Elder Abuse Lawyer Serving Napa

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My mother died after neglect at a Napa care facility. Can the family still bring an elder abuse claim?

Possibly: after an elder or dependent adult dies, the right to start or continue an elder abuse action passes to the decedent’s personal representative (Welfare and Institutions Code section 15657.3(d)). The Law Offices of J. Chrisp serves families in Napa and handles many elder abuse cases.

When an elder who died has no personal representative, the right to bring the elder abuse action passes to others. They are an intestate heir whose interest is affected, the successor in interest, or an interested person who is not merely a creditor or estate claimant. Code of Civil Procedure section 377.32 must be satisfied. Consultations are free, and there is no fee unless we win.

Pain and suffering damages after the elder’s death

Under Code of Civil Procedure section 377.34(a), a personal representative or successor in interest suing on the decedent’s own claim can recover only the losses the decedent had before death. That includes penalties or punitive damages the decedent could have recovered, but not damages for pain, suffering or disfigurement. A temporary exception in section 377.34(b) covers only actions filed from January 1, 2022 through December 31, 2025. It also covers actions granted a preference under Code of Civil Procedure section 36 before 2022.

Elder abuse claims are treated differently. Section 15657(b) says the section 377.34 limits do not apply when two things are proven:

The defendant is liable for physical abuse, neglect or abandonment.
The defendant acted with recklessness, oppression, fraud or malice in committing it.

Both must be shown by clear and convincing evidence. A lower standard is possible only under section 15657.02. It covers certain claims against care facilities when a judge or arbitrator finds spoliation of evidence, or the plaintiff wins a discovery motion based on it. The spoliated evidence has to be material to the claim and specifically required to be maintained or preserved by the defendant. When section 15657(b) applies, the damages recovered still may not exceed the amount permitted under subdivision (b) of Civil Code section 3333.2.

When the personal representative will not sue

Section 15657.3(d)(2) gives the heir, successor in interest or qualifying interested person standing to bring or continue the elder abuse action in two situations:

The personal representative refuses to bring or continue it.
The personal representative’s family or an affiliate, as defined in Probate Code section 1064(a), is alleged to have committed the abuse.

If two or more people claim standing, the court handling the case may make orders about the parties to ensure the proper administration of justice (section 15657.3(e)).

A separate wrongful death claim

Apart from the elder’s own claim, Code of Civil Procedure section 377.60 lets certain relatives sue when another person’s wrongful act or neglect caused the death. Under subdivision (a), they include the surviving spouse or domestic partner, the children, and the descendants of any children who have died. If the decedent left no surviving issue, the claim belongs to the persons, including a surviving spouse or domestic partner, who would inherit the decedent’s property by intestate succession. The decedent’s personal representative may also bring it on their behalf.

Reporting elder abuse in Napa County

Dial 911 when a life is at risk. Napa County Adult Protective Services investigates reports of alleged abuse. Its line, 707-253-4398, is staffed Monday through Friday, 8 a.m. to 5 p.m. On nights and weekends, the number is 888-619-6913.

The Napa County District Attorney’s elder abuse page also lists local agencies:

Napa County Sheriff: 707-253-4440
Napa Police Department: 707-257-9550
St. Helena Police Department: 707-967-2850
Calistoga Police Department: 707-942-2810
Napa Victim Services: 707-299-1414

Offices and service area

The firm does not have an office in Napa. The firm’s list of areas served also names Napa Valley. The firm’s three offices are:

Lower Lake (main office): 9667 Highway 29, Lower Lake, CA 95457, (707) 994-0529
Santa Rosa: 3558 Round Barn Blvd, Suite 200, Santa Rosa, CA 95403
San Francisco: 1330 Bush Street, Suite 9D, San Francisco, CA 94109

The firm’s toll-free line, 877-J-CHRISP (877-524-7477), is staffed around the clock. Some staff members speak Spanish.

Frequently asked questions

Does a pending elder abuse case end if the elder dies?

No. Under section 15657.3(c), the death of the elder or dependent adult does not cause the court to lose jurisdiction over a claim for abuse of that person.

Which court hears an elder abuse case if the elder had a conservator?

If a conservator was appointed before the abuse action began, the superior court department that handles probate conservatorships shares jurisdiction over the action (section 15657.3(a)). That department transfers the matter to the general civil calendar if it decides the case belongs in a civil action. Napa County’s superior court sits in the city of Napa.

Does the standing rule for families change the filing deadline?

No. Section 15657.3(f) says the section does not affect the statute of limitations that applies to an action for abuse of an elder or dependent adult.

If a parent or other relative was abused or neglected in Napa or Napa Valley, call the Law Offices of J. Chrisp 24/7 at 877-J-CHRISP (877-524-7477) for a free consultation. There is no fee unless we win.

About the Law Offices of J. Chrisp

The Law Offices of J. Chrisp is a Northern California personal injury law firm founded by attorney Jesse Chrisp, who was raised in Lake County. The firm represents injured people, with offices in Lower Lake (main office), Santa Rosa and San Francisco, and serves Sonoma, Napa, Lake and Mendocino counties and the San Francisco Bay Area. Consultations are free, the firm works on a contingency fee with no fee unless the firm wins, and the phone is answered 24/7 at 877-J-CHRISP (877-524-7477). The firm was named to Best Law Firms 2026 (Tier 1, Santa Rosa, Personal Injury Litigation – Plaintiffs). Jesse Chrisp has been recognized by The Best Lawyers in America since 2024 and selected to Super Lawyers from 2023 to 2026.