Brooklyn Nursing Home Abuse Lawyer
Residents of nursing homes and other care facilities in Brooklyn deserve dignity and respect. Unfortunately, many elderly residents become victims of abuse and neglect at these facilities. Whether the abuse is emotional, physical, or financial, it may cause behavioral and physical changes and long-term consequences for victims.
If your loved one was harmed by a staff member or by unsafe facility policies and practices, it’s important to seek legal help as soon as possible. A Brooklyn nursing home abuse lawyer can evaluate your situation, explain your legal options, and advocate for your family.
Legal Options for Victims of Nursing Home Abuse in Brooklyn
In Brooklyn, victims of nursing home abuse and their families have legal options for pursuing justice and compensation. An experienced nursing home abuse lawyer can help care facility residents and their family members seek compensation for the injuries and trauma caused by abuse and neglect.
Filing a Nursing Home Abuse Lawsuit
If your loved one experiences abuse or neglect in a nursing home in Brooklyn, you may have the right to file a nursing home abuse lawsuit to recover compensation for their injuries, losses, and suffering. You may be able to file a claim against the nursing home, its owners/operators, management companies, and responsible staff members.
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, courts sometimes award punitive damages to punish the defendant for intentional wrongdoing or gross negligence.
Pursuing a Wrongful Death Claim
If nursing home abuse or neglect led to the wrongful death of your loved one in a care facility, you may be able to pursue additional damages like funeral and burial expenses and loss of companionship. It’s important to note that wrongful death claims have different filing deadlines than other nursing home abuse claims.
How To Choose the Right Brooklyn Nursing Home Abuse Lawyer
Working with an attorney who has experience in local nursing home abuse cases in Brooklyn can increase your case’s chances of success. A local lawyer who is familiar with the New York legal system can bring valuable experience to your case, as they understand local laws regarding elder abuse and are familiar with many of Brooklyn’s nursing homes and their standards of care.
Compassionate Representation and Client Support
In elder abuse cases, it’s important to select an attorney with compassion, so they treat your case and your family with the care and advocacy you deserve throughout the legal process. Your lawyer should treat clients and their families with empathy, listen to their concerns, and fight for the rights of vulnerable elderly individuals.
As one of the largest personal injury firms in New York, The Sanders Law Firm works tirelessly to advocate for the rights of the elderly and their families. Our attorneys will fight to obtain maximum compensation for your family, putting 50 years of experience, knowledge, and success to work for you.
New York Nursing Home Laws: What You Need to Know
New York has a number of laws and regulations designed to protect residents of nursing homes and other care facilities. Still, according to the New York State Office for the Aging, elder abuse impacts as many as 300,000 older New Yorkers each year.
New York Public Health Law §2803-d
The Patient Abuse Reporting Law, also known as New York Public Health Law Section 2803-d, was enacted in 1977 to protect people living in nursing homes from abuse, mistreatment, and neglect. This law requires every nursing home employee and licensed professionals in care facilities to report instances of alleged abuse, mistreatment, or neglect to the Department of Health. Additionally, the law requires the Department of Health to investigate these allegations.
New York Public Health Law §2828
New York Public Health Law §2828 took effect in 2022, mandating that residential health care facilities like nursing homes spend at least 70% of total revenue on direct resident care. This includes a minimum of 40% on resident-facing staffing and limits profits to 5% of operating and non-operating expenses.
Statute of Limitations for Nursing Home Abuse in Brooklyn
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. However, if the nursing home abuse resulted in the wrongful death of your loved one, you only have two years from their death to file a lawsuit.
What if I Miss the Deadline?
In some cases, missing the statute of limitations deadline to file your nursing home abuse lawsuit will result in the loss of your right to take legal action. However, there are exceptions to these statutes of limitations, so even if you believe you’ve run out of time, you may still have options. Reach out to our legal partners to learn more about your rights and options after experiencing nursing home abuse.
Common Defenses Used by Nursing Homes in Abuse Cases
Nursing homes are often not quick to admit fault when accused of abuse or neglect, and their insurance companies will work hard to deny or limit a payout. Legal representation is crucial to overcome these defenses and navigate the complex legal procedures involved in nursing home abuse cases.
Denial of Abuse or Neglect
One common tactic nursing homes and their insurers may use to attempt to avoid awarding compensation to a victim and their family is denying that the abuse occurred. An experienced lawyer can provide additional evidence, testimony, and witnesses to further support your case.
Lack of Evidence or Documentation
Nursing homes may also try to argue that the victim’s injuries were not caused by abuse. There is certain evidence a lawyer can acquire to counter this, sometimes including surveillance footage, witness testimony, medical records, and more.
Comparative Negligence
In some cases, nursing homes may claim that the resident’s own actions contributed to the harm. A Brooklyn nursing home abuse lawyer can challenge these arguments and protect your loved one’s rights under state and federal law.
Speak to a Nursing Home Abuse Lawyer in Brooklyn
If your loved one experienced abuse or neglect in a Brooklyn nursing home, working with an experienced Brooklyn nursing home abuse attorney is a crucial step in seeking justice for your loved one after they endured nursing home abuse or neglect. Contact us here to schedule a free case evaluation to discuss your family’s case and legal options.
