When your loved one is living in a nursing home, you expect their needs to be met. Unfortunately, nursing home abuse is a widespread problem. From the National Center on Elder Abuse, a 2011 study found 260,000 elderly New Yorkers were victims of abuse the previous year. Nationwide, 1.4 million Americans live in nursing home facilities. It can be devastating to discover your loved one is the victim of abuse at a nursing home, as elder abuse can encompass:
- Financial abuse
- Physical abuse
- Emotional abuse
Sometimes, it can be difficult to identify signs of elder abuse when your loved one is in a nursing home, especially if you are unable to visit regularly. If you discover that your loved one is the victim of elderly abuse, a Mount Vernon nursing home abuse lawyer can file a personal injury claim and seek financial compensation for injuries such as:
- Broken or fractured bones
- Emotional distress
- Financial losses
Elderly individuals are more vulnerable to abuse and neglect, especially if they have a medical condition or disability. Having a mobility impairment or degenerative neurological condition can make your loved one more vulnerable in a nursing home. If your loved one was hurt at a nursing home, a Mount Vernon nursing home abuse lawyer can assist you in:
- Filing a personal injury claim
- Collecting evidence
- Interviewing witnesses
- Requesting video footage of the incident
- And more
Personal injury claims filed by a Mount Vernon nursing home abuse lawyer can seek economic and non-economic damages. A reason to consider consulting a Mount Vernon nursing home abuse lawyer is that New York does not limit the number of damages you can recover in a personal injury case. Also, per New York Civil Practice Law & Rules §214, you are required to file your personal injury lawsuit within three years. Failing to file a valid lawsuit before the deadline, also known as the statute of limitations, prevents you from recovering damages through the courts.
Call Morelli Law Firm today at (212) 751-9800 to schedule a free consultation to discuss your nursing home abuse claim.
Understanding Elderly Abuse
When your loved one is living in a nursing home, you assume that their physical, emotional, and financial needs are met. Unfortunately, factors like understaffed facilities can lead to neglect and abuse. Like other personal injury claims, elder abuse requires that an individual suffers actual harm as a result of tortious conduct.
Elder abuse includes physical, emotional, and financial abuse.
Physical abuse can involve staff using force that results in injuries, such as bruises, strained muscles, and lacerations. Bedsores are another indication that your loved one may be enduring neglect. If you suspect your loved one is suffering physical abuse at a nursing home, documenting the injuries is important.
Emotional abuse can involve staff making verbal statements and comments that cause distress. Emotional abuse can involve derogatory and dehumanizing statements, which can cause depression, anxiety, and loneliness.
Residents of nursing homes are especially prone to financial abuse. Financial abuse can involve the theft of funds or unauthorized use of debit and credit cards. If you notice unexplained transactions on your loved one’s bank statements, it may be a sign that an abuser is taking advantage of them.
Call Morelli Law Firm today at (212) 751-9800 to schedule a free consultation.
Have You Been Injured In An Accident? Contact Morelli Law877-751-9800
Liability in Elder Abuse Cases
When your loved one suffers abuse at a nursing home, you can pursue damages. Nursing homes have a legal obligation to:
- Treat your loved one with respect
- Monitor your loved one’s health
- Administer medications
- Ensure your loved one is safe
Nursing homes are liable for the actions of their employees. A Mount Vernon nursing home abuse lawyer can investigate the cause of your loved one’s injuries, which may involve requesting security footage or talking with staff members and other residents.
When your loved one is living at a nursing home, the nursing home must ensure the safety of all residents. That means ensuring the facilities are maintained, and medical needs are met. Poorly maintained nursing homes increase the risk of residents sustaining injuries.
A Mount Vernon nursing home abuse lawyer can recover both economic and non-economic damages, which compensate you for your injuries and the costs associated with them.
New York does not cap economic damages. Economic losses are costs you incurred or paid as a direct result of the tortious conduct. For example, if your loved one falls and breaks their arm at a nursing home, medical bills associated with their treatment are considered economic damages. If your loved one is the victim of financial abuse, the amount of money stolen, and the fees associated with the unauthorized transactions, are both economic losses. That means if someone stole and cashed a forged check, you can recover damages for the amount that was stolen and any fees the bank placed on your account.
You can prove economic damages with documents like receipts, bank statements, copies of canceled checks, and invoices. If you notice your loved one has unauthorized charges on their debit or credit cards, make sure to immediately cancel the card and report the fraud directly to the bank.
While economic damages are actual costs that you can prove in court, non-economic losses consider how the tortious conduct impacted areas other than your finances. A Mount Vernon nursing home abuse lawyer can pursue non-economic damages for:
- Mental anguish
- Pain and suffering
- Loss of affection
- Loss of consortium
Non-economic damages can consider how the injuries impact your daily life, as well as how your injuries will affect your future quality of lime.
Call Morelli Law Firm Today
When your loved one is the victim of elderly abuse at a nursing home, you can feel overwhelmed, angry, and hurt. A Mount Vernon nursing home abuse lawyer specializes in assisting you in recovering the damages you are entitled to receive. Your loved one can collect damages for economic and non-economic losses, which can compensate for the tortious behavior.
If your loved one has been the victim of nursing home abuse, Call Morelli Law Firm today at (212) 751-9800 to schedule a free consultation.