When our loved one’s reach a certain age, we want them to be able to enjoy their final years in a safe and friendly environment. Many elder care facilities provide the assistance and medical attention our senior family members need to maintain such a lifestyle, but some are breeding grounds for abuse and neglect.
If you believe your loved one has been harmed by the negligent or ill-intentioned actions of a nursing home employee, a personal injury lawyer in New York can help you hold them liable for physical, emotional, and financial damages. The team at Morelli Law has a wealth of experience serving victims of elder abuse and are fully prepared to take on your case.
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 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.
Economic damages can be requested to cover expenses like medical bills and other tangible losses. Non-economic damages are meant to compensate for the emotional toll that abuse can take on a victim. A nursing home abuse attorney in New York will be able to determine exactly which of the following damages you and your family member are eligible to receive:
- Pain and suffering
- Mental anguish
- Loss of enjoyment
- Past, present and future medical bills
- Transportation to and from doctor’s office
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A Lawyer Can Determine Who Is Liable for Nursing Home Abuse
When seniors are taken advantage of or injured at a nursing home, figuring out who is responsible for their abuse is critical to the process of filing a claim. Some victims may be suffering from dementia or other memory problems, which makes identifying the guilty party extremely difficult without the assistance of a skilled lawyer.
An attorney will be able to conduct an investigation into your loved one’s case and determine who exactly is responsible for their injuries. In these cases, the guilty party is usually either an employee of the nursing home, a contractor, or the nursing home itself. Here are several of the entities your attorney will consider as possible suspects in an abuse case:
- Nursing home physician
- Contracted care employees
- Custodial staff
- The nursing home itself
When the Nursing Home Is Responsible for Abuse
Many nursing homes in New York are understaffed, have high-turnover rates, and fail to properly train their employees. When elder abuse occurs as a result of a nursing home’s failure to facilitate a healthy and safe environment, the institution must be held responsible.
If an attorney finds that your loved one’s mistreatment resulted from the nursing home’s inability to provide a certain standard of care, they’ll hold the facility liable for medical costs, emotional trauma, and any other related damages. Here are some of the irresponsible actions a nursing home abuse lawyer can build a claim for:
- Failure to provide basic necessities like water, food, and toiletries
- Lack of medical care or prescription medications
- Failure to properly vet new employees
- Insufficient employee training
- Failure to maintain assistive equipment
- Lack of security
How a Nursing Home Abuse Attorney in New York Can Help
If you’ve discovered that your family member is suffering from abuse, pursuing a civil case against their nursing home might not be the first thing that comes to mind. That’s where our team comes in—we want to take care of your legal concerns so that you can focus on tending to your loved one.
The New York nursing home abuse attorney we assign to your case will gather all the evidence they need to hold the guilty party responsible for their negligence. Once your lawyer has gathered the necessary evidence and determined who is responsible for your loved one’s abuse, they’ll take the following steps to hold them liable for damages:
- 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
Our Lawyers Can Handle a Variety of Nursing Home Abuse Cases
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 an elder care facility, and some are more immediately noticeable than others. Our nursing home abuse lawyers in New York at Morelli Law Firm are able to investigate and file a claim for any type of mistreatment your loved one might be experiencing. If you feel that you have a nursing home abuse case, contact us immediately to discuss your options.
Physical abuse can include physical and sexual assaults committed by staff members and other residents. If a nursing home employee or resident hurts your loved one, a lawyer can hold the facility responsible for allowing the abuse to occur.
Negative and hateful comments can cause distress and make residents feel isolated, alone, and nervous. Emotional abuse can also drastically reduce your loved one’s quality of life and may result in psychological trauma.
If you notice that the staff is mistreating other residents when you visit your loved one, it might be a sign that your loved one is experiencing abuse as well. Another hallmark of abuse is when a loved one acts uncomfortable around certain staff members or residents.
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 a victim of financial abuse. If you find that a nursing home employee is stealing from your family member, an attorney can help you file a claim against them.
