At Berman & Riedel, LLP, we are deeply committed to protecting the dignity and well-being of the San Diego Elderly. Our Elder Abuse Resources provides a personal, compassionate, and professional approach to identifying, preventing, and addressing elder abuse. With our expert legal team by your side, you have access to essential information, and advice ensure every senior is treated with the respect and care they deserve. Trust Berman & Riedel, LLP to be your reliable legal partner in creating a safer, more supportive environment for our elders.
If you suspect a loved one is being harmed in a nursing home or assisted living facility, you are not alone - and you have options. Berman & Riedel, LLP is an elder abuse and nursing home neglect law firm based in San Diego County, representing nursing home residents and families across California. We have achieved multimillion-dollar settlements and verdicts for elderly residents and family members, and we are committed to helping you seek justice.
Call our law office today for a free consultation with a nursing home abuse lawyer in California ready to fight tirelessly on your behalf.
Facilities and their insurers move fast to control the narrative after an injury. An experienced California nursing home abuse attorney levels the playing field by:
Preserving surveillance footage, treatment records, staffing schedules, and incident reports before they disappear
Interviewing witnesses and former staff
Retaining geriatric medicine, wound care, pharmacy, and nursing experts to review your loved one's medical records, establish the standard of care, and prove causation
Berman & Riedel, LLP brings the resources and trial experience necessary to prove systemic neglect and to win.
Types of Nursing Home Abuse Cases We Handle
Berman & Riedel, LLP, handles all types of nursing home neglect and abuse cases in California. Below are some of the most common types of cases we accept.
Bedsores & Infections
Pressure injuries (bedsores) and infections such as urosepsis are classic signs of understaffing and poor care planning. We’ve handled cases where catheter care failures and rapid weight loss led to tragic outcomes.
Malnutrition & Dehydration
Unexplained weight loss, malnutrition, dehydration, and electrolyte imbalances often trace back to staffing levels and failure to follow care plans.
Medication Errors
Medication errors are common in skilled nursing facilities. Improper dosing, missed medications, polypharmacy, and failure to monitor high-risk drugs cause preventable harm in long-term care. These failures are often caused by understaffing, poor training, and poor communication.
Falls & Other Injuries
Inadequate supervision, failure to follow care plans, and understaffing are often to blame for physical injuries in nursing home residents. These injuries may happen in preventable falls, during transfers by poorly trained staff, or even due to assault.
Wrongful Death
Unfortunately, abuse and neglect often result in the wrongful death of already vulnerable older adults. Families can pursue a wrongful death claim after the loss of a loved one due to a nursing facility's negligence.
Nursing Home Abuse Compensation
California nursing home abuse victims and families can seek compensation for economic and non-economic losses, including:
Medical bills and future medical care needs
Cost to transfer to a different facility
Out-of-pocket expenses
Pain and suffering, including loss of dignity, emotional distress, and reduced quality of life
In cases involving recklessness, fraud, malice, or oppression, enhanced remedies may be available, including attorneys' fees and punitive damages.
In wrongful death and survival actions, surviving family members and the decedent's estate may recover funeral and burial costs and sometimes other losses like the decedent's pre-death pain and suffering.
An experienced California nursing home abuse lawyer can help you understand the types of damages you may recover. Contact our law office today for a free case evaluation to discuss your case.
How Our California Nursing Home Abuse Attorneys Fight for Families
Federal and California law give nursing home residents the right to quality care, privacy, dignity, and to be free from neglect and abuse. When elderly nursing home residents are instead mistreated by the facilities entrusted to care for them and suffer serious injuries, a nursing home abuse lawyer can help you take legal action to hold them responsible.
Here's how the nursing home neglect lawyers at Berman & Riedel, LLP, work to successfully secure compensation.
Immediate investigation & evidence preservation. We secure charts, eMAR/MAR records, medication logs, care plans, MDS/assessments, fall risk assessments, and staffing and timekeeping data
Regulatory mapping. We analyze violations of California Title 22 regulations, the Elder Abuse Act, and federal standards to establish negligence and the available remedies
Case strategy. Our team collaborates with leading experts to explain complex medical issues to insurers and juries.
Aggressive negotiations and trial-ready. We prepare every case as if it will be tried in court - often the best way to obtain full value in settlement.
Resources to handle complex cases. Nursing home abuse cases often involve significant case expenses, including multiple expert witnesses. Complex cases may take years. We have the resources and network of experts to see your case through and go up against corporate defendants.
Based in San Diego CA, Berman & Riedel, LLP, routinely handles nursing home abuse and neglect cases throughout California. We have achieved multimillion-dollar verdicts and settlements, including multiple seven-figure elder neglect recoveries and a $2.2 million settlement lauded as the largest reported against a California residential care facility at the time.
