Damages typically include medical expenses, pain and suffering, and in cases of extreme recklessness, punitive damages designed to punish the facility.
What kind of compensation can be recovered in an elder abuse case?
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FAQs
Can I sue a facility even if my loved one has passed away?
Yes. Wrongful death actions can be brought by survivors, and "survival actions" allow the estate to recover damages for the pain and suffering the resident endured prior to death.
What is the difference between neglect and abuse?
Abuse is generally an intentional act meant to cause harm, while neglect is a failure to provide the necessary care (such as forgetting medication or failing to assist with hygiene). Both are actionable under the California Elder Abuse Act.
How do I know if I have a case for elder abuse?
If a resident has suffered a significant injury—such as a stage IV bedsore, a preventable fall leading to surgery, or signs of physical battery—and there is evidence that the facility failed to follow a care plan, you likely have grounds for a lawsuit.
Can I sue for memory care sexual assault?
Yes. These are among the most serious cases we handle. We hold facilities accountable for their failure to provide a safe, secure environment for vulnerable residents.
Do I have to pay upfront to hire Stebner, Gertler, & Guadagni?
There are no upfront fees and we offer free consultations. We operate on a contingency fee basis, meaning we only get paid if we successfully recover compensation for you.
Is there a time limit to file a claim in Fremont?
California generally has a two-year statute of limitations for personal injury, but certain factors can shorten or lengthen this window. It is vital to consult an attorney as soon as neglect is suspected.
What if the facility says my loved one “just fell”?
We investigate if the fall was preventable. Did they have their call light? Was the floor wet? Did the facility ignore a physician's order for a walker? A fall is rarely "just" a fall in a professional care setting.
How do you prove assisted living understaffing?
We subpoena payroll records and compare them to the resident-to-staff ratios promised in the facility's marketing and state-mandated care plans.
Can a facility be held liable for resident-on-resident assault?
Absolutely. If a facility knew or should have known that a resident had violent tendencies and failed to protect others, they are liable for the resulting harm.
