Wrongful Death

Orange County Nursing Home Wrongful Death Attorney

If you’ve lost a loved one due to poor care at a nursing home, you may have grounds for a wrongful death lawsuit. To get compensation for your loved one’s suffering and untimely death, it’s important that you be represented by an experienced Orange County nursing home wrongful death attorney.

Since 2002, Travis Siegel has been on a crusade against the abuse and neglect of the elderly. Contact us today to explore your legal options during a free consultation with an elder neglect lawyer in Orange County, CA.

Protecting Elderly Victims of Abuse & Neglect

Deciding to put loved ones into assisted living is one of the hardest decisions a family will ever have to make. Ultimately, this decision is made with the well-being of the patients in mind. Since the loved one can no longer care for him- or herself, the family entrusts the nursing home with the patient’s day-to-day care. This often includes administering medications, feeding, bathing, and monitoring vital signs.

A good nursing home has a competent, well-trained, and compassionate staff. But if a nursing home’s staff is neglectful or poorly-trained, they put patients’ lives at risk. Our Orange County nursing home wrongful death lawyers can fight for justice if you have lost a loved one due to nursing home negligence.

Nursing Home Dangers

Though they were once robust members of our society, nursing home patients are now at the mercy of their caregivers. Sadly, not all caregivers employed by nursing homes are worthy of that title.

While we’ve all heard the horror stories about nursing home workers emotionally and physically abusing patients, the truth is that incompetence and neglect can be just as deadly. Many nursing home patients are injured or killed because their caregivers weren’t properly trained and made medication errors.

Inattentiveness and neglect can be equally as harmful, particularly for bedridden and immobilized patients. Patients confined to beds or wheelchairs are in danger of developing bed sores if their bodies are not repositioned frequently. Bed sores are not only painful; they can become infected or gangrenous, potentially leading to death. Nursing home staff needs to be attentive and routinely inspect patients for bed sores and other health issues.

Malnutrition is another result of patient neglect. Staff forgetting to feed patients or not noticing if they are eating can make an already-sick person even weaker and endanger his or her life.

Wrongful Death and Elder Abuse Damages

If you’ve lost a loved one due to nursing home negligence or abuse, you may be entitled to compensation. An Orange County nursing home wrongful death attorney at Travis Siegel can help you recover any of the following damages:

Funeral and burial expenses
Loss of future benefits, like medical benefits and retirement
Medical bills
Loss of love, companionship, friendship, guidance, etc.
Pain and suffering of the deceased before he or she died
Punitive damages
Loss of future income
Your attorney’s fees and expenses incurred while pursuing your case

Experienced Legal Representation

Wrongful death lawsuits can be difficult for family members due to the emotions involved. By enlisting an experienced wrongful death attorney, you can grieve and move on while he does the dirty work of dealing with the insurance companies. Travis Siegel has been a tireless champion for those who built the society we live in but now dwell in their twilight years.

Call our office at 562-414-5294 or contact us online today.

Frequently Asked Questions

Who Can File a Nursing Home Wrongful Death Lawsuit in California?

California law limits who can bring a wrongful death claim. Generally, the decedent's surviving spouse or domestic partner and children can file. If there are none, other people entitled to inherit from the decedent may be able to, and in some circumstances so can parents or others who depended on the person for financial support. A personal representative can also bring the claim on behalf of the heirs. Who qualifies depends on your family situation, so contact us and we can tell you whether you have standing.

How Do I Know If Neglect Caused My Loved One's Death?

Families often suspect something went wrong but aren't sure. Warning signs include a recent fall or fracture, a sudden decline after a medication change, untreated bed sores, unexplained weight loss, or an infection or dehydration that went unnoticed. A death certificate may list a medical cause, such as pneumonia or sepsis, without saying whether poor care contributed to it. That's why a review of the medical records and care history is so important. We can help you determine whether the facility's conduct played a role.

Can We Still Have a Case If My Loved One Was Already Sick or on Hospice?

Yes, possibly. Many nursing home residents have serious health conditions, and that does not give a facility permission to provide substandard care. If neglect caused a preventable injury, worsened a condition, or hastened death, there may still be a claim. A preexisting illness can affect how a case is evaluated and what damages are available, which is why we look at the full medical picture. Please don't assume you have no case because your loved one was elderly or ill.

What Is the Difference Between a Wrongful Death Claim and a Survival Claim?

They are separate claims that can arise from the same event. A wrongful death claim belongs to surviving family members and compensates them for their own losses, such as lost companionship, financial support, and funeral expenses. A survival claim belongs to the decedent's estate and pursues what your loved one could have recovered had they lived, such as medical expenses and, under the Elder Abuse Act in qualifying cases, pain and suffering. We evaluate both and bring the ones that fit your facts.

How Long Do We Have to File a Wrongful Death Claim?

