Can I Sue for the Wrongful Death of an Elderly Person in California?

By Long Beach Elder Abuse Attorney on September 25, 2019

cemetary marker with tulipsCoping with the loss of a loved one is never easy.  It is especially difficult when negligence or medical malpractice is involved. Unfortunately, wrongful death due to caregiver or medical practitioner negligence affects the elderly and their families all too often.

These cases are tragic. Not only are you left without your loved one, you may find yourself under financial strain as a result. Elder wrongful death attorney Travis Siegel is dedicated to fighting for justice in cases of elder abuse, neglect, and wrongful death.  With Mr. Siegel’s passion and experience, you can honor your loved one by holding the neglectful party accountable.

Do I Have a Wrongful Death Case?

When someone dies due to the negligence or wrongful actions of another person or people, you may have a wrongful death case.  Elder wrongful death can occur in nursing home, group facilities, or in the elder’s home at the hands of a caregiver. Abuse, neglect, and medical malpractice can factor in to these cases:

  • Elder abuse – Elder abuse can cause a wrongful death when an elder suffers fatal injuries from physical abuse. The emotional toll of any kind of abuse can cause harm, as well. Abuse victims may become depressed or lose the desire to live, leading to self-destructive behavior.
  • Elder neglect – Neglect involves a caregiver’s or a facility’s failure to provide for an elder’s needs. Victims of elder neglect can suffer harm or death due to malnutrition, dehydration, not receiving required medications, falls, infected bedsores, wandering off alone, or lack of medical attention.
  • Medical malpractice – Medication errors can be fatal. Poor handwriting on a prescription, misdiagnosis, and prescribing drugs with interactions are just a few ways practitioners can harm patients through medication error. On the caregiver end, misreading a label, failing to give the proper dose, missing doses, or giving unauthorized medications are common mistakes that can have irreparable consequences.

Who Can Sue for Wrongful Death?

Survivors of the decedent may be able to sue for economic and non-economic damages. Eligibility to bring a lawsuit depends largely on your relationship to the deceased.  California Code of Civil Procedure 377.60 states that the following survivors can bring a wrongful death case:

  • Spouse or domestic partner
  • Children
  • Dependent putative spouse, children, stepchildren, or parents
  • A dependent minor residing in the decedent’s household for the previous 180 days

Wrongful death cases can be complex, so the best way to find out if you can bring a lawsuit is to schedule a free consultation with Mr. Siegel.

Schedule your Free Consultation Today

Mr. Siegel has over a decade of experience representing elder abuse victims and their families. He has seen firsthand the pain and suffering caused by medical negligence. He understands the stakes and has the perseverance and dedication needed to get results.

If you think your elderly loved one’s death was caused by another’s wrongful action, please call 562-645-4145 to schedule a free case review with Mr. Siegel. Your call could help prevent others from suffering the same or a similar fate, and you may be entitled to compensation. We serve clients in Southern California, including Huntington Beach, Irvine, Tustin, and Santa Ana.

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Posted in: Nursing Home Abuse


Call Travis and his team at (562) 645-4145 or send us an email for a free consultation.