Yes, you can sue a nursing home or assisted living facility in California if your elderly loved one suffers a TBI or concussion caused by abuse, neglect, or unsafe care.

A head injury in a care facility is never “just a fall.” TBIs are deadly. In 2021, the CDC recorded over 69,473 TBI-related deaths in the U.S, that's roughly 190 deaths per day.

And this is not hypothetical. In Los Angeles County, a family successfully sued a residential care facility for repeated fall-related head injuries suffered by their vulnerable mother, resulting in a $4.3 million verdict. So when a facility says “they just fell,” ask yourself: Did they really fall or was it abuse or neglect in disguise? If your instinct says something's wrong, don't ignore it.

You can contact Fassonaki Law Firm, P.C. at 323-524-8994 to discuss your case with our nursing home abuse lawyer Los Angeles for immediate answers.

Let's walk through the signs, thow can you sue, the law, and what you can and should do next.

Can I Sue a California Care Facility for “Just a Fall”?

Under California law, you can sue if a fall resulting in a TBI or concussion was caused by unsafe care. Falls are a leading cause of traumatic brain injuries in seniors. According to the CDC, Traumatic brain injuries (TBI) are most frequently caused by falls. This makes every fall inside a care facility a potential indicator of negligence.

Here's the issue:
Facilities often label injuries as “just a fall” to avoid liability. But legally, a fall becomes an elderly head injury lawsuit when it stems from:

• Failure to supervise

• Ignoring known fall risks

• Understaffing

• Unsafe environment conditions

• Delayed response to call lights

• Improper transfers or handling

• Medication errors that cause dizziness or confusion

If any of these conditions contributed to your loved one's TBI or concussion, you may have grounds to sue the California facility for elder neglect. 

You must have another question to ask : 

Can I Sue If the Facility Didn't Send My Loved One to the ER After a Head Injury

Yes. Failing to send a resident to the emergency room after a head-trauma fall can be elder neglect under California law.

Head injuries in seniors are medical emergencies. The CDC reports that older adults 75+ have the highest rates of TBI-related hospitalizations and deaths in the United States. Even a “mild” concussion can rapidly worsen in older adults. 

Here's where it becomes a lawsuit:
If the facility knew the resident hit their head and showed confusion, dizziness, or vomiting and still kept them in-house, that's a breach of the standard of care. California's Elder Abuse Act requires facilities to get timely medical intervention for any suspected head trauma.

Failure to do so puts the resident at risk for:

• Brain bleeding (subdural hematoma)

• Undiagnosed concussion

• Delayed treatment complications

• Wrongful death

If you were told “we were monitoring them” instead of calling 911, don't assume this was acceptable.

Because it isn't.

And legally, you can report elder abuse California for the resulting injuries, deterioration, or death.

Which California Laws Protect Seniors and Let You Sue for Head Injuries in Care Facilities

A TBI or concussion in a California care facility triggers key protections under EADACPA and other state laws, giving families the right to sue.

1.  EADACPA: Welf. & Inst. Code § 15600 et seq.

• The EADACPA begins at Welfare & Institutions Code § 15600. That section declares the state's responsibility to safeguard elders and dependent adults from abuse, neglect, or abandonment.
  
  

• If a facility fails to provide adequate supervision, ignores fall risks, delays medical care after a head-trauma incident, or fails to respond properly those acts can all qualify under EADACPA as neglect or physical abuse. 

2. Abuse Under Penal Code § 368

In addition to civil remedies, California treats certain elder-abuse behaviors as crimes. Under Penal Code § 368, caregivers or facility staff who “willfully cause or permit an elder or dependent adult to suffer unjustifiable physical harm” or place them in hazardous situations can face misdemeanor or felony charges, especially if there is great bodily injury or death.

What Is the Statute of Limitations for Filing an Elder Abuse Lawsuit in California After a Head Injury

If you plan to sue a facility for elder neglect or abuse resulting in a head injury, timing is critical. Under EADACPA's civil-action provisions, the statute of limitations on elder abuse in California is generally two years from the date of injury or from the date you discovered (or reasonably should have discovered) the harm.

This deadline applies to most cases involving physical abuse, neglect, failure to supervise, or delayed medical care after a fall-related concussion or TBI.

