While every case is unique, these lawsuits often take 12 to 24 months to resolve. Our firm focuses on moving cases efficiently while ensuring we do the deep investigative work necessary to maximize the recovery.
Oakland Assisted Living Abuse
What does it cost to hire an Oakland assisted living abuse lawyer?
At Stebner, Gertler, & Guadagni, we work on a contingency fee basis. This means we take on all the financial risk of the litigation. We only get paid if we recover money for your family through a settlement or verdict.
Can I move my loved one out while the lawsuit is pending?
Yes, and in many cases, moving them to a safer environment is the first priority. A lawsuit does not require your loved one to remain in a dangerous facility. We can help guide you on how to document their condition during the move.
Does the facility have to tell me when my loved one falls?
Yes. California regulations require facilities to notify families and the resident's physician of any significant change in health or any serious injury, including falls.
What is the “statute of limitations” for assisted living abuse in Oakland?
Generally, you have two years from the date of the injury to file a lawsuit, but this can vary depending on the specific facts. It is critical to contact an Oakland assisted living abuse attorney as soon as you suspect neglect to preserve evidence.
Who is responsible if another resident attacks my loved one?
The facility is responsible for providing a safe environment. If they knew a resident had a history of aggression or if they failed to provide enough staff to monitor the common areas, the facility is liable for the resulting injuries.
What are “enhanced remedies” in an elder abuse case?
Under the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), if we can prove the facility acted with recklessness or malice, the family may be able to recover attorney’s fees and damages for pain and suffering even after the resident has passed away.
Can I sue for memory care sexual assault if my loved one has dementia?
Absolutely. Many people mistakenly believe that a resident's inability to testify means a case cannot be filed. We use medical evidence, forensic nursing reports, and facility records to prove that a resident was harmed and that the facility failed in its duty to...
How do I know if a facility is understaffed?
You may notice call lights going unanswered, trash cans overflowing, or your loved one wearing the same clothes for multiple days. Legally, we prove understaffing by analyzing the facility's payroll records and "point systems" used to determine how much care a...
Is assisted living different from a nursing home legally?
Yes. Nursing homes are "medical" facilities governed by the Department of Public Health. Assisted living facilities (ALFs) are "non-medical" and governed by the Department of Social Services. However, both have a legal duty to provide for the safety of their residents...


