Following the California legislative updates that began a few years ago, the cap for non-economic damages has increased. As of 2026, the limit for non-death cases is significantly higher than the old $250,000 mark, with a separate, higher cap for wrongful death...
FAQs
What qualifies as medical malpractice in California?
Legal medical malpractice occurs when a healthcare provider breaches the professional standard of care through an act or omission, and that breach directly results in injury or death. In Hayward, this applies to hospitals, physicians, and other licensed medical staff.
Should I sign a settlement offer from the facility’s insurance?
Never sign anything or give a recorded statement without consulting an attorney. Insurance companies often offer low settlements before the full extent of the board and care injury is known. Let us review the offer first.
Can a facility retaliate against my loved one for filing a claim?
Retaliation is strictly prohibited by California law. If you fear for your loved one’s safety in a Hayward home, we can assist with documenting these concerns and involving state regulators to ensure their protection.
What if I cannot afford a lawyer?
Stebner, Gertler, & Guadagni works on a contingency basis. You will never pay any out-of-pocket costs for our services. We only receive a fee if we successfully recover a settlement or jury verdict for you.
How long will a lawsuit against a board and care facility take?
Every case is different, but we work to move the process along as quickly as possible. Most board and care injury cases in Hayward are resolved through settlement or trial within one to two years.
What is the role of a Hayward board and care abuse lawyer?
Our role is to conduct a professional investigation, manage all communication with insurance companies, and build a case that forces the facility to accept responsibility. We take the legal burden off the family so they can focus on their loved one’s recovery.
What are “enhanced remedies” in an elder abuse case?
Under California law, if we prove board and care neglect involved recklessness or malice, the court can award attorney’s fees and punitive damages. This ensures that the facility—not the victim’s family—pays for the legal pursuit of justice.
How do I prove the facility was understaffed?
We use the discovery process to obtain payroll records, shift logs, and internal communications. These documents often reveal that a Hayward home was operating with fewer caregivers than required by law or their own resident care plans.
What if the abuser was a private caregiver hired by the facility?
A Hayward board and care abuse lawyer can determine liability, but generally, the facility is responsible for the conduct of anyone they allow to care for residents. The home has a duty to vet and supervise all staff and contractors.


