New Jersey Nursing Home Abuse Lawyer

Moving a loved one into a New Jersey nursing home is an act of trust, but sometimes nursing homes or their workers violate that trust. When that happens, you deserve compensation.

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Why Hire a New Jersey Nursing Home Abuse Lawyer

When you suspect or are aware that nursing home abuse is happening, timely legal action is essential. Holding responsible parties accountable depends on quickly gathering evidence that proves the abuse, and such evidence can disappear quickly.

An experienced NJ nursing home neglect and abuse attorney can take immediate action. Our skilled lawyers have strong local connections and an in-depth knowledge of state nursing homes and court systems, making us your trusted advocates.

The first step is a consultation, where you’ll tell us about your situation and concerns. An attorney will explain the possible next steps and help you decide how to proceed.

How NursingHomesAbuse.org Can Help

Nursing homes and their insurers work hard to protect themselves from liability. Our attorneys have the experience, skill, and commitment to stand up against these companies and fight for the rights of your loved ones.

Our lawyers draw on decades of experience and an in-depth knowledge of nursing home case law. As multi-year SuperLawyers and members of the American Association for Justice, we are committed to fighting for families and have earned dozens of five-star ratings on Google.

We have offices across New Jersey and are accessible to families throughout the state. We can work with you while you stay accessible to your loved ones. Contact our elder abuse lawyers in New Jersey to learn more.

Filing a Nursing Home Abuse Lawsuit in New Jersey

If the abuse victim is alive and of sound mind, they are the only party allowed to file a nursing home lawsuit. If they have passed away or are legally incompetent, a designated representative can file on their behalf. An experienced New Jersey elder abuse lawyer can advise you on this process and whether you qualify.

Compensation in Nursing Home Abuse Cases

Depending on the circumstances, nursing home abuse damages may include pain and suffering, medical expenses, and costs of relocation to a different facility.

If the abuse or neglect was malicious or involved extreme neglect, punitive damages may be part of the award. Unlike compensatory damages, which are based on the value of your losses, punitive damages aim to punish the defendant for their behavior.

In a case of a nursing home wrongful death, New Jersey families may also be able to recover end-of-life costs, including funeral and burial expenses.

How the Lawsuit Process Works

To prove nursing home negligence claims in New Jersey, you must demonstrate that the facility breached its duty to the affected resident. That means submitting evidence of the abuse.

Medical records, photos of injuries, and witness statements can be powerful proof of what happened. Documentation may be hard to come by, but a nursing home abuse lawyer can help.

Once your attorney has compiled all available evidence, they will value your case and send a demand for compensation.

The next phase of the process is negotiation, which an attorney can handle on your behalf.

Your attorney will work with the nursing home and their insurers to reach a fair settlement. If they are unwilling to offer what you deserve, your lawyer can represent you or your loved one in a court proceeding.

Civil vs. Criminal Proceedings

A nursing home abuse or neglect lawsuit is a civil case, meaning one party files a dispute against another. Criminal matters are different and will require the government to charge the defendant with a violation.

Some abuse or neglect scenarios in nursing homes qualify for criminal action. The first step is typically to contact the local police department and request an investigation, the results of which may also support your civil lawsuit.

Legal Protections for Nursing Home Residents in NJ

New Jersey state law guarantees the right of nursing home residents to live free from abuse and neglect. This explicitly includes:

Living in safe and clean conditions
Receiving treatment with courtesy, consideration, and respect
Enjoying bodily privacy to the safest extent
Maintaining control of their finances or designating a family member to manage them

The Nursing Home Residents Bill of Rights protects these rights on the federal level. It originated under the Nursing Home Reform Act of 1987, a part of the Omnibus Budget Reconciliation Act.

The government encourages nursing home residents to report scenarios of abuse and neglect, and the Adult Protective Services Act has increased funding for their investigation. Nevertheless, abuse still occurs, and lawsuits remain essential resources for self-advocacy.

New Jersey residents have the right to bring a lawsuit against the abuser under personal injury law. The statute of limitations for these cases is two years, starting from the date of the injury or its discovery.

Recognizing Nursing Home Abuse and Neglect in New York

The word “abuse” often brings to mind physical violence or sexual misconduct, but elder abuse can also take less visible forms, including emotional, financial, and medical neglect. Our New York attorneys handle a variety of case types, including:

In 2024 alone, the state received 3,187 complaints of nursing home abuse, gross neglect, and exploitation, according to New Jersey’s Long-Term Care Ombudsman. Physical abuse was the most common complaint in nursing facilities, with 1,922 reports. Psychological abuse ranked second with 663 complaints, while financial and sexual abuse had approximately 250 complaints each.

Signs of Abuse and Neglect To Watch For

Victims of nursing home abuse don’t always disclose their experiences. Some are unable to do so, while others have emotional and social reasons for keeping quiet.

If you have a loved one in a nursing home, it’s essential to watch for common signs of abuse and neglect, including:

Bedsores
Malnutrition
Fearfulness
Unexplained injuries
Signs of medication overuse or underuse
Self-isolation
Withdrawal from others
Personality changes
Depression or anxiety

If you notice any signs of abuse, document them and report the issue to the appropriate authorities.

Documenting and Reporting Nursing Home Abuse in New Jersey

It’s crucial to report nursing home abuse as soon as you’re aware of or suspect it. The first step is to let the facility know and provide as much information as possible.

If the facility fails to act or you want to escalate the issue, you can report the abuse at the local or state level.

Call the Eldercare Locator hotline at 1-800-677-1116 for reporting resources.
Contact the New Jersey Long-Term Care Ombudsman.
Reach out to your county’s Adult Protective Services office.
Contact local law enforcement for serious injuries or threats.

Any authority you speak to will likely want to hear more about the potential abuse. Gather evidence to the best of your ability, focusing on documentation such as witness statements and photos of injuries. A lawyer can often obtain additional evidence and expert opinions.

Schedule a Free Consultation Today

Legal action is an important way for loved ones to hold nursing homes accountable for abuse. If you are considering filing a New Jersey elder neglect or abuse lawsuit, our skilled attorneys are here to help.

We offer free, confidential consultations and provide services on a contingency basis, meaning there is no fee unless we win. Get legal help today and protect the people you love.

Medically Reviewed by:

Dr. Patricia Shelton, MD

Education:

University of Washington, Doctor of Medicine – MD. June 2008
University of Washington, Bachelor of Science – BS, Jun 2003

Background:

Neuroscience and Medicine

Career:

Dr. Shelton primarily writes content for health-related websites, but has also written test prep materials, white papers, published research articles, court documents, and more.
Dr. Shelton teaches anatomy and physiology at the college level for the National Institutes of Health.

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