When your loved one is a victim of elder abuse and suffers injuries, a Newark nursing home abuse lawyer can file a personal injury claim against the facility and other liable parties. When your loved one resides at a nursing home, the staff is required to meet their medical, emotional, and personal needs.
Nursing home residents are vulnerable to elderly abuse because they may have medical conditions that make it impossible to remain independent. While most nursing homes do an admirable job ensuring that residents are healthy, happy, and supported, elderly abuse is an unfortunately common problem in long-term care facilities.
In New Jersey, elder abuse is a crime and nursing homes are required to meet a standard of care, such as ensuring the medical needs of residents are met. Nursing homes must treat residents with respect, meaning that verbal abuse is not allowed. Some nursing homes are understaffed, which can increase the incidence of elderly abuse.
Neglect is considered a form of elder abuse, meaning that having bedsores or poor hygiene can indicate your loved one is being neglected by staff.
If you suspect your loved one is being abused by a nursing home, a Newark nursing home abuse lawyer can pursue damages for:
- Emotional distress
- Pain and suffering
- Bills and costs associated with your injuries
- Filing and attorney fees
New Jersey requires that a Newark nursing home abuse lawyer file a claim within two years from the date of your injuries, according to New Jersey Statute 2A: 14-2. Failing to file within the statute of limitations can result in your personal injury claim being dismissed and an inability to collect civil damages against the tortfeasor.
Call Morelli Law Firm today at (212) 751-9800 for a free consultation to discuss the details of your case.
Elder Abuse
The National Center on Elder Abuse defines elder abuse as physical, emotional, or financial harm committed against a senior citizen.
Physical
Physical abuse involves behaviors like assault, which can cause severe injuries. Residents at nursing homes are vulnerable to serious injuries from physical abuse because many residents have medical conditions. Residents are not able to resist physical abuse in many cases, making it important to take allegations of abuse seriously. Physical abuse can involve hitting, striking, and kicking, as well as gripping too hard. Signs of abuse can include:
- Lacerations, cuts, and scratch marks
- Bruises
- Bite marks
Bruises can occur if a staff member grabs a resident too hard, which can leave bruises in the shape of fingerprints.
Emotional Abuse
Residents at nursing homes have rights, which include being treated with respect and kindness. If staff is verbally abusive, it can result in emotional distress. Emotional abuse can cause trauma, depression, anxiety, and fear, which can reduce your quality of life. You can identify signs of emotional abuse when you visit your loved one at a nursing home. If your loved one acts scared when approached by staff or you overhear staff mistreating other residents, it can demonstrate that your loved one may be experiencing elder abuse.
Financial Abuse
Residents at nursing homes rely on staff to keep their personal property safe, which includes items like cash, checkbooks, and bank cards. Financial abuse can involve the theft of funds or unauthorized use of bank cards, which can be difficult to uncover without reviewing your loved one’s financial accounts. If your loved one’s bank card or checkbook is unaccounted for, it can be a sign that they are experiencing financial abuse.
Nursing home residents have limitations on keeping their property safe. If you notice your loved one is missing items like bank cards, it is important to review their bank statements to see if there are unauthorized charges.
If your loved one suffers any form of elder abuse at a personal care home, a Newark nursing home abuse lawyer can file a personal injury claim against the liable parties.
Call Morelli Law Firm today at (212) 751-9800 for a free consultation.
Damages
A Newark nursing home abuse lawyer can pursue economic, non-economic, and punitive damages.
Economic
Economic losses are costs that you can prove you paid or incurred as a result of your injuries. Medical treatment and transportation to medical appointments for your injuries are both considered economic losses. Economic damages can be proven by using documents like receipts or bills. If a Newark nursing home abuse lawyer files a personal injury claim against a nursing home, your legal fees are considered economic losses. New Jersey does not cap economic damages.
Non-Economic
Non-economic losses are unactualized and consider how your injuries impact your quality of life. Non-economic damages can be assessed for injuries that result in:
- Pain and suffering
- Mental anguish
- Loss of consortium
- Loss of affection
- Diminished quality of life
If injuries cause mental health problems, such as anxiety or insomnia, it can allow a Newark nursing home abuse lawyer to collect non-economic damages. If your loved one experienced physical injuries, non-economic damages compensate for the emotional impact of the injuries, as well as the pain they caused. Non-economic damages are not capped in New Jersey and can consider whether injuries limit or reduce your ability to engage in the same activities you enjoyed before the injuries.
Newark Nursing Home Abuse Lawyer Near Me 877-751-9800
Call Morelli Law Firm Today
If your loved one suffers elderly abuse at a nursing home, it can be hurtful and shocking. Nursing homes must ensure your loved one’s needs are met and physical, emotional, and financial abuse can entitle your loved one to receive financial compensation. A Newark nursing home abuse lawyer can protect your legal rights and pursue remedies such as filing a personal injury claim against the facility responsible for your loved one’s injuries.
Call Morelli Law Firm today at (212) 751-9800 for a free case assessment.