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When a loved one dies in a California nursing home as a result of neglect or abuse, the family has the right to pursue both wrongful death damages for their own losses and, when the facility's conduct was sufficiently serious, the enhanced remedies available under the Elder Abuse Act. Understanding exactly what can be recovered, how it is calculated, and how California's elder abuse laws expand standard wrongful death remedies is essential for any family considering legal action. At The Elder Justice Firm, we pursue the full range of available damages in every nursing home wrongful death case we handle.
California nursing home death cases produce two distinct legal claims that are filed together. The wrongful death claim under California Code of Civil Procedure Section 377.60 compensates surviving family members for their own losses. The survival action under Section 377.30 is brought by the estate and compensates for harms the resident suffered before death. Together, these two claims capture the full economic and human cost of the facility's failure, and they must be brought together to achieve the maximum available recovery.
All documented costs associated with the funeral service, burial or cremation, transportation, and cemetery arrangements are recoverable as economic damages. These costs are straightforward to document and typically represent a relatively small but important component of the total recovery.
All medical bills incurred during the final illness that the facility's negligence caused or contributed to are recoverable as economic damages. In cases involving Stage 4 bedsores, this includes the costs of hospitalization for sepsis, surgical debridement, intensive care, and extended wound care. In fall cases, it includes emergency room care, surgery, and rehabilitation. These costs can accumulate rapidly and often represent a substantial portion of the economic damages.
Surviving family members can recover the financial support the deceased would have provided had they lived. For elderly nursing home residents, this may include pension income, Social Security payments that supported a household, the value of financial contributions to dependents, and the value of services the resident provided. Even for residents who were no longer earning income, financial support losses can be meaningful when the resident's benefits or savings contributed to the family household.
Surviving spouses, domestic partners, and children can recover non-economic damages for the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support the deceased provided. California does not cap these damages in elder abuse cases that meet the recklessness standard, making this often the largest component of the wrongful death recovery. The duration of the relationship, the closeness of the bond, and the specific ways the deceased's presence enriched the family's life are all relevant to quantifying this loss.
The survival action allows the estate to recover for the physical pain, fear, and emotional suffering the deceased experienced during the period between the negligent conduct and death. In bedsore and sepsis cases, this period often involves weeks or months of severe documented pain. In fall injury cases, it includes the suffering from fractures, surgical recovery, and complications. Under Welfare and Institutions Code Section 15657, when the facility's conduct was reckless, the limitations that would otherwise apply to survival action damages are lifted, allowing substantially fuller recovery of pre-death suffering than standard California wrongful death law provides.
Medical expenses paid from the resident's own funds, lost earnings if any, and other economic losses the resident sustained before death can be recovered through the survival action. These are typically smaller than the wrongful death economic components but contribute to the overall recovery.
When a nursing home wrongful death case qualifies for Elder Abuse Act enhanced remedies under Welfare and Institutions Code Section 15657, the family can recover significantly more than standard wrongful death law provides:
All wrongful death claimants must join in a single action. The damages recovered are not automatically divided equally; they are apportioned based on each claimant's individual losses and the nature of their specific relationship with the deceased. A surviving spouse who shared a 50-year marriage and was financially dependent on the deceased typically recovers a larger share than an adult child who lived independently, but the specific apportionment reflects the actual losses each claimant experienced. An attorney can advise each family member on their individual position within the unified claim.
Wrongful death claims must generally be filed within two years of the date of death under Code of Civil Procedure Section 335.1. The delayed discovery rule may extend this period when the facility concealed the true circumstances of the resident's death, but families should not rely on this extension without consulting an attorney. Critical evidence including nursing notes, staffing logs, internal communications, and surveillance footage can be altered or destroyed if a litigation hold is not issued promptly after the death.
California does not impose a cap on economic damages in wrongful death cases. Non-economic damages are also uncapped in elder abuse cases that meet the recklessness standard under the Elder Abuse Act. This is a significant distinction from medical malpractice cases under MICRA, where non-economic damages are limited. The absence of a cap in elder abuse cases means the full human and financial impact of the wrongful death is recoverable.
California law requires all wrongful death claimants to join in a single unified action. The court or the settlement agreement apportions the damages among the claimants. If family members cannot agree on apportionment, the court has authority to resolve the dispute. An attorney can advise each family member on what they can individually recover within the unified action.
The wrongful death claim itself does not require a probate proceeding; it is filed directly by the eligible heirs. The survival action, however, must be filed by the estate's personal representative, which typically requires opening a probate estate or obtaining letters testamentary from the court. An attorney can advise on the specific procedural requirements and coordinate the probate and civil litigation processes efficiently.
If someone close to you was harmed in a Los Angeles nursing home or residential care facility, The Elder Justice Firm is here to help you pursue justice. We only collect fees if we achieve a successful outcome in your case. Contact us today for a free, confidential consultation.
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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