We work on a contingency fee basis. This means you pay nothing upfront, and we only receive a fee if we successfully recover compensation for you.
Milpitas Elder Abuse
Do I need a local Milpitas lawyer?
Your lawyer should be intimately familiar with California state laws and the Santa Clara County court system. Stebner, Gertler, & Guadagni handles cases throughout Northern California with deep local knowledge of elder abuse laws.
What if the facility claims the injury was just “old age”?
This is a common defense tactic. We use medical experts to prove that these injuries were preventable results of neglect, not inevitable parts of aging.
Is there a time limit to file a claim in Milpitas?
California has strict statutes of limitations—usually two years for elder abuse, but shorter for medical malpractice. It is critical to consult an elder abuse attorney immediately.
What kind of compensation can be recovered in an elder abuse case?
Damages typically include medical expenses, pain and suffering, and in cases of extreme recklessness, punitive damages designed to punish the facility.
Can I sue a facility even if my loved one has passed away?
Yes. Wrongful death actions can be brought by survivors, and "survival actions" allow the estate to recover damages for the pain and suffering the resident endured prior to death.
What is the difference between neglect and abuse?
Abuse is generally an intentional act meant to cause harm, while neglect is a failure to provide the necessary care (such as forgetting medication or failing to assist with hygiene). Both are actionable under the California Elder Abuse Act.
How do I know if I have a case for elder abuse?
If a resident has suffered a significant injury—such as a stage IV bedsore, a preventable fall leading to surgery, or signs of physical battery—and there is evidence that the facility failed to follow a care plan, you likely have grounds for a lawsuit.


