When a loved one suffers abuse or neglect in a nursing home, the harm isn’t limited to physical injuries. Residents may lose their sense of safety, dignity, or independence, while families are left to deal with medical bills, emotional trauma, and a deep sense of betrayal.
If you’re facing this situation, you may have urgent questions: How will we cover the cost of ongoing care? What legal rights do we have? Can the facility be held responsible for what happened?
California laws, like the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) and Health and Safety Code Statute 1430, give victims and their families the right to seek financial recovery and take legal action against negligent or abusive facilities.
Whether the harm involved neglect, physical abuse, or financial exploitation, pursuing a claim may help cover the losses and offer a path to accountability.
Learn the types of nursing home abuse compensation that may be available and how a skilled attorney can support your family and help maximize your settlement.
Types of Elder Abuse Damages
Over 202,500 nursing home complaints are filed in California every year. Victims of mistreatment in nursing homes or long-term care facilities may be entitled to various damages, including economic, non-economic, and punitive awards.
Here’s an overview of what a neglect or abuse settlement might cover:
Economic Damages
These damages cover the measurable financial costs related to the abuse or neglect. Families often face unexpected expenses while trying to secure safe and appropriate care. Damages may include:
- Medical bills from treating injuries or illness
- Relocation costs to move the resident to a safer facility
- Physical therapy, counseling, or rehabilitation services
- Projected expenses for future care needs
To secure compensation for injuries due to nursing home negligence, you may need clear records, a timeline of what happened, and details showing how the facility failed to provide proper care.
Non-Economic Damages
Non-economic damages address the emotional and psychological toll abuse takes on the resident and those close to them. For example, a resident left isolated and neglected may experience depression, anxiety, and fear that affects their quality of life and relationships. Non-economic awards typically cover:
- Pain and suffering caused by injury or mistreatment
- Emotional distress, including anxiety, fear, or depression
- Loss of companionship or the resident’s reduced ability to engage with loved ones
These damages reflect the deeper personal impact that can’t be measured in dollars alone.
Punitive Damages
Additional damages may apply when the abuse involves extreme negligence or intentional harm. Punitive damages punish the wrongdoer, not just compensate the victim. They are:
- Awarded when a facility or staff members acted fraudulently, maliciously, or oppressively
- May apply in cases of repeated violations, willful neglect, or cover-ups
Punitive damages send a clear message: abuse and neglect will not be tolerated. They also encourage other facilities to take accountability more seriously, helping prevent future harm to other residents.
Wrongful Death
If a resident dies due to nursing home abuse or neglect, family members may have grounds to pursue a wrongful death lawsuit. Financial support can help with:
- Funeral and burial expenses
- Loss of financial support or benefits
- Loss of companionship, care, and guidance
- Emotional suffering caused by the death
Although it cannot bring a loved one back, these claims can help families find closure after an avoidable loss.
Factors That Impact Compensation for Elder Neglect and Abuse Cases
Nursing home abuse settlements depend on the specific losses and extent of injuries in your case. A qualified nursing home negligence compensation attorney in California will look at the following factors to determine what your family is entitled to:
| Factor | What Attorneys Look At | How It Impacts Settlements |
| Severity of Injuries | Medical records showing the extent of harm, long-term care needs, or hospitalization. | More severe or permanent injuries typically result in higher damages. |
| Evidence of Long-Term Neglect or Abuse | Patterns in incident reports, care logs, and witness statements. | Ongoing harm can support claims for greater damages, including emotional distress. |
| Facility History or Regulatory Violations | Inspection failures, prior complaints, or state enforcement actions. | A facility with a record of violations may face higher liability and less room to dispute claims. |
Reviewing each of these issues will help your family pursue fair compensation for nursing home abuse, covering medical treatment, safer living arrangements, and the ongoing care your loved one may need.
Who Can File an Elder Abuse Claim in California?
Anyone can file a complaint and report abuse in California nursing homes, but to take legal action, you must be one of three parties:
- The injured resident (or their legal representative). The person directly affected by the abuse or neglect can file a personal injury claim. A legal guardian, conservator, or someone with power of attorney may also file on their behalf.
- A close family member. Spouses, children, or siblings may be able to file if the resident is unable due to cognitive or medical issues, such as a dementia or Alzheimer’s diagnosis.
- The personal representative of the resident’s estate. If the resident has passed away, the representative named in the estate can pursue a wrongful death or survival claim.
The best way to understand your rights and legal options is to speak with a knowledgeable attorney who can explain how a nursing home abuse lawsuit in California works and help you prepare your claim.
Tips for Maximizing a Nursing Home Abuse Settlement
The strength of your claim often depends on what you do in the early stages. These steps can help protect your loved one and improve your chances of receiving full financial support:
- Document everything. Save medical records, photographs of injuries, written communication with staff, and any witness statements.
- Act quickly. Delays can weaken your claim or risk running into legal time limits. You have two years from the date of injury or when you discovered it to take legal action.
- Request facility records. Ask for staffing schedules, incident reports, and past inspection findings that may show patterns of neglect or understaffing.
- Avoid speaking to insurers without guidance. Insurance companies may use your statements to downplay the abuse or shift blame. Let your attorney handle all communication to protect your claim.
- Keep track of expenses. Save receipts and invoices for hospital visits, prescription medications, therapy, moving costs, and specialized equipment.
Taking these steps early helps build a stronger case and can make a difference in your settlement outcome.
How Gharibian Law Can Help
Nursing home abuse cases are complex, and families often need clear guidance, strong support, and a firm that knows how to hold care facilities accountable.
With Gharibian Law, you can expect:
- In-depth case evaluations and independent investigations. Every claim starts with a close look at the evidence. The team gathers medical records, facility reports, and witness accounts to build a strong foundation for your case.
- Clear updates so you know the status of your case. Communication stays consistent, so you’re never left guessing about timelines, next steps, or where things stand.
- Focused advocacy aimed at seeking maximum damages. The firm fights for full financial recovery, whether through negotiation or litigation, based on the unique harm your family has experienced.
- A proven track record and commitment to protecting elder rights. With multiple seven-figure settlements and knowledge of elder abuse law, Gharibian Law brings experience to every case.
Our compassionate team advocates aggressively for victims of nursing home abuse and neglect. We’ve secured millions in nursing home negligence compensation for families and bring that commitment to every case we handle.
Protect Your Loved One With Gharibian Law
Gharibian Law is one of California’s leading nursing home and elder abuse law firms. Our team is committed to elder justice and has helped represent the interests of Glendale and Southern California families for over 10 years.
As a law firm specializing in elder abuse cases, we investigate each case thoroughly and work tirelessly to maximize the financial support and resources you receive after mistreatment in a California facility.
Respect Your Elders®. If you suspect abuse, don’t wait; contact our offices today for a free consultation.
