Stebner, Gertler & Guadagni works on a contingency fee basis. This means we cover all the costs of the investigation and litigation. You pay nothing unless we successfully recover a settlement or verdict for your family.
Hayward Head & Brain
What kind of compensation is available?
Compensation can cover past and future medical bills, the cost of specialized neurological care, pain and suffering, and in cases of extreme neglect, punitive damages intended to punish the facility.
Can I still sue if my loved one has already passed away?
Yes. Under California law, a "wrongful death" or "survival action" can be brought by the personal representative or heirs of the deceased. This allows the family to seek accountability for the suffering the resident endured.
What is a “facility head injury” exactly?
This term refers to any traumatic brain injury that occurs within the confines of a care facility. It includes injuries from falls, being dropped by staff, or physical abuse by employees or other residents.
Is a concussion really that serious for an elderly person?
Absolutely. In the elderly, a concussion can lead to a permanent loss of mobility and cognitive function. It also significantly increases the risk of future falls. Any head impact in a nursing home should be treated as a medical emergency.
How long do I have to file a lawsuit for a nursing home head injury in California?
Generally, the statute of limitations for medical malpractice is one year, while elder abuse claims may allow for more time. However, evidence like staffing logs and surveillance footage can disappear quickly. It is best to speak with an attorney as soon as possible.
What if the facility says the brain injury was caused by “natural aging”?
This is a common defense tactic. While aging does make the brain more vulnerable, it does not cause traumatic injuries like hematomas or skull fractures. We use medical experts to distinguish between age-related cognitive decline and the acute trauma caused by an...
Can a nursing home be held liable if my loved one fell while I wasn’t there?
Yes. Nursing homes are required to provide a safe environment and adequate supervision based on the resident's specific needs. If the facility knew the resident was a fall risk but failed to implement precautions—like floor mats, low beds, or frequent monitoring—they...


