Stebner, Gertler, & Guadagni operates on a contingency fee basis. There are no upfront, out-of-pocket legal fees, and the firm only receives payment if they successfully secure compensation through a settlement or a jury verdict.
Not necessarily. Most elder abuse cases rely heavily on documentary evidence, medical records, and expert testimony. If a deposition or testimony becomes essential, special legal accommodations can be made to minimize stress and ensure the vulnerable resident's comfort.
Surviving family members can file a wrongful death lawsuit alongside a survival action. This legal approach allows the estate and beneficiaries to seek compensation for medical expenses, funeral costs, and the loss of companionship caused by the facility's wrongdoing.
Yes. A facility can be held liable under legal theories of negligent hiring, retention, or supervision if management knew or should have known through proper background checks that an employee posed a risk to vulnerable residents.
California’s Elder Abuse Act provides enhanced remedies that standard personal injury laws do not. If reckless neglect is proven, plaintiffs can recover attorney’s fees and pain and suffering damages, even if the resident passes away while the litigation is pending.
Generally, a personal injury claim must be filed within two years of the injury. However, elder abuse claims involving reckless neglect or intentional misconduct can involve unique statutory timelines, making an early consultation with an attorney critical.
Yes, if the fall resulted from inadequate supervision, a failure to use prescribed assistive devices, or an unaddressed environmental hazard. Facilities must assess each resident’s fall risk upon admission and implement specific, tailored safety interventions.
Proving neglect requires a thorough analysis of medical records, photograph evidence of injuries, witness statements, and internal facility documentation. An experienced lawyer uses this evidence to demonstrate that the facility deviated from mandated care plans and...
Negligence occurs when a facility fails to provide the degree of care that a reasonably prudent care provider would offer under similar circumstances. This includes failing to provide adequate food, hydration, medical attention, and physical safety, directly resulting...
