When you entrust a nursing home to care for your loved one, you expect your loved one’s medical and personal needs to be met. Residents of nursing homes need care because they are unable to live independently, which is why residents are vulnerable to elder abuse. Elder abuse is a crime in New Jersey, making it essential to report abuse and contact us if your loved one is the victim of elder abuse committed at a long-term care facility.
While learning that your loved one is the victim of elder abuse can be overwhelming and shocking, abuse at nursing homes is widespread. When your loved one is the victim of elder abuse, New Jersey allows you to collect civil damages against the responsible parties. A Paterson nursing home abuse lawyer can file a personal injury claim against the nursing home and other liable parties and can recover:
- Pain and suffering
- Medical bills and other economic losses
- Mental anguish
- Attorney fees
N.J. State Statute 2A: 14-2 requires your Paterson nursing home abuse lawyer to file a valid complaint within two years of the injuries to recover damages. Claims filed after the statute of limitations expires can be dismissed, barring you from collecting damages.
According to the National Center on Elder Abuse (NCEA), “elder and vulnerable/dependent adult abuse affects millions of people in the U.S.” Call Morelli Law Firm today at (212) 751-9800 for a free consultation to review your legal options.
Personal Injury Claims
When your loved one is hurt because of abuse by employees at a nursing home, you can pursue a personal injury claim against the liable parties. Personal injury claims exist when you sustain injuries because of tortious conduct. Tortious conduct includes criminal behavior, like assault and battery, as well as unintentional actions like negligence.
Intentional Torts
Many intentional torts are also criminal. Physical and psychological abuse can both be considered intentional torts. Examples of intentional torts that can occur in nursing home settings include:
- Assault
- Verbal abuse
- Pushing, shoving, and kicking
- Fraud and theft
If your loved one sustained injuries in a nursing home caused by an intentional tort, a Paterson nursing home abuse lawyer can pursue damages.
Unintentional Torts
Injuries in a nursing home can result from negligent care. Negligence is a type of unintentional tort. A negligence claim exists when you are injured because someone violates a duty to care. The violation must cause your injuries.
In a nursing home setting, negligence can involve things like staff ignoring medical problems or failing to keep the facility clean. A common sign of negligence in nursing homes is bedsores, which develop when individuals are bedridden. Nursing homes are obligated to ensure residents can engage in physical activities and exercise when possible.
If you call your loved one’s nursing home to address issues such as a diminished quality of care and staff fails to resolve the problem, it can be a sign that your loved one is being neglected by staff.
To discuss the details of your elder abuse claim, call Morelli Law Firm today at (212) 751-9800 for a free consultation.
Liability
When your loved one is injured at a nursing home, multiple parties can be liable, which is why discussing your claim with a Paterson nursing home abuse lawyer is important. The individual staff members can be held civilly and criminally liable. The nursing home is liable for tortious conduct committed by employees and their insurance policy may cover certain claims related to negligence.
To establish liability, a Paterson nursing home abuse lawyer can request copies of incident reports and complaints made against the facility and its employees. If the nursing home hired staff members with a history of abusing residents, they can be held liable for negligent hiring practices. Likewise, if the nursing home ignored complaints involving elder abuse, they can be sued by a Paterson nursing home abuse lawyer for negligent supervision.
Paterson Nursing Home Abuse Lawyer Near Me 877-751-9800
Damages
A Paterson nursing home abuse lawyer can pursue damages for:
- Economic losses
- Non-economic losses
- Wrongful death
New Jersey does not cap economic or non-economic damages, making it essential to consult a Paterson nursing home abuse lawyer to ensure you pursue all available claims.
Economic
Economic damages are for actual losses you incurred as a result of your injuries. Economic losses can be proven with receipts or bank statements. You can recover economic damages for the financial costs associated with your injury. For example, if your loved one falls at a nursing home and injures their back, hospital bills associated with treatment for the injury is considered an economic loss.
Non-Economic
When you sustain injuries from a nursing home employee, you can pursue non-economic damages such as:
- Pain and suffering
- Mental anguish
- Loss of consortium
- Diminished quality of life
Non-economic damages consider how your injuries impact your daily life. When your injuries cause chronic anxiety or limitations, juries can award compensation.
Wrongful Death
If your loved one dies because of abuse committed by a nursing home, a Paterson nursing home abuse lawyer can file a wrongful death claim. You can recover economic and non-economic damages as well as the burial and funeral costs.
Call Morelli Law Firm Today
When your loved one is hurt while residing at a nursing home, it can be devastating. Injuries can require hospitalization and can result in chronic problems. Nursing homes are required to ensure your loved one is safe. If your loved one is the victim of elder abuse committed by a nursing home, a Paterson nursing home abuse lawyer can file a personal injury claim and recover compensation from the responsible parties.
Call Morelli Law Firm today at (212) 751-9800 for a free consultation to discuss your legal options if your loved one was injured while living at a nursing home.