Nursing homes exist to provide necessary medical care to individuals who are unable to live independently. As such, it is understandable to expect your loved one to receive proper care while living in such a facility. However, while most nursing homes provide excellent care, cases of abuse and neglect are not uncommon. For example, some nursing homes face issues related to being understaffed, which can increase the incidence of neglect and abuse.
If you believe your family member experienced abuse in their nursing home, criminal action is not the only path to justice. When you hire a lawyer from our firm, we can begin a civil nursing home abuse case on your behalf in New York. Our team will review your eligibility for personal injury or wrongful death damages in a complimentary case assessment.
We Can Help You File the Correct Paperwork in Your Case and on Time
Pursuing a civil case against the nursing home may not be the first thing on your mind when you discover your loved one’s abuse. That’s where our team comes in—we want to take care of your legal concerns so you can focus on tending to your loved one and the rest of your family.
The nursing home abuse attorney we assign to your case will take any evidence you provide and use it to guide our investigation. Once we have enough evidence, we will work to identify all liable parties, as you may have claims against the facility and individual staff members. We will then:
- File the necessary paperwork to initiate your claim or lawsuit
- Speak with the liable parties’ representatives for you
- Determine the value of your economic and non-economic damages
- Advise you on your legal options and any settlement offers you receive
- Prepare you for depositions or court appearances
None of these services will cost you out of pocket because our attorneys work based on contingency. Rather than charging hourly fees, we take our payments as a percentage of the compensation we win for you. This fee arrangement means no win, no fee. Plus, the initial consultation is always free.
Damages You Can Receive in a New York Nursing Home Abuse Case
When you contact us, a nursing home abuse lawyer on our team can begin a personal injury or wrongful death case against the facility liable for your loved one’s abuse. Doing so may allow you to recover compensation for a variety of damages, both economic and non-economic. In severe cases of abuse, your family may be entitled to punitive damages.
When you incur expenses as a result of negligent or abusive conduct, New York allows you to recover economic damages. Our team can pursue these damages for losses you paid or will have to pay in the future because of your loved one’s injuries.
For example, if your loved one had to receive medical treatment because of elder abuse at a nursing home, those medical bills are considered economic losses. Transportation to and from doctor appointments to treat these injuries can also fall into this damage category.
One of our attorneys can prove the economic losses in your New York nursing home abuse case by submitting copies of bills and receipts related to your loved one’s injuries. To help your case, make sure to document these expenses as they accumulate.
Non-economic damages consider how the abuse or neglect impacted areas of your loved one’s and your family’s life other than finances. Our team can build a case to claim non-economic damages for:
- Pain and suffering
- Mental anguish
- Loss of enjoyment
- Loss of consortium
If your loved one’s injuries diminish their quality of life or caused their death, juries can consider this when calculating damages. For example, suffering forms of psychological abuse can lead to chronic mental health problems. Physical injuries may limit your loved one’s ability to engage in the same activities they enjoyed before their injuries. If their injuries were fatal, you could recover damages for their loss.
Nursing Home Abuse Cases We Handle
The National Center on Elder Abuse (NCEA) reports that 95% of nursing home residents have experienced or witnessed neglect, while more than half of nursing home workers admit to abusing or neglecting residents.
Multiple forms of abuse can occur in a nursing home setting, and we can help you file a claim in these situations.
Physical abuse can include physical and sexual assaults committed by other residents. If another resident hurts your loved one, the nursing home is responsible for allowing the abuse to occur.
Emotional abuse can cause distress, as comments can make residents feel isolated, alone, and nervous. It can also make it difficult for your loved one to enjoy life and may lead to trauma.
If you notice staff mistreating other residents when you visit your loved one, it can be a sign that your loved one is experiencing abuse as well. If your loved one acts uncomfortable around certain staff members, it can also suggest that mistreatment or abuse is occurring.
Senior citizens are prone to experiencing financial exploitation and financial abuse, especially in nursing home settings. Residents may be unable to monitor their bank accounts or keep their bank cards safe, which can lead to theft. Since residents rely on the nursing home to keep their property safe, they may not notice when financial abuse occurs.
Make sure to review your loved one’s bank statements and check for unauthorized transactions. Contact the bank if you suspect your loved one is the victim of financial abuse.
What to Do If You Recognize Signs of Abuse in a Nursing Home
Elder abuse is a crime in New York. When you discover your loved one is the victim of any type of abuse at a nursing home, it is important to report the allegations to the authorities and Adult Protective Services (APS). While this initiates the criminal investigation, we encourage you to get in touch with our law firm to seek civil action.
Hiring a nursing home abuse lawyer right away can ensure that you have time to file a lawsuit within New York’s statute of limitations. These deadlines are three years for a personal injury lawsuit under CVP §214 and two years for wrongful death under EPT §5-4.1.
Call the Attorneys at Morelli Law Firm Today
If your loved one sustained injuries from abuse at their New York nursing home, a lawyer from our team can help your family seek damages. Call Morelli Law Firm today for a free consultation to discuss the details of your case.