Eviction Rights Important to Know for Assisted Living Residents

If you or a loved one is being threatened by eviction from an assisted living facility, it is important to know that the law is on your side.  Under California Code of Regulations, an assisted living resident can be evicted for only five reasons:

  • A failure to pay rent within 10 days of its due date;
  • Failing to comply with state or local law;
  • Failing to follow the facilities written policies and procedures;
  • After a formal assessment, the facility determines that it can no longer meet the resident’s needs; or
  • The facility changes its purpose and will no longer be providing assisted living care.

In the event you or a loved one fall into one of the above-referenced categories, the facility cannot just throw you out on the streets.  Under the law, it must give you 30-days written notice of its intent to evict, unless you’ve lived there for more than one year, at which point it must give 60-days written notice.  In addition, the written notice must clearly state, with factual detail, the reasons for the eviction.

Berman & Riedel, LLP is a San Diego based law firm that represents victims of elder abuse and neglect throughout the state of California.  The firm is often regarded as one of the state’s leading advocates for nursing home resident’s rights and has successfully secured significant settlements and awards in a number of the state’s worst cases of nursing home abuse and neglect.

If you have any questions or concerns regarding the care that an elderly loved one is receiving in a nursing home or other type of elder care facility, call Berman & Riedel, LLP today at (858) 350-8855.  One of our highly experienced and knowledgeable elder abuse attorneys will happily provide you and your family with an initial free consultation to discuss with you any questions or concerns you may have.  To find more California elder abuse and neglect related resources, visit the firm’s page on preventing elder abuse.


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Frequently Asked Questions

Below are answers to common questions people have about personal injury cases and 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 a Personal Injury Attorney?

The attorneys at Berman & Riedel, LLP, accept 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.

Can You Tell Me How Much My Case Is Worth?

There is no way to determine the exact value of a 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?

If your case involves mostly property damage or minor injuries, you likely do not need a lawyer to handle a claim with the insurance company. The more serious your injuries, or the more complex your case, the more important it becomes to seek experienced legal counsel.

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 your 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.

Legal representation is also 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.

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.

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