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.
FAQs
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.
How much does it cost to hire your firm?
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.
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.


