Retaliation is illegal under California law. We work closely with families and the Ombudsman to ensure that residents are protected and, if necessary, moved to a safer environment while the case proceeds.
Milpitas Nursing Home Abuse
How do we pay for a nursing home abuse lawyer?
Our firm works on a 100% contingency basis. We cover all the upfront costs of litigation, and we are only paid if we successfully recover a settlement or verdict for you.
What if my loved one can’t remember what happened?
Many of our clients have dementia. We build these cases through medical records, witness statements from other families or former employees, and physical evidence like photographs and expert medical analysis.
Can I recover damages if my loved one died from an infection?
If the nursing home infection was preventable or caused by poor hygiene and a lack of medical monitoring, you can pursue a wrongful death claim. This allows the family to hold the facility accountable for the loss of their loved one.
How long do I have to file a lawsuit in Milpitas?
Generally, you have two years from the date of the injury to file an elder abuse claim. However, if the claim involves medical malpractice, the limit may be as short as one year. You should contact a lawyer immediately to preserve your rights.
Is the facility liable for a resident-on-resident assault?
Yes. Nursing homes have a duty to protect residents from known or foreseeable risks. If a facility failed to supervise a resident with a known history of aggression, they can be held liable for the resulting nursing home assault.
How can I prove nursing home understaffing?
Proving understaffing requires more than just observation. We use legal discovery to obtain the facility’s daily staffing logs and payroll records, comparing them against California’s mandatory "direct care hours" requirements.
What constitutes “nursing home neglect” in California?
Neglect is the failure of a care provider to provide the goods or services necessary to avoid physical harm or mental suffering. This includes failures in personal hygiene, provision of food and water, and protection from health and safety hazards.


