Los Angeles Residential Care Facility Accident Lawyer
Los Angeles Residential Care Facility Accident Attorney
We put quite a great deal of trust into the people who take care of our loved ones who are unable to take care of themselves. Residential care facilities, such as nursing homes, perform a vital service and have a lot of responsibility, as well as a significant duty of care to our most vulnerable citizens. When accidents happen, they can cause serious injuries and even death. A Los Angeles residential care facility accident lawyer can help you work through your options.
Common Forms of Residential Care Facility Neglect
Assisted living facilities have a mixed reputation. They are supposed to be places in which we entrust our vulnerable elderly and mentally unfit loved ones so they can be well taken care of. Some people require constant care and watch, and residential care facilities provide that service.
However, there are often reports of abuse, neglect, and breaches of the established duty of care. These reports are taken very seriously and can result in criminal charges, employment termination, and legal action against the perpetrators.
It is important to recognize common forms of residential care facility neglect so you can identify when legal action has to be taken, among other things. Here are some examples of abuse and accidents that occur at residential care facilities:
- Slips and Falls: Simple slips and falls are among the most common causes of accidents among the elderly. In fact, some statistics suggest that they are the leading cause of injury-related death for people over 65 years old. The older we get, the more fragile we become. A minor fall that would inconvenience a younger person could seriously injure or even kill an elderly person.
- Malnutrition: Residential care facility employees, from orderlies to doctors on call, have a responsibility to ensure that all their residents are properly cared for. That includes making sure they are eating and drinking properly.
When facility workers fail to provide the residents with a proper diet, the residents can start suffering from malnutrition, which can cause additional illnesses or even death. Cognitive conditions, such as dementia or Alzheimer’s, can cause some residents to forget to take care of themselves. - Bedsores: Bedsores, which are also called pressure ulcers, result when someone stays in bed in the same spot for prolonged periods of time without moving. Staying immobile indefinitely can cause serious chronic pain as well as damage to the skin, multiple infections, and cases of necrosis.
Care facility workers have a responsibility to check immobile patients for bedsores and help them recover from them. Certain patients, such as dementia patients or comatose patients, may be unable to move frequently. - Physical Abuse: It is no secret that abuse is a rapidly growing problem in residential care facilities, particularly in nursing homes.
Sadly, many nursing home residents will suffer some form of abuse at the hands of nursing home employees. That includes physical abuse, sexual abuse, psychological abuse, and financial abuse. This abuse is often underreported out of shame or fear, so the true numbers may be even higher.
FAQs
Q: What Percentage Does a Lawyer Get in a Settlement Case in California?
A: The percentage that a lawyer receives in a settlement case in California is entirely dependent on the case at hand. Before agreeing to hire your lawyer for your case, you will discuss their fee and what you can expect to receive based on that fee. Your lawyer could be working on a contingency fee basis, which means that they only get paid if they win your case. If that is the case, then their fee will come out of your total compensation package.
Q: Can My Lawyer Accept a Settlement Without My Permission in California?
A: No, your lawyer cannot legally accept a settlement without first receiving your permission to do so. As per the rules set forth by the California Bar Association, your lawyer must expressly relay any and all offers of settlement to you first. You always have the final say over whether you wish to settle out of court or take things further and allow your case to go to trial. If your lawyer makes this decision without you, it is a serious breach of conduct.
Q: How Long Can a Lawyer Hold Your Settlement Check in California?
A: There is no expressly written time limit for how long a lawyer can hold your settlement check in California. However, most personal injury attorneys aim to get the money out of escrow and disburse your funds within a few weeks after the case has been finalized. Delays can always happen for whatever reason. They usually occur if there are multiple other parties that need to be paid, such as medical providers or outstanding debts.
Q: Who Can Override a Power of Attorney in California?
A: The only person who can always override a power of attorney in California is the principal who first established power of attorney. If the principal is of sound mind and decides to revoke power of attorney, they can do so without question. If the principal is not of sound mind but other concerned parties wish to revoke someone’s power of attorney over the principal, it is not an easy feat. They may have to take their case to court. Even then, there are no guarantees.
Reach Out to a Residential Care Facility Accident Lawyer Today
It is always difficult to hear about the mistreatment of vulnerable people in residential care facilities, even if their situation is the result of an accident. It can be even harder to learn about if the vulnerable people in question are loved ones. There is a great deal of trust and responsibility put on residential care workers, and when that trust is breached, we may want justice.
Thankfully, the legal team at Shaffer Law can help you get that justice. We can help you gather the necessary evidence, speak to any witnesses, take on the negligent parties, and advocate on your loved ones’ behalf in court if it comes to that. Contact us to schedule a consultation as soon as you can.
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