Strict deadlines apply, and they can be shorter than families expect. Many wrongful death claims must be filed within two years of the date of death, but other rules may apply depending on how the claim is characterized, and some situations, such as claims involving a government-run facility, can require action within months. Because records and witnesses become harder to find over time, don't wait. Speak with an attorney as soon as you suspect neglect so your deadlines can be confirmed.

What Should We Do Right After Our Loved One's Death If We Suspect Neglect?

Request a complete copy of your loved one's medical and care records as soon as you can, and ask that the facility preserve them. Take photos of any visible injuries or conditions if you have the opportunity, and write down what you observed and what staff told you while it's fresh. Be cautious about signing anything the facility or its insurer gives you, since it could affect your rights. You may also ask about an autopsy or a coroner's review, which can be important for establishing the cause of death. Then call us for guidance.

How Do You Prove a Nursing Home Caused a Death?

We build the case from the facility's own documentation and from independent expert review. That includes medical charts, medication records, incident reports, staffing levels, internal policies, and state inspection history, along with witness accounts from staff and family. Medical experts review the records and explain whether the care fell below accepted standards and how that connects to the death. Showing that connection, called causation, is often the central issue in wrongful death cases, so we take it seriously from the start.

Can We Bring a Wrongful Death Claim Against an Assisted Living Facility or Home Care Agency?

Yes. Wrongful death claims aren't limited to skilled nursing homes. Residential care facilities for the elderly (RCFEs), assisted living communities, memory care units, and in-home caregiving agencies can all be responsible when poor care leads to death. These settings are regulated differently, so the legal analysis can differ too. Call us to discuss what happened and whether the facility or agency may be responsible.

Will We Have to Go to Trial?

Not necessarily. Many nursing home cases are resolved through settlement, but whether a case settles depends on the strength of the evidence and whether the facility and its insurer make a fair offer. How long it takes varies a great deal, from many months to a few years. Travis Siegel prepares every case as if it could go to trial, and he is willing to take a case to court when a fair settlement isn't offered.

The Facility Offered Us a Settlement or Asked Us to Sign Paperwork. What Should We Do?

Don't sign anything before you speak with an attorney. Early offers, releases, and statements to an insurance adjuster can limit your family's rights, and they may be made before the full extent of the neglect is understood. A quick offer is not necessarily a fair one. We can review any documents you've received and explain what they mean, at no cost during your free consultation.

Our FAQ

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 562-414-5294 today!

Choosing the right nursing home for your loved ones is a personal (and tough) decision. It is something you must decide on your own, or with the rest of your family. With that in mind, however, there are a few resources you can use to help with the decision.
The Health Facilities Consumer Information System provided by the state of California lets you search for different types of health facilities, including nursing homes. The Medicare website also provides a tool for finding nursing homes.
The Health Facilities Consumer Information System also lets you search for complaints against said facilities. You can use this tool to check on any homes you might be considering and see if complaints have been filed against them.
Remember, if you suspect any form of elderly abuse or negligence has occurred, trust your instincts and call us at Siegel Law. 562-414-5294
Pressure sores, also called bed sores and pressure ulcers, are a common sign of nursing home abuse or neglect. They are caused by unrelieved pressure on the skin. Bed sores typically appear near areas where the bones are close to the skin: the hips, back, elbows, and ankles. When pressure sores first show up, they’re just skin irritation. With prompt treatment, they typically have no lasting effects. When not treated quickly, however, later stages can result in serious damage not only to the skin but also to muscle and bone.
The greatest tragedy of pressure sores is that they are relatively easy to prevent. Regular movement of a person restricted to a bed or wheelchair can help avoid pressure sores. Someone who must remain in bed should be moved about every two hours. The use of a pressure-reducing mattress can help. A proper diet, cleanliness, and daily exercise all help prevent pressure sores and eliminate the serious harm that can accompany them.
The answer is no. Siegel Law takes all cases on a contingency fee basis, which means that our clients owe the firm nothing for expenses unless they are awarded a monetary settlement or we receive a favorable verdict at trial. All expenses will be deducted from the settlement or jury verdict. Not a dime will be taken out of your pocket.

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Decades of Experience

Travis Siegel has been protecting abused elders since 2007. He is well-versed in injury law and knows how to prepare an effective claim that maximizes a recovery.
Will Fight For You

Having witnessed a personal family tragedy involving medical malpractice at a young age, Travis has dedicated his legal career to helping families seek justice.
Proven Results

Travis Siegel has successfully recovered millions of dollars for his injured clients, including multi-million dollar recoveries in complex cases.
With You at Every Step

Travis is known as an aggressive litigator who has the courtroom savvy and tenacity to take any claim to court if necessary.
Trial Advocacy
Travis is known as an aggressive litigator who has the courtroom savvy and tenacity to take any claim to court if necessary. He stands by your side every step of the way, inside and outside of court.
Results
Travis Siegel has successfully recovered millions of dollars for his injured clients, including multi-million dollar recoveries in complex cases involving medical malpractice and elder abuse against large residential care facilities.