Our legal team is committed to holding negligent facilities accountable and helping victims seek justice. If a loved one has suffered abuse or neglect, call us today to discuss your case and what we can do to help you.
California Nursing Home Abuse FAQs
What Constitutes Nursing Home Abuse and Neglect?
Under California nursing home abuse laws, nursing home abuse and neglect may include:
Physical abuse
Nursing home neglect - failure to provide basic care and assistance like hygiene, medical treatment, nutrition, hydration, pressure sore prevention, and protection from hazards
Emotional and psychological abuse
Sexual abuse, including unwanted sexual contact
Financial abuse
Where Do I File a Complaint Against a Skilled Nursing Facility in CA?
You can file a complaint with the California Department of Public Health (CDPH) online via Cal Health Find or through your local district office. You may also contact the long-term care ombudsman to report neglect or abuse and get resident-centered advocacy.
For assisted living facilities (residential care facilities for the elderly), complaints go to the California Department of Social Services, Community Care Licensing Division.
Who Can Sue for Elder Abuse in California?
Only certain individuals can bring a lawsuit against a skilled nursing facility for abuse:
The elder or dependent adult
The victim's legal representative
The personal representative of the estate may bring a survival action
Eligible heirs, including spouses and children, may bring a wrongful death case
How Long Do I Have to File a Nursing Home Abuse Claim?
The deadline to file a nursing home abuse lawsuit depends on the type of claim. Most negligence claims have a two-year statute of limitations with a timer that starts on the date of injury. This deadline also applies to wrongful death claims. The deadline may be paused if your family member was mentally incapacitated and unable to speak up or recognize that they were being mistreated.
Medical malpractice claims against healthcare providers have a one-year deadline, which begins when the injury is discovered or should have been. There is a hard deadline of three years from the date the injury occurred, with some exceptions.
Financial elder abuse claims have a four-year statute of limitations.
How Do You Prove Nursing Home Negligence?
To prove nursing home abuse or neglect, a nursing home neglect lawyer conducts a thorough investigation to gather and interpret evidence. Crucial evidence proving nursing home & elder abuse includes:
Medical records showing patterns of neglect; notes on the resident’s health; injury reports; documentation of weight changes, infection, or untreated conditions; and medical care (or lack thereof) for injuries
Admission forms and the residents’ care plans
Hospital or ER records after incidents or injuries
Videos and photographs of injuries, living spaces, and unsafe conditions
Witness testimony from family members, residents, and former or current facility staff members
Facility records, including staffing logs, medication logs, incident reports, internal communications, and policies and procedures
State inspection reports and past violations
This evidence is tied to regulatory standards like minimum staffing requirements and quality of care requirements. We use this evidence to establish a timeline of medical care and document how care fell below accepted standards. We collaborate with elder care and medical experts to interpret records, explain the standard of care, and connect the facility’s failures to your loved one's injuries.
Contact Our San Diego Nursing Home Abuse Lawyers for a Free Case Evaluation
Pursuing legal action against a negligent facility allows your family to recover compensation for your loved one's future medical expenses. It also holds the facility accountable and helps prevent this kind of unthinkable abuse from happening to another vulnerable resident. Berman & Riedel, LLP, is here to guide you through the legal process and fight for your rights.
Our San Diego office represents families throughout California. Call us to schedule your free consultation today with a nursing home abuse lawyer. There is no obligation and no out-of-pocket costs. We only get paid if we win your case.
inter
5 Star Rated Injury Lawyers In California
Bringing our injured clients unparalleled success
Settlement Won
$4,250,000
Elder Neglect
Settlement Won
$2,000,000
Elder Neglect
Settlement Won
$9,100,000
Mild Traumatic Brain Injury
Settlement Won
$2,200,000
Elder Neglect
Settlement Won
$15,500,000
Serious Personal Injury
Trial verdict
$3,300,000
Automobile Accident
FREE CONSULTATION.
Speak Directly With A Partner Now.
Real Injuries. Real Testimonials
Watch What Our Clients Have To Say
Families across California share their experiences of how Berman & Riedel, LLP, fought for justice in cases of elder neglect, nursing home abuse, and personal injury.
Elder Neglect by Healthcare Corporation
Jean’s mother was a victim of neglect while at a skilled nursing facility, resulting in surgery that she did not survive. Berman was there to listen and provide the support that the client needed.
Wrongful Death at a California Nursing Home
Michele’s mother suffered a wrongful death at a California nursing home. William M. Berman and the attorneys at Berman & Riedel, LLP, helped litigate the case with successful results.