Bottom line: don't wait. Evidence disappears fast. Secure medical records, incident reports, care logs, and witness statements as early as possible so your legal claim stays strong and protected.

Before suing, you must know how to report elder abuse in California, including how to notify the Ombudsman, the Department of Public Health, and local authorities.

Contact Fassonaki Law Firm, P.C. at 323-524-8994 for a free case review. 

 What Evidence Is Needed to Sue for an Elderly Head Injury in a California Care Facility

When families call our elder abuse lawyer Los Angeles after a head-trauma fall, the first question is always the same: “What evidence do we need to prove the facility was negligent?”

Here's the good news.  You don't need to collect everything yourself.

 As your personal injury attorney in LA, we coordinate with you directly from day one ; reviewing records, requesting documents, interviewing witnesses, and guiding you step-by-step so nothing is missed.

But here is the critical evidence that strengthens an elderly head injury lawsuit in California:

1. Medical Records Showing the Head Injury

This includes:

• Emergency room reports

• CT scans or MRI results

• Notes of concussion or post-concussion syndrome (PCS)

• Physician documentation of changes after the fall

These records help us prove a TBI claim and link the injury to the facility's conduct.

2. Facility Records and Incident Reports

We request:

• Fall logs

• Shift notes

• Staff-to-resident ratios

• Response times

• Internal investigations

These documents often reveal patterns of nursing home negligence; understaffing, delayed care, or inaccurate reporting.

3. Video Footage or Surveillance (If Available)

Many California facilities use hallway or common-area cameras. If a fall occurred in view of a camera, footage can be powerful evidence.

We act quickly to demand preservation so footage isn't “accidentally deleted.”

4. Witness Statements

For suing, you also need a witness statement, which includes:

• Other residents

• Staff willing to speak

• Visiting family members

These statements often expose what the facility tried to hide.

5. Proof of Neglect or Unsafe Conditions

Photos and documentation are necessary things you must have; it can be of:

• Wet floors

• Cluttered pathways

• Broken equipment

• Bedrails or call lights that didn't work

These conditions support elder abuse laws and nursing home negligence lawsuits that California families frequently pursue.

6. Behavioral or Cognitive Changes After the Fall

Our nursing home abuse lawyer in Los Angeles also recommends that their clients note:

• Sudden confusion

• Mood changes

• Balance issues

• Sleep disturbances

• “Not acting like themselves”

These symptoms are common in TBIs,  especially for seniors, and they help connect the dots legally and medically.

7. Communication Records With the Facility

Texts, emails, and notes from staff meetings can show:

• Delayed ER transfer

• Inconsistent explanations

• Attempts to downplay the injury

We use these inconsistencies to demonstrate neglect.

8. Expert Opinions

Neurologists, geriatric specialists, and life-care planners help establish:

• The severity of the TBI

• Long-term care needs

• Future medical costs

• Permanent cognitive impact

This directly supports the damages portion of your lawsuit.

You're Not Collecting Evidence Alone—We Do It With You

When families hire us, they often say:

“We don't know what to gather or where to start.”

That's exactly why we step in.

Whether you need a personal injury lawyer Los Angeles, a nursing home abuse lawyer LA, or an elder abuse lawyer Los Angeles, we take over the investigation immediately so evidence is preserved and your case is protected.

We document everything the facility should have done  but didn't  and build a case that shows how their failures caused the head injury, the TBI, or worsening complications.

How Much Compensation Can Families Claim for Elder Head Injuries in California

Compensation varies widely, but California law allows families to pursue significant damages when a care facility's neglect or abuse causes a concussion, TBI, or fatal head injury. These cases are high-value because TBIs in seniors often lead to long-term disability, cognitive decline, loss of independence, or death.

Here's what families may recover in an elderly head injury lawsuit:

1. Medical Expenses

ER visits, CT/MRI imaging, hospitalization, neurology care, rehabilitation, and long-term treatment for TBI or dementia-like symptoms.

2. Pain and Suffering

Head injuries cause concussion, fear, chronic headaches, behavioral changes, and decline in quality of life, especially in vulnerable seniors.

3. Future Care Costs

For residents who cannot return to their prior level of functioning, compensation may include costs of skilled nursing, memory care, or 24/7 supervision.

4. Wrongful Death Damages

If the injury leads to death, families may claim funeral expenses, loss of companionship, and further damages under California law.

