Nursing homes play a vital role in caring for older adults in our community, helping to ensure their safety and overall well-being. Unfortunately, many of these facilities fail to meet the necessary safety standards and fail to provide adequate care. If your loved one was neglected in a nursing home, a skilled nursing home neglect lawyer in Oakland can help.
At Arias Sanguinetti, our legal team is committed to helping individuals impacted by nursing home neglect seek compensation for their suffering. With over 40 years in business, our Oakland nursing home abuse lawyers have a strong track record of defending the rights of vulnerable individuals.
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Nursing Home Neglect Is a Common and Serious Issue
Neglect is one of the most prevalent forms of abuse in nursing homes. Often resulting from understaffing, neglect commonly occurs when staff members are overburdened and unable to provide adequate care to each resident. However, in some cases, neglect may also stem from deliberate harmful actions by nursing home staff.
Regardless of whether the neglect was intentional or not, it can lead to severe health issues, including bedsores, malnutrition, and depression.
If you or a loved one were harmed by neglect in a nursing home, an experienced Oakland personal injury lawyer can guide you through taking legal action. If neglect has tragically led to the death of your loved one, a wrongful death lawyer can assist you in filing a claim and seeking compensation from the responsible party.
Our Knowledgeable Oakland Nursing Home Neglect Attorneys Work on a Contingency Fee Basis
When you choose Arias Sanguinetti to handle your nursing home neglect case, you won’t have to worry about costly legal fees you can’t afford. We do not charge any upfront fees or bill our clients by the hour. Instead, our team works on a contingency fee basis, meaning we only get paid if you recover damages from the liable party.
If we are able to recover compensation for you, our fee is assessed as a fixed percentage of the settlement or judgment for your case. It is taken directly from the money received from the responsible party. This payment structure helps us provide legal representation to anyone affected by nursing home neglect, even when facing financial challenges.
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Most Nursing Home Neglect Cases Settle Before Going to Trial
When pursuing compensation in a nursing home neglect case, you should note that the majority of these cases are settled without a trial. However, our seasoned trial attorneys are always fully prepared to take your case to court if necessary. Our reputation in the courtroom often helps encourage settlements, strengthening your position during negotiations.
Settling a nursing home neglect case can be a faster way to obtain compensation than enduring a lengthy trial, which is especially important for elderly clients. Many nursing homes prefer settlements to avoid the negative publicity a public trial can generate. This drive to avoid court proceedings often results in nursing homes offering more favorable settlement terms.
Our team will never pressure you into accepting a settlement that doesn’t align with your needs. We will carefully assess the value of your case to help ensure you recover fair compensation for your losses. A dedicated nursing home neglect lawyer serving Oakland can help you evaluate any settlement offers you receive, ensuring you get the compensation you deserve.
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Damages You Can Pursue in a Nursing Home Neglect Case
If you are seeking compensation for losses resulting from nursing home neglect, you may be able to claim various types of damages. Identifying all the potential damages you can claim is crucial to recovering the full value of your losses.
Every case of nursing home neglect is unique, so it’s important to work with an experienced nursing home neglect attorney in Oakland to determine the specific damages that apply. Common types of damages you may recover through a nursing home neglect lawsuit include:
- Reduced quality of life
- Reimbursement for past medical bills
- Future medical costs
- Pain and suffering you experienced and continue to endure
- Loss of consortium
- Permanent disability
In cases where neglect is proven to be willful, reckless, or malicious, California law allows us to pursue treble damages—up to three times the amount of your actual damages. This additional compensation, available under the Elder Abuse Act, holds nursing homes accountable for egregious conduct and enhances recovery for survivors of severe neglect.
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Act Quickly When Pursuing a Nursing Home Neglect Claim
If you or a loved one suffered from neglect in a nursing home, it’s critical that you take legal action without delay. In California, personal injury claims are subject to a two-year statute of limitations, meaning you must submit the paperwork for a lawsuit within two years from the date of the neglect.
If the neglect involves a government-run facility, you have only six months to file a claim against the agency. Learn more about this deadline in our FAQ on government claims in California. Failing to meet these deadlines could limit your options for seeking compensation.
Hiring a skilled nursing home neglect attorney serving Oakland as soon as you learn about your loved one’s neglect is crucial to protecting your right to pursue legal action against the liable party. Your lawyer can help ensure that all required paperwork is filed correctly and before the applicable deadlines.
Taking quick action to hire a lawyer also allows them to investigate your case thoroughly, as waiting too long may result in the loss or corruption of vital evidence, such as witness testimonies or surveillance footage.
Contact an Experienced Nursing Home Neglect Lawyer in Oakland Today
If you or a loved one has experienced neglect in a nursing home, obtaining fair compensation for your damages is essential for your recovery. The first step is to consult an experienced Oakland nursing home neglect attorney at Arias Sanguinetti. We have helped our clients recover over $1.5 billion in damages from those responsible for their losses.
Reach out to us today to set up your free case consultation. You can start the road to recovery by filling out our online contact form, calling us, or using our convenient chat tool. Let us help guide you through the legal process and work toward obtaining the compensation you need from the at-fault party..
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