Many nursing home residents, especially those suffering from physical and cognitive impairments, are vulnerable to abuse. According to the Office of Children and Family Services, roughly 260,000 New York residents suffer from elder abuse annually.
If your loved one suffered (or is suffering) from nursing home abuse, you can seek justice and compensation for their experience. A Holtsville nursing home abuse attorney with Rosenberg & Gluck, L.L.P. can hold the responsible party financially accountable.
For a free legal consultation with a nursing home abuse lawyer serving Holtsville, call 516-451-7900
Legal Deadlines Affect Nursing Home Abuse Cases in NY
In New York, you only have a limited time to file a civil lawsuit. Your lawyer will help you meet the following legal deadlines:
- CPLR § 214 generally sets the statute of limitations for personal injury lawsuits at three years.
- EPTL § 5-4.1 typically sets the statute of limitations for wrongful death lawsuits at two years.
Other deadlines could apply to your case, depending on the details of your loved one’s abuse. In general, you cannot file a lawsuit once the statute of limitations has passed. However, your lawyer will evaluate your case to see if any exceptions apply that would extend these legal deadlines.
Holtsville Nursing Home Abuse Lawyer Near Me 516-451-7900
You Could Recover Damages for Your Loved One’s Maltreatment in Holtsville
Your attorney will determine the value of your loved one’s damages. You and your loved one may be entitled to damages for:
- Medical expenses, such as emergency room treatment, diagnostic imaging scans, surgeries, prescription medication, rehabilitative therapies, and treatment
- Pain and suffering for the traumatic experience of being abused
- Lost income, if you had to miss work to handle your loved one’s situation
- The value of missing or stolen items
- Mental health counseling, if your loved one developed depression or anxiety due to the abuse
- The cost of moving to a new facility, if your loved one no longer wants to stay at their current residence
- Wrongful death-related losses, including funeral expenses, cremation and burial fees, and end-of-life care costs
Our law firm will evaluate the scope of your losses and apply a dollar amount to each one.
We Have Won Millions for Injured Claimants in New York
At Rosenberg & Gluck, L.L.P., we handle all types of personal injury cases. Whether we are representing victims of medical malpractice, wrongful death, or nursing home abuse, we advocate for our clients to receive justice and fair financial compensation.
Here are some of our case results:
- $850,000 verdict for an 86-year-old woman who suffered leg fractures and a hip injury after being struck by a 17-year-old driver
- $370,000 recovery for a 69-year-old man who suffered from herniated disks and required surgery after being rear-ended
- Multi-million-dollar recovery for medical malpractice for a man who became paralyzed from a stroke following gastric bypass surgery
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The Benefits of Partnering with Our Nursing Home Abuse Attorneys in Holtsville
Nursing home abuse cases can be complex. While you can seek justice for your loved one on your own, it can be challenging if you are unfamiliar with the laws protecting nursing home residents. Many families prefer to work with attorneys who have experience handling these cases.
We can serve you by:
Investigating Allegations of Nursing Home Abuse
Your lawyer will look for evidence to substantiate your claims of nursing home abuse. They will take pictures of your family member’s injuries, interview staff members and other residents, gather medical records, and more.
Estimating the Value of Your Loved One’s Damages
Your lawyer will use evidence such as medical bills, interviews with your loved one, and testimony from field experts to estimate the value of your loved one’s damages––including the value of their pain and suffering.
Negotiating a Settlement
Your lawyer will attempt to negotiate a settlement with the nursing home’s legal team. We will not settle your case without your permission. You get the final say as to whether a settlement offer works for you.
Filing a Civil Lawsuit
If necessary, your lawyer will pursue damages through litigation by filing a lawsuit against the at-fault party. To advance your lawsuit, they will take depositions, present your case’s evidence, and establish the trauma of your loved one’s treatment.
What Constitutes Nursing Home Abuse?
Nursing home abuse is elder abuse that takes place in a nursing home. It can include physical abuse, sexual abuse, emotional abuse, active neglect, passive neglect, and financial exploitation.
Here is more information on the types of elder abuse in nursing homes:
- Physical abuse. This includes inflicting bodily injury, pain, or impairment through the intentional use of force, such as slapping, burning, cutting, bruising, or improperly restraining residents.
- Sexual abuse. This includes non-consensual sexual contact of any type, including rape, forced exposure, and groping.
- Emotional abuse: This is the use of threats, humiliation, or intimidation to cause mental or emotional anguish.
- Active neglect. This is the intentional failure to provide caregiving services, such as deprivation of food, water, heat, clean clothes, clean bedding, eyeglasses, dentures, or health-related services.
- Passive neglect. This is the unintentional failure to provide the caregiving services mentioned above.
- Financial exploitation. This is the improper use of the resident’s funds, property, or resources by means of forgery, embezzlement, fraud, denial of access to funds, or coerced property transfers.
Explaining the Signs of Nursing Home Abuse or Neglect
Nursing home residents cannot always speak up for themselves. Some residents lack the mental awareness to realize that they are suffering from abuse. Here are some signs of nursing home abuse that family members should look for:
- Malnutrition or dehydration
- Unexplained injuries
- Untreated bedsores
- Frequent visits to the emergency room
- Changes in personality
- Unsanitary living conditions
- Missing money or belongings
Your loved one may be hesitant to speak about their treatment due to feelings of fear or helplessness. They need you to serve as their advocate, and as such, you should always report any suspicions to the authorities.
Reach Out to Rosenberg & Gluck, L.L.P. if You Suspect Nursing Home Abuse
Rosenberg & Gluck, L.L.P. can help if you suspect your family member is a victim of nursing home abuse. Our nursing home abuse attorneys serving Holtsville can offer legal guidance to protect your loved one and help you seek compensation.
Call (631) 451-7900 today for a free case review. We work on contingency, so we collect no payment unless we win your case. We can assist you in Spanish or English, depending on your preference.