Signs of Nursing Home Abuse
Being able to identify the signs of nursing home abuse will allow you to help your loved one seek better accommodations if they’re being mistreated. There are a number of indicators that point to different types of elder abuse. If you notice any of the following signs of mistreatment, be sure to contact a lawyer, and they’ll help you file a claim:
- Weight loss
- Bruises, cuts, or open wounds
- Feeling upset
- Less talkative
- STD’s or bleeding in private areas
- Unexplained purchases
- Sudden changes in your loved one’s will or life insurance
Some of these signs are more subtle than others, so it’s important to always be on the lookout for indicators of mistreatment. If you suspect your family member is a victim of nursing home abuse, starting the process of filing a claim as soon as possible is essential, as there are legal deadlines for filing injury claims in New York.
When Nursing Home Abuse Has Fatal Consequences
If your loved one has passed away due to neglect or injuries sustained at a care facility, we understand the pain you must be experiencing. As you mourn the loss of your loved one, filing a wrongful death claim is probably the furthest thing from your mind. However, when a care provider’s actions lead to fatal consequences, they must be brought to justice.
A nursing home abuse attorney in New York can investigate your case and hold the at-fault party liable for their despicable behavior. They’ll demand a fair settlement, and if one isn’t offered, they’ll file a claim for the following wrongful death damages:
- Medical bills
- Loss of income
- Loss of consortium
- Pain and suffering
- Emotional trauma
- Funeral and burial expenses
- Punitive damages
What to Do If You Recognize Signs of Abuse in a New York Nursing Home
Elder abuse is considered a serious criminal offense in New York. If you discover your loved one is the victim of any type of nursing home abuse, it is important to file a report with law enforcement and Adult Protective Services (APS). While this will initiate a criminal investigation, we encourage you to get in touch with an attorney to seek civil action.
You can also fill out a Nursing Home Complaint Form with the New York Department of Health. They’ll review your submission and let you know how they plan on handling your complaint. There’s also a Nursing Home Complaint Hotline you can find on the Department of Health website.
Statute of Limitations for Nursing Home Abuse Claims in New York
Make sure to hire a nursing home abuse lawyer as soon as you notice signs of mistreatment. Doing so will afford you the time you need to file a lawsuit within New York’s statute of limitations. Failure to file within the relevant timeframe will make it extremely difficult, if not impossible, to file a lawsuit.
According to CVP § 214, the legal deadline for filing a personal injury claim is three years from the date that the injury was discovered. If you need to file a wrongful death claim, EPT § 5-4.1 states that you need to do so within three years of your loved one’s passing. A skilled nursing home abuse attorney will make sure the correct documents are filed before the legal deadline.
We Offer No-Cost Legal Services for Abuse Victims in New York
Our nursing home abuse lawyers in New York believe that everyone deserves the right to hold their loved one’s care providers responsible for neglect and abuse. That’s why all our attorneys work for a contingency fee. That means they’ll litigate your case for a portion of your total compensation.
If your claim is unsuccessful, you won’t have to pay any out-of-pocket legal fees. You can expect your nursing home abuse attorney to take approximately a third of your loved one’s settlement or court-awarded payment. Some of the most successful claims come from contingency-fee agreements, as attorneys are eager to win their case and collect their share.
Our Nursing Home Abuse Lawyers Are Well Respected By New Yorkers
Our nursing home abuse attorneys are highly regarded amongst New Yorkers. They put their hearts and souls into their work, and their clients are always eager to offer praise. Visit our testimonials page and see for yourself!
There you’ll find rave reviews from past clients. After you’ve read their stories, you’ll realize why families of nursing home abuse victims always turn to our team of lawyers to hold malicious parties responsible for their wrongdoing.
Call the Attorneys at Morelli Law Firm Today
If your loved one sustained injuries or passed away from abuse at their nursing home, a New York nurisng home abuse attorney from our team can help your family seek damages. Our lawyers have years of experience holding care providers liable for mistreatment, so you can be confident that they’ll be able to build a successful claim for your loved on
Call Morelli Law Firm today for a free case evaluation. We’ll discuss the details of your case and get the ball rolling on your claim. Our team has decades of experience protecting the elderly from abuse, and will work tirelessly until the party responsible for your loved one’s mistreatment is held accountable.