Do not sign anything without legal counsel. Many facilities try to force families into mandatory arbitration to avoid a public jury trial. Contact our Fremont nursing home abuse lawyer to ensure you and your loved one's rights are being protected.
Not every fall is preventable, but a facility must have a "Fall Care Plan" for residents at risk. If they failed to follow that plan or failed to provide necessary assistive devices, they are liable for the resulting nursing home injury.
Stebner, Gertler, & Guadagni works on a contingency fee basis. This means we advance all costs of the litigation, and you pay no legal fees unless we successfully recover money for you.
This is a standard defense tactic. We work with medical experts to demonstrate how the facility’s failures exacerbated those conditions or caused entirely new, preventable injuries.
Under the Elder Abuse Act, victims may be able to recover medical expenses, pain and suffering, and in cases of extreme recklessness, attorney’s fees and punitive damages.
Yes. California law allows for "wrongful death" and "survival" actions. A nursing home death caused by neglect can still be litigated by the personal representative of the estate or the heirs.
Generally, the statute of limitations for personal injury in California is two years. However, medical malpractice and cases involving government-run facilities have different, often shorter, timelines.
Abuse involves intentional harm or a willful disregard for safety, such as physical assault. Negligence is a failure to provide the standard of care that a reasonable person or facility would provide, such as failing to treat an infection or prevent a fall.
