There are several steps you must take to file a nursing home abuse lawsuit. For starters, you will need to gather sufficient evidence to back up your claims and ensure that you initiate the process within New York State’s statute of limitations. In addition, you will need to evaluate the true value of your claim with evidence, such as medical records and expert testimony.
Filing a nursing home abuse lawsuit requires a thorough understanding of the laws that protect residents of these facilities and how they can be applied to your case. As such, you may find it beneficial to work with one of our injury lawyers as you navigate the process.
Steps to Take When Filing a Nursing Home Abuse Lawsuit
After you have reported the abuse to the authorities and tended to your loved one’s safety, you may wonder what else you can do to address the harm your family experienced. If nursing home staff members have neglected your loved one or exposed them to physical or psychological abuse, the following steps will help you file a nursing home lawsuit.
A lawsuit can allow you to hold the nursing care facility or their workers accountable for their intentional or negligent behavior. It can also help you recover compensation for your loved one’s medical treatment, pain and suffering, and other damages.
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Collect Evidence of the Abuse
You must collect evidence to support your case. This may involve:
- Writing down important dates, such as when you noticed your loved one’s changes in behavior or saw visible signs of abuse
- Taking photographs of any physical injuries or the conditions at the nursing home
- Talking with other residents, staff members, or visitors to the nursing home about whether they witnessed any inappropriate behavior
- Gather any emails or notes that you exchanged with the staff members at the facility that could be useful to your case
- Obtaining a thorough medical evaluation of your loved one
The evidence that you collect will play a large role in whether your case has a successful outcome or not. Even if you are unable to gather any of the information above, an experienced lawyer may be able to help. When you hire our law firm, we can compile the necessary records and information for you in order to build a strong case.
Assess the Damages
Once you have evidence to back up your claims, a careful and thorough evaluation of what is fair and reasonable compensation for the injuries sustained must be made. That compensation is referred to as “damages.” Damages should address how the abuse has affected your loved one physically and psychologically, which means the types and amount can vary from case to case. Some of the damages you may be entitled to recover include, but are not limited to:
- Pain and suffering for all physical and emotional injuries
- Medical expenses
- Mental anguish
- The costs to move your loved one to a new facility, if necessary
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File Your Lawsuit
If the evidence shows that nursing home personnel were negligent or intentional in allowing abuse to take place, New York law permits you to bring a lawsuit demanding fair and reasonable compensation for each and every type of damage that your loved one actually suffered. It is important however that your claim is brought before the statute of limitations expires. Depending upon the type of abuse that took place and other unique facts and circumstances, the statute of limitations may be different.
For example, CVP §214 outlines a three-year timeframe for personal injury, while EPT §5-4.1 has a two-year timeframe for wrongful death. A separate deadline applies to cases involving medical malpractice. Failure to bring your claim by the applicable deadline could result in the dismissal of your claim without any compensation.
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Contact a Lawyer
Building a case against a nursing home facility or staff member can be complex, time-consuming, and emotionally taxing. Rather than handling each step in the process on your own, you can hire a lawyer from our team to represent you and take on the necessary tasks for you.
We can begin by reviewing your case and explaining what your legal rights are. Depending on the incident that occurred and how it impacted your relative, we may be able to recover a number of damages from the responsible party on your family’s behalf.
Some of the types of evidence we may gather in a typical abuse claim can include:
- Incident or police reports
- Witness statements
- Surveillance videos
- Medical or hospital records
- Site visits
- Expert reports
- Sworn statements from nursing home personnel
- Medical or hospital bills
The Attorneys at Dansker & Aspromonte Associates Will Help You Fight for a Fair Outcome
Our NY nursing home abuse lawyers have been fighting for the rights of nursing home residents since 1988. If your loved one suffered abuse while in a nursing home or rehabilitation facility, contact our firm to discuss your legal options. Our dedicated legal team has one goal in mind: recover maximum compensation for every type of damage your loved one suffered.