Serious Injury at Skilled Nursing Facility
Ira’s wife suffered a traumatic brain injury due to negligence at a skilled nursing facility, and our team of attorneys worked hard to ensure that Ira’s wife and his family received the compensation that they rightfully deserved.
Wrongful Death Legal Services
Ginny suffered a family loss, and Berman lawyers handled her legal needs with compassion and reassurance, allowing her to feel safe and at ease through the entire process.
If you suspect that a parent, grandparent, or another older loved one has been financially exploited, you're not alone, and you don't have to figure […]Read More
What is a demand for accounting letter? ⚖️ Learn how this legal tool can expose POA abuse in California, protect assets, and hold a dishonest agent legally accountable.Read More
⚖️ Discover how to contest a will in California: legal grounds, strict deadlines & standing to file. Call Berman & Riedel today before your filing deadline runs out.Read More
FAQ
Frequently Asked Questions
Below are answers to common questions people have about working with a lawyer. During your initial consultation, we will be happy to answer questions that are particular to your case.
How Much Does It Cost to Hire an Elder Abuse Attorney?
The attorneys at Berman & Riedel, LLP, accept elder and nursing home cases on a contingency-fee basis. This type of agreement means you do not pay any attorneys’ fees out-of-pocket for legal representation. Attorneys’ fees are also contingent on the outcome of your case.
You benefit from legal representation in exchange for an agreed-upon percentage of a settlement or jury award. We will only recover a fee if you recover compensation.
What Should I Do if I Suspect a Loved One is the Victim of Elder Abuse?
The first step is to report the abuse to the appropriate authorities. Call 911 if the situation is life-threatening. Otherwise, it can be reported to the police and appropriate agencies. For abuse in the community or a hospital, call Adult Protective Services at 1-833-401-0832. For abuse in a nursing home or long-term care facility, contact your local long-term care ombudsman or call 1-888-452-8609.
The next step is contacting a California elder neglect lawyer to help you safeguard your loved one’s rights, investigate the abuse, and hold the facility accountable.
Can You Tell Me How Much My Case Is Worth?
There is no way to determine the exact value of an elder abuse or personal injury case, especially early in your case. However, an experienced attorney can give you an estimated range based on their experience with similar cases.
There are many factors that may influence the value of your case, such as:
Your total financial or economic damages
The severity of your injuries
The impact of your injuries on your daily life
The strength of your case
Whether you share fault for your accident
Insurance policy limits
Some damages are easy to calculate, such as lost wages and medical bills. Calculating the value of diminished earnings for the rest of your life or future medical needs, however, may require the help of experts. Non-economic damages like pain and suffering have no intrinsic financial value. These damages are challenging to calculate.
If your case goes before a jury, you may potentially be able to recover more than you could through a settlement. However, this introduces a new element of risk: the jury. The circumstances of your accident and even how sympathetic you or the defendant are can influence the outcome.
During your consultation and throughout your case, we will help you understand how these factors influence your case. We will also work tirelessly to document the value of all your damages and pursue maximum compensation on your behalf.
Will My Case Go to Trial?
The vast majority of cases are resolved by reaching a settlement agreement outside of court. Very few personal injury cases actually go to trial, but it is more likely if the facts in your case are in dispute, a legal issue is being contested, or you have a high-value case.
An experienced lawyer will build your case as if it will go to trial from the beginning. The stronger your case and evidence, the more likely a fair settlement will be reached.
How Do I Know If I Need a Personal Injury Lawyer?
The more serious your injuries or the more complex your case, the more important it becomes to seek experienced legal counsel.
Legal representation is vital if your case involves a complex area of law, such as elder abuse or neglect, premises liability, commercial vehicle accidents, medical malpractice, or serious work-related accidents. Determining liability, navigating decades of legal precedence, and interpreting specific statutes in these cases is best done with years of relevant legal experience.
Remember that the insurance company is not on your side, even if the insurance adjuster seems sympathetic and you receive a settlement offer. If you are being blamed for an accident or sustained serious injury, a lawyer will help you protect your rights and build the strongest case possible. This includes calculating the full value of your current and future losses.
Do You Accept Cases Outside of San Diego?
While our law office is located in San Diego, Berman & Riedel, LLP, accepts cases throughout the state of California.
FREE CONSULTATION.
Speak Directly With A Partner Now.
Bermen & Riedel Reviews
Honest Reviews from Customers Just Like You
Trusted By California To Handle Elder Abuse & Neglect, Serious Personal Injury, & Wrongful Death Litigation
The information on this website is for general information purposes only and does not create an attorney-client relationship. No information on this site should be taken as legal advice for any individual case or situation. Berman & Riedel, LLP at (858) 997-0678 if you would like to discuss your legal matter with a member of the firm.
