All too often, residents of nursing homes or assisted living facilities suffer injuries due to abuse. Whether their caregivers or third parties inflict this abuse, your loved one may have a legal claim for compensation against various parties.
A Garden City nursing home abuse lawyer at Rosenberg & Gluck, L.L.P. can determine whether you have a case and help you pursue any claims that you may have.
For a free legal consultation with a nursing home abuse lawyer serving Garden City, call 516-451-7900
How a Nursing Home Abuse Lawyer on Our Team Can Help
When you trust a nursing home to care for your loved one, who is likely in a vulnerable position, a violation of that trust may be devastating for you and your family. During this challenging time, a nursing home abuse lawyer with our firm can help gather the evidence that you need to prove your case for compensation.
You can expect them to also:
- Investigate the abuse that occurred
- Identify all potentially responsible parties
- Ensure that your loved one is safe from further abuse
- Negotiate with insurance companies to reach an acceptable settlement
- Taking your case to a trial when a fair settlement is not possible
Garden City Nursing Home Abuse Lawyer Near Me 516-451-7900
What it Costs to Hire One of Our Nursing Home Abuse Lawyers Serving Garden City
We offer all our prospective clients and their families a free consultation about their nursing home abuse cases. We will listen to your story, examine the evidence, and inform you of your rights.
We make our services available for all victims of nursing home abuse and their families because we take these cases on a contingency-fee basis. This policy means that you pay nothing up front for us to begin working on your case. In fact, you will pay nothing unless we recover compensation on your behalf.
Proving Liability in a Nursing Home Abuse Case
Holding an employee, administrator, or nursing home liable generally requires evidence of some form of negligence. In other words, you must prove that the other party or parties were abusive to your loved one, either directly or indirectly. For example, evidence might include a staff member or administrator’s failure to:
- Conduct background checks or adequately screen new employees
- Properly train employees or fully staff nursing home facilities
- Secure the nursing home to prevent abuse by third parties
- Properly respond or investigate complaints of abuse by residents or their families
- Protect your loved one from abusive residents or staff
Nursing homes, administrators, and employees all owe a duty to care for your loved one and protect them from harm. When their actions fail to live up to a reasonable standard of care, they may be liable for any resulting injuries. Your loved one may be eligible for collecting compensation from the liable parties.
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Potential Compensation in a Nursing Home Abuse Case
Our law firm can pursue compensation for your injured loved one when nursing home abuse occurs. You may be eligible to receive various forms of compensation in a nursing home abuse case, including:
- All injury-related medical expenses, both now and in the future
- Restitution for monetary losses in cases of financial abuse
- Costs of transferring your loved one to another nursing facility
- Pain, suffering, and emotional distress
- Loss of enjoyment of life
If nursing home abuse results in the death of your loved one, surviving family members may qualify to collect other forms of compensation through a wrongful death lawsuit. These damages likely will include funeral and burial expenses.
Determining who is Responsible for Nursing Home Abuse to Your Loved One
Anyone who is responsible for caring for your loved one while in a nursing home or similar facility could possibly be liable in a case of nursing home abuse. Potentially liable parties may include:
- Aides, workers, and other employees
- Nurses, doctors, and other healthcare professionals
- Nursing home administrators
- Nursing home owners and companies
- Government agencies who monitor and regulate nursing homes
Those parties who have directly abused your loved one clearly can face liability. However, nursing homes that hire employees who abuse or injure nursing home residents also are liable, as they are responsible for the acts of their employees. Likewise, healthcare professionals and those who employ them may be responsible if they fail to notice, ignore, or downplay signs of abuse.
How Long You Have to File a Nursing Home Abuse Lawsuit
Certain state-imposed deadlines apply if you choose to bring a lawsuit against a liable party.
Personal Injury Cases
Under CPLR § 214, abuse victims generally have three years from the date that they suffered injuries to file their case for nursing home abuse in court. However, there are exceptions to these rules that could shorten this filing deadline. One example is if you are filing a suit against a government entity, such as a state-run nursing home.
Wrongful Death Cases
Likewise, EPTL § 5-4.1 governs the filing of wrongful death lawsuits if nursing home abuse results in fatal injuries. In this situation, surviving family members typically have two years from the date of their loved one’s death to file their wrongful death suits in court. Again, however, there may be exceptions to these rules.
If you fail to abide by these deadlines, you risk your right to hold a liable party accountable through legal action. Do not let a negligent employee, administrator, or nursing home get away with causing your loved one’s injuries without a fight. We can help you abide by the deadline as long as you call us in time.
Call Us Today and Learn how We Can Help with Your Nursing Home Abuse Case
When your loved one suffers injuries due to abuse in a nursing home, you may be unsure what to do. Your nursing home abuse lawyer serving Garden City can walk you through the steps necessary to hold all parties accountable for the injuries to your loved one. Whether through a personal injury or wrongful death case, the lawyers and staff of Rosenberg & Gluck, L.L.P. can help get compensation.
Contact us today at (516) 451-7900 to get a free case consultation. We welcome both English and Spanish-speaking clients. Learn whether you have a valid nursing home abuse claim and how you can collect compensation following a case of nursing home abuse.