Realistic Examples of Nursing Home Case Values

These are the cases showing the settlement amount they get after suing the facilities :

• $4.3 Million – Repeated fall-related TBIs

A Los Angeles family recovered this amount after multiple preventable head injuries caused rapid neurological decline. 

• $3 Million – Unsafe Admission and Inadequate Supervision

A man with dementia was admitted to an assisted living facility that was not equipped to meet his care needs. He wandered away, fell, suffered severe brain damage, and later died. 

• $1 Million+ – Failure to send a resident to the ER

 A facility delayed emergency care for a head-trauma fall, resulting in brain bleeding and long-term impairment.

• $850,000 – Single fall resulting in concussion and PCS

 A resident developed post-concussion syndrome due to ignored fall-risk protocols.

Cases involving TBI, delayed emergency care, or clear neglect typically result in higher compensation because the harm is severe and preventable.

Ready to Understand Your Case Value?

If your loved one suffered a concussion, head trauma, or TBI in a California care facility, our elder abuse attorney california can evaluate medical records, facility logs, and timelines to determine the potential compensation available to your family.

What Is the Facility's “Duty of Care” in California for Preventing Falls and Head Injuries in High-Risk Elderly Residents?

In California, every licensed nursing home and assisted-living facility has a legal duty of care to protect high-risk residents from preventable falls and head injuries. This duty requires facilities to:

• Identify fall risks through proper assessments.

• Create a personalized care plan for residents with mobility issues, cognitive decline, dizziness, or prior falls.

• Provide adequate supervision and staffing at all times.

• Use safety measures such as bed alarms, grab bars, non-slip flooring, and proper transfer assistance.

• Respond immediately when a resident shows signs of head trauma or concussion.
  
  

Failure to do any of these can constitute elder neglect under California law, especially when the facility knew that the resident was at high risk for TBI or severe head injury.

How Much Does It Cost to Hire an Elder Abuse Lawyer in California for a Head Injury Case

Most families worry about legal fees; especially when dealing with a traumatic brain injury or concussion caused by a care facility's neglect. 

The good news is this: elder abuse and nursing home negligence lawyers in California almost always work on a contingency fee.

That means:

• You pay nothing upfront.

• You owe no hourly fees.

• The lawyer is paid only if they win your case.

Speak With a California Elder Abuse Attorney About Your Loved One's Head Injury

A head injury in a nursing home or assisted-living facility is never “just a fall.” If your loved one suffered a concussion, TBI, or unexplained decline, you deserve clear answers and legal protection.

At Fassonaki Law Firm, P.C., we investigate elder head injuries, preserve critical evidence, work with medical experts, and pursue the full compensation your family may be entitled to under California law.

Call 323-524-8994 to speak directly wifth our elder abuse attorney Los Angeles today.

Here's what sets us apart:

• We focus on elder abuse and care-facility negligence.

• We know the medical side of TBIs.

• We act fast to preserve evidence.

• We build cases the right way with expert support.

• We fight for maximum compensation.

• We work on contingency.

Your loved one's safety and dignity come first. Let us help you protect both

FAQs

1. Do I need a lawyer to sue a California nursing home for a head injury or TBI?

You are not legally required to hire a lawyer, but these cases are complex and often involve medical records, fall-risk assessments, staffing violations, and elder abuse laws. Working with an experienced firm in California elder neglect law firms like Fassonaki Law Firm  help preserve evidence, document abuse, and maximize compensation.

2. What if the facility claims my loved one “fell because of age”?

Facilities often blame aging or dementia to avoid responsibility. But under California elder abuse laws, a facility must assess fall risks and implement safety measures. If they failed, you may still have a strong case. 

3. Can I sue if my loved one developed complications like brain bleeding or PCS after a fall?

Yes. Delayed diagnosis or failure to send a resident to the ER can worsen a concussion into a traumatic brain injury, brain bleed, or post-concussion syndrome (PCS). These complications often increase the value of an elder abuse lawsuit.

4. Is a head injury considered a TBI?

Yes. Many head injuries even “mild” ones qualify as TBIs, especially in seniors who are more vulnerable to brain bleeding and cognitive decline

5. Can you sue nursing home for a concussion?

Yes. A concussion is a brain injury, and you can sue if it was caused by neglect, unsafe care, or delayed medical treatment in a facility.