Oakland wrongful death

Contact Stebner, Gertler, & Guadagni for a free, confidential consultation. We will help you understand your rights and the legal options available to your family.

The care facility can still be held liable if the condition that led to the hospital admission (such as a stage IV bedsore or severe malnutrition) was caused by the facility’s neglect.

These cases are complex and usually take 18 to 24 months. Our firm moves as efficiently as possible while ensuring no detail is missed during the investigation.

Yes. A wrongful death claim compensates the *heirs* for their loss. A survival action allows the *estate* to recover damages for the harm done to the *deceased* person while they were still alive.

The facility is required to report unexpected deaths to the California Department of Public Health (CDPH) or the Department of Social Services (CDSS). However, you should also file an independent complaint to ensure a thorough investigation.

This is a standard defense. We counter this by showing that the death was a foreseeable consequence of the facility’s failure to follow its own care plans or state staffing regulations.

Yes. In addition to a wrongful death claim, we often file a "Survival Action" under the Elder Abuse Act, which allows the estate to recover for the physical and emotional pain the resident suffered before they died.

Compensation can include funeral and burial expenses, loss of financial support, and "non-economic" damages for the loss of love, companionship, and moral support.

Yes. Many death certificates list the immediate cause (like "respiratory failure"), but do not list the neglect (like "aspiration pneumonia") that caused it. We use medical experts to determine the true chain of events.

Under California law, the surviving spouse, domestic partner, or children are the primary individuals entitled to file. If none exist, other heirs (such as parents or siblings) may be eligible depending on the circumstances.