Recovery typically includes medical bills, pain and suffering, and in cases of extreme neglect, punitive damages meant to punish the facility and deter future misconduct.
Hayward Wandering
How long do I have to file a lawsuit in Hayward?
In California, the statute of limitations for personal injury is generally two years, but for elder abuse, the timelines can vary based on the specific claims. It is best to consult with an attorney as soon as possible to avoid losing your right to sue.
How much does it cost to hire an elder abuse lawyer?
Stebner, Gertler, & Guadagni operates on a contingency fee basis. This means we only get paid if we successfully recover compensation for you. There are no upfront costs to begin your case.
What if the facility says they are “not a locked unit”?
Even if a facility is not a "secured" or "locked" memory care unit, they still have a duty to monitor residents. If they knew a resident was a flight risk, they were required to either increase supervision or inform the family that they could no longer safely house...
Can a facility “waive” liability for wandering in a contract?
No. In California, care facilities cannot use contracts to waive their liability for negligence or elder abuse. Any such clause is typically unenforceable.
What should I do immediately after my loved one is found?
Ensure they receive a full medical evaluation, even if they appear uninjured. Dehydration or internal injuries may not be immediately obvious. Document the time they were found and the location, and then report the incident to the Long-Term Care Ombudsman.
Is the facility always responsible if a resident wanders away?
Generally, yes. If a facility accepts a resident with a known diagnosis of dementia or Alzheimer’s, they are assuming the legal duty to keep that person secure. If they cannot meet that need, they should not have admitted the resident.
What is the difference between wandering and elopement?
Wandering is when a resident moves aimlessly within the facility but remains in a safe area. Elopement occurs when a resident with cognitive impairment leaves the facility or its secure grounds without supervision or authorization. Both indicate a need for increased...


