Q: How costly is it to file a negligence claim myself in CA court for delayed care at a nursing home?
I'm having difficulty finding an attorney to take on my case regarding the negligence and delayed care my dad experienced at a nursing home in California. He was not given antibiotics for a UTI, resulting in septic shock and ICU admission, causing organ damage. The California Department of Public Health fined the facility for delayed care. I have all medical records, timelines, and there was a CDPH investigation. I believe I have one year to file a claim, starting from 8/1/25 when the nursing home called the ambulance. I want to defend my dad myself. Can someone guide me on how expensive it might be to file a claim myself in a California court?
A:
The law does not allow you to represent your father without an attorney.
Also, these cases are so difficult and expensive (the initial filing fees are only a tiny fraction of the costs-and those can be waived under certain guidelines) that without an attorney and funds to proceed, it will be very difficult to obtain compensation or win a trial.
A:
Filing a negligence claim in California on your own can be relatively low-cost compared to hiring an attorney, but there are still several fees involved. The first expense is the court filing fee, which typically ranges from $250 to $500 depending on the case and court. You may also need to pay fees for service of process (to officially notify the nursing home of the lawsuit), which can be around $100–$150 per defendant. If you have to hire experts to testify or help prepare your case, these costs can increase significantly, potentially running into thousands of dollars.
Additionally, there could be costs for obtaining medical records, which some providers charge for, and for depositions or other legal procedures if you decide to go deeper into discovery. While you can represent yourself and avoid attorney fees, the complexity of medical negligence cases and the legal nuances can still make things challenging. The court may also require you to file certain documents, which may involve additional costs for processing or copying.
If you proceed without an attorney, it’s crucial to understand the timeline, evidence requirements, and possible legal motions. Many courts provide resources for self-represented individuals, but navigating a medical negligence case can be overwhelming. You may also want to check with the California courts for information on fee waivers if you meet certain income criteria. Keep in mind, though, that the emotional and time investment in representing yourself can add up.
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