An accident is truly unavoidable. Negligence occurs when a facility fails to follow a care plan or meet the standard of care. If a facility knew a resident was at risk for a dementia care injury and did nothing to mitigate that risk, it is negligence.
FAQs
Can I sue if my loved one has dementia and can’t explain what happened?
Yes. In fact, most of our cases involve residents who cannot testify. We rely on "circumstantial" evidence—such as medical records, staffing rosters, and physical evidence like bedsores or fractures—to reconstruct the timeline of neglect in a Hayward facility.
Will filing a lawsuit force the facility to change its practices?
Often, yes. For many corporate-owned facilities, the most effective way to force systemic change—such as better background checks or increased security—is to make the cost of neglect higher than the cost of proper care. Our goal is to ensure what happened to your...
How do staffing ratios correlate to sexual assault in memory care?
Understaffing is the primary driver of institutional abuse. When there are not enough eyes on a unit, or when a single staff member is left alone with several high-needs residents, the "checks and balances" of a professional environment vanish. We look for patterns...
What kind of records do I need to start a case?
Start by gathering the admission agreement, any incident reports provided by the facility, and medical records from outside doctors or hospitals. If you don't have these, don't worry—Stebner, Gertler, & Guadagni can use the legal process to compel the facility to...
Can I sue if the abuse happened years ago?
It depends on when the abuse was discovered and the age/capacity of the victim. If you have recently uncovered evidence of past abuse in a Hayward community, contact us to see if the statute of limitations can be extended in your specific situation.
How much does a Hayward assisted living abuse attorney cost?
We work on a contingency fee basis. This means we advance all costs of the litigation, and you pay nothing unless we win your case. Our goal is to make justice accessible to every family in Hayward.
Will my loved one be evicted if I file a complaint?
Retaliation against a resident for reporting abuse or filing a lawsuit is strictly illegal under California law. We can help you navigate the reporting process while ensuring your loved one’s rights are protected.
What is an Ombudsman and should I talk to them first?
An Ombudsman is a neutral advocate who investigates complaints in care facilities. While they are a great resource for immediate intervention in Hayward facilities, they cannot provide legal advice or help you recover damages. You can contact them and an attorney...
How long do I have to file an assisted living abuse lawsuit in Hayward?
Generally, you have two years from the date of the injury or the discovery of the neglect. However, there are exceptions, especially in cases involving medical malpractice or government-run facilities. It is vital to consult with us as soon as possible to preserve...


