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Do I Need a Lawyer for a Nursing Home Abuse Claim?

Home » FAQ Morelli Law » Nursing Home Abuse » Do I Need a Lawyer for a Nursing Home Abuse Claim?

A young caregiver ignores an elderly man in a wheelchair

When considering if you need a lawyer for a nursing home abuse claim, it is important to think about the many services a law firm can provide, from filing the necessary paperwork to advocating for your right to damages from the liable party.

Managing a lawsuit by yourself takes up a great deal of time, money, and effort. You may not have the resources to spare, especially if you are trying to help your loved one cope with and recover from nursing home abuse.

How Hiring a Lawyer Can Help You and Your Family

Instead of taking on the sole responsibility of a nursing home abuse case, consult a law firm. Our team offers free consultations, during which you can learn about the viability of your case at no cost or obligation. You will also learn about the specific services our attorneys can provide, including:

  • Conducting an investigation: Our team will look for evidence to prove that the liable party’s actions were abusive, or they allowed the abuse to happen.
  • Providing regular case updates: In addition to updating you regularly about your case’s progress, we will let you know if the liable party has anything to say. That way, you do not have to speak to them directly.
  • Negotiating: Our team will not be intimidated or pressured into accepting a smaller settlement than you deserve.
  • Representing you in court: Unfortunately, negotiations are not effective in all cases. We will then prepare to take your case to trial when necessary.
  • Advising you throughout: Any time you have a question or concern about how your case is going, you can ask our team. We are always happy to assist you.

Beyond these services, our firm also helps clients itemize and calculate the overall value of their damages. Once we know how much compensation you may qualify to recover, we can prepare for any tactics the liable party throws at us and fight for the financial recovery your family needs.

Let Us Determine the Value of Your Nursing Home Abuse Case

Whether it is verbal, physical, sexual, or psychological, nursing home abuse can have long-term and devastating consequences for your loved one. Our team can help you explore these consequences and determine the compensation you may recover because of them. If you decide to file a lawsuit against the abusive or negligent nursing home, you may qualify for the following types of damages.

Economic Damages from Nursing Home Abuse

Economic damages refer to the money you spent or lost because of the nursing home abuse. Our team can value them based on bills, receipts, invoices, and similar documents. We can help you seek compensation for:

  • Current medical costs, if your loved one required urgent treatment for their injuries
  • Future medical costs, if your loved one will need long-term or lifelong treatment
  • Medical-related travel costs, if your loved one’s treating physician was far away
  • Funeral costs, if your loved one did not survive the abuse

Non-Economic Damages from Nursing Home Abuse

Non-economic damages refer to the psychological and/or physical distress that your loved one suffered. These require extra steps when calculating value. We can help you estimate and seek compensation for:

  • Pain and suffering, if the abuse had a noticeable impact on your loved one’s well-being
  • Loss of quality of life, if the abuse permanently diminished your loved one’s ability to care for themselves and enjoy certain activities
  • Disability, if your loved one will never regain the full range of abilities they had before the abuse
  • Loss of society or companionship, if your loved one’s passing has prematurely robbed you of their comfort and company

We Will Help You Face Any Obstacles That Arise

No matter how much your family deserves the compensation outlined above, the nursing home’s representatives will probably fight against your claim. They may do so by:

  • Denying the abuse: They could say your loved one’s injuries were the result of a preexisting condition or that the nursing home was otherwise not responsible for the injury.
  • Offering too little money: They may encourage you to drop your case by offering a token settlement that is far less than what you deserve.
  • Refusing to negotiate: After offering you the insufficient settlement, they might tell you to “take it or leave it,” forcing you to either accept the money or go to court.
  • Using aggressive tactics: They know the law better than a layperson, and they will not hesitate to use that experience and knowledge against you.

In addition to the difficulties the nursing home’s lawyers may present, you are also in a race against the clock. To file a personal injury lawsuit, you must start your case within three years of the alleged abuse, per New York Civil Practice Laws & Rules (CVP) §214. The time limit is even shorter for wrongful death lawsuits—just two years, per New York Estates, Powers & Trusts (EPT) §5.41.

Our Law Firm Is Ready to Fight for You

Morelli Law Firm understands that nursing home abuse cases are mentally and emotionally draining for all involved. When determining if you need a New York nursing home abuse attorney, consider reaching out for our no-cost, no-obligation case assessment.

Allow us to outline what our firm can do to ease your legal and financial burden. We are ready and willing to fight for you every step of the way. Call today to learn more: (212) 751-9800.

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