuit by documenting a history of violations, complaints, and patterns of neglect. If a facility has prior citations, that history can strengthen a punitive damages claim against them.

It is common for facilities to deny wrongdoing, falsify records, or pressure families to settle quickly. Our attorneys work with medical experts, former employees, and state investigators to expose cover-ups and uncover the truth.

Legal & Financial Questions

Victims and their families may recover compensation for:

  • Medical expenses (hospitalization, rehabilitation, medications)
  • Pain and suffering (physical and emotional distress)
  • Financial losses (stolen assets, fraudulent transactions)
  • Punitive damages (if the facility acted with reckless disregard for safety)
  • Wrongful death damages (if the abuse led to death)

Punitive damages are awarded in cases of extreme misconduct to punish the wrongdoer and deter future abuse. Under California’s Elder Abuse and Dependent Adult Civil Protection Act (WIC § 15600), punitive damages may be awarded if the nursing home, caregiver, or facility engaged in reckless, fraudulent, oppressive, or malicious conduct.

We work on a contingency fee basis, which means you pay nothing upfront. Our fees are only collected if we win your case. If there is no recovery, you owe us nothing.

The statute of limitations depends on the type of claim:

  • Elder abuse resulting in injury or neglect: 2 years from the date of injury.
  • Medical malpractice claims: 1 year from discovery of the harm.
  • Wrongful death claims: 2 years from the date of death.
  • Financial elder abuse claims: Up to 4 years.

Cases vary, but lawsuits typically take several months to a few years, depending on the complexity of the case, the amount of evidence, and whether the case settles or goes to trial.

Wrongful Death & Nursing Home Neglect

Yes. If nursing home neglect or abuse led to a senior’s death, their family can file a wrongful death lawsuit to seek compensation for medical bills, funeral costs, and emotional suffering.

Many elder abuse victims suffer from dementia or Alzheimer’s, making it harder for them to report mistreatment. Evidence from medical records, CDPH investigations, staff testimony, and surveillance footage can help prove abuse occurred, even if the victim cannot testify.

Next Steps

If your loved one is in immediate danger, call 911. Otherwise:

  • Report the abuse to the CDPH or APS
  • Gather evidence (photos, medical records, witness statements)
  • Call an elder abuse attorney to discuss your legal options

If you need help navigating this process, we are here to guide you.

Call us for a free consultation: 855-880-4500
Email us: info@elderjustice.com

Protecting seniors from abuse and neglect isn’t just our job—it’s our mission.

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