Bronx Nursing Home Abuse Lawyer

Nursing home abuse occurs when an assisted living or nursing facility does not fulfill its obligations to adequately care for its residents. This can take many forms in Bronx nursing homes, including neglect, financial abuse, emotional abuse, physical abuse, and verbal abuse.

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If you suspect that your loved one has been abused or neglected at a nursing home or assisted living facility in the Bronx, it’s a good idea to speak with a lawyer as soon as possible. An experienced Bronx nursing home abuse lawyer can listen to your story, review evidence, explain your legal rights and options, and potentially help you file a lawsuit.

Consult a Nursing Home Abuse Attorney in the Bronx

When your loved one experiences nursing home abuse or neglect, you may have the right to file a claim for compensation. However, getting the justice you deserve is often more challenging than it should be. Nursing homes are not quick to admit fault, and their insurance companies will work hard to deny or limit a payout. A nursing home abuse lawyer can help care facility residents and their family members seek compensation for the injuries and trauma caused by physical and verbal abuse, neglect, and more.

Why Choose a Bronx Nursing Home Abuse Lawyer?

Working with an attorney who has experience with nursing home abuse cases in the Bronx can give your case a higher chance of success. A local lawyer can bring valuable experience to your case, as they are familiar with the local court system, local laws regarding elder abuse, and many of the Bronx’s nursing homes and their standards of care. Reach out today for a non-obligatory free case evaluation with a New York nursing home abuse attorney.

Experience in New York Nursing Home Laws

In the Bronx, it’s critical for attorneys to understand New York-specific laws, regulations, and residents’ rights in nursing homes. As one of the largest personal injury firms in New York, The Sanders Law Firm puts 50 years of experience, knowledge, and success winning multi-million-dollar verdicts and settlements to work for you. We have helped countless victims and their families in the Bronx, and we’re prepared to help you, too.

Access to Resources and Expert Testimony

When you hire a nursing home abuse lawyer, you don’t just get a legal advocate to fight for you. You also get access to a network of nursing home abuse experts and specialists, as well as medical professionals and investigators, that your attorney can use to strengthen your case. Expert testimony can make or break a lawsuit, so it pays to have the insight of skilled professionals to back your claim.

Legal Actions and Remedies Available for Bronx Nursing Home Abuse Victims

There are several actions families can take to hold negligent nursing homes accountable, from reporting the abuse to state and local authorities to filing a lawsuit for compensation for the abuse or neglect their loved one experienced. You may be able to sue a nursing home or care facility if your loved one was harmed by an employee or the facility’s policies and practices, whether the abuse was accidental or intentional.

Filing a Nursing Home Abuse Lawsuit in the Bronx

To receive compensation for nursing home abuse, you must file a claim for damages. This involves drafting a lawsuit within the appropriate timeframe and serving copies of the complaint to the nursing home and other liable parties, such as individual staff members. Then, you’ll work with your legal team to gather evidence, negotiate with insurers, and potentially take the case to trial.

In New York, there are several statutes of limitations for nursing home abuse cases, depending on the type of abuse and the severity of the harm caused. In most negligence cases, lawsuits must be filed within three years of the abuse to be valid. In cases of medical malpractice, the deadline is two and a half years. If the nursing home abuse resulted in the wrongful death of your loved one, you have two years from their death to file a lawsuit.

Seeking Compensation for Abuse Victims

Victims of nursing home abuse and their families may be able to recover several types of compensation in a nursing home abuse lawsuit, including economic damages, non-economic damages, and potentially punitive damages.

Economic damages: These include quantifiable financial losses, such as past and future medical expenses, lost wages, rehabilitation, restitution, and the cost of moving your loved one to a safe nursing home.
Non-economic damages: These include non-quantifiable losses, such as pain, suffering, emotional distress, loss of quality of life, and reduced life expectancy.
Punitive damages: Though rare, punitive damages are sometimes awarded by a court to punish the defendant for intentional wrongdoing or gross negligence.

Who Is Responsible for Paying My Damages?

In a nursing home abuse lawsuit, anyone who committed the abuse or allowed it to occur may be held financially responsible. This may include the hospital, nursing home, or assisted living facility where your loved one was abused or neglected, as well as individual staff members if their negligence directly contributed to the abuse.

How to Start Your Nursing Home Abuse Case in the Bronx

For families in the Bronx who suspect nursing home abuse, legal action starts with a free consultation with an experienced attorney. Then, you and your legal team will investigate the abusive or neglectful conduct, gather evidence, consult expert witnesses, negotiate a potential settlement, and potentially take the case to trial.

Report Abuse to Authorities

Aside from filing a lawsuit, families of abused nursing home residents can also report the abuse to the New York State Department of Health (DOH) or Adult Protective Services (APS). It’s important to involve authorities early, both to create evidence for your claim and to protect others from future harm.

To report abuse in the Bronx to Adult Protective Services, you can call 1-844-697-3505 between 8:30 a.m. and 8 p.m. or contact the local county social services department’s Adult Protective Services bureau. To file a complaint with the New York State Department of Health, you can call the Nursing Home Complaint Hotline at 1-888-201-4563 or fill out an online complaint form.

Collect Evidence and Documentation

As soon as possible after discovering potential nursing home abuse or neglect, family members should gather medical records, photos of injuries, and witness statements. During a legal investigation, your attorney will also work to obtain the resident’s nursing home and medical records, photographs of the facility and the resident’s wounds, copies of the facility’s licenses and inspections, prior ombudsman complaints or reports, and physical evidence from the scene.

Contact a Bronx Nursing Home Abuse Lawyer

If your loved one experienced abuse or neglect in a Bronx nursing home, it’s crucial to consult with a lawyer early to get legal advice and begin building your case.

Common Defenses Nursing Homes May Use in Abuse Cases

There are several common defenses nursing homes may use when faced with abuse or neglect allegations. Most of these facilities have their own attorneys and insurance companies waiting to deny your claim and attempt to prevent you from receiving compensation. They may attempt to deny any abuse or neglect, assert that there is insufficient evidence, or place the blame on your loved one.

Denial of Abuse or Neglect

Nursing homes may deny abuse and neglect allegations and argue that the injuries were due to other factors, like pre-existing medical conditions.

Insufficient Evidence

Nursing homes may claim there is a lack of evidence to support the abuse allegations. An experienced Bronx nursing home abuse lawyer can combat this with supporting evidence, such as expert testimony.

Comparative Negligence

In some cases, nursing homes may argue the resident’s condition or actions contributed to the injury. In New York, fault can reduce damages rather than automatically barring recovery.

Protect Your Loved Ones with a Bronx Nursing Home Abuse Lawyer

Hiring a Bronx nursing home abuse lawyer is a key step to achieving justice for your loved one after enduring nursing home abuse or neglect. Contact us here to schedule a free consultation to discuss your family’s case and legal options.

Nearby Areas We Serve

In addition to serving the Bronx, we also help nursing home abuse victims in the following areas:

If you are in any of these nearby areas, our legal team is ready to assist you.

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