If your loved one was a victim of nursing home abuse in New York, our experienced team at Levine & Slavit, PLLC is here to fight for you. An experienced New York nursing home abuse lawyer can help you recover compensation for medical bills, relocation costs, pain, trauma, and more.
Our lawyers have over 115 years of combined experience handling complex personal injury claims in New York. We’ve successfully recovered tens of millions of dollars on behalf of injury victims and their families.
Nursing home abuse is never acceptable, regardless of the form. To learn more about your legal options, call our law firm in New York at (212) 687 2777 to schedule a free consultation today.
How Can Levine & Slavit, PLLC Help Your Family Fight to Recover Compensation Based on Nursing Home Abuse in New York?
Deciding to place a family member in an assisted living facility is difficult enough. Learning that the trusted caregiver has abused them can feel unbearable. As the victim, know that you have legal options.
Whether or not criminal charges are pending, our New York personal injury lawyers at Levine & Slavit, PLLC can help you pursue compensation. Clients like you have trusted our law firm for over six decades. We’ve been recognized by the Nassau County Bar Association with the Director’s Award for outstanding service.
When you hire us, we’ll help you pursue the maximum compensation available by:
- Conducting a full investigation into the circumstances
- Helping you locate a safe nursing home for your loved one
- Assessing the damages you have suffered
- Gathering evidence to prove your case
- Working with experts when necessary to establish complex case elements
- Rejecting lowball settlement offers
- Negotiating with the nursing home’s insurance company for a full settlement
- Fighting for your rights in court if necessary
Nursing home abuse cases can be difficult to prove. You have enough to handle, so count on our New York personal injury attorneys to help you get justice and the maximum compensation you deserve.
Shocking Statistics on Nursing Home Abuse
According to a World Health Organization (WHO) report, two-thirds of staff members in long-term care facilities admitted to committing some type of abuse. Roughly one in every six older Americans will experience some type of abuse in community settings.
How Much Money is My New York Nursing Home Abuse Case Worth?
All personal injury cases are different. Your case value will hinge on the severity of the abuse and its impact on your family.
Factors that will determine how much your case is worth include:
- The nature of any physical injuries your loved one has suffered
- The emotional impact of the abuse
- The cost of your medical treatment, rehabilitation, and therapy
- Damage to the victim’s quality of life
- The nature of the at-fault party’s actions
Our New York nursing home abuse attorneys will work closely with your family and experts in various fields as we assess your case value.
What Types of Damages are Available to Victims of Nursing Home Abuse in New York?
Nursing home abuse is a crime in New York. As a civil matter, however, you can also separately pursue compensation in civil court. Like any personal injury case, your case value will depend on the unique harm that your family has suffered.
You can seek compensation for economic damages and non-economic damages.
Some common examples of damages in nursing home abuse cases include:
- Past and future medical expenses
- Expenses associated with moving to a new facility
- Physical therapy
- Mental health treatment
- Pain and suffering
- Emotional distress
- Anxiety
- Depression
- PTSD
- Fear
- Humiliation
- Reduced quality of life
- Physical disfigurement and scarring
Courts can also award damages as punishment for intentional abuse and neglect.
Who is Responsible for Paying My Damages in New York?
The staff member who committed the abuse can be held personally responsible for your damages. However, most likely, the nursing home itself will also be liable. They are responsible for the actions of their employees because they have an obligation to provide proper supervision, training, and oversight.
The nursing home will likely be liable based on negligence, meaning:
- Your loved one was a resident, so the nursing home had a legal duty to provide a reasonably safe environment
- They breached that duty by failing to take precautions to prevent abuse and neglect
- That breach of duty caused your loved one to suffer some type of harm
- The harm was due to the abuse and neglect
When you hire our team, we’ll conduct a full investigation and locate the evidence you need to prove your case.
How Much Does it Cost to Hire a Personal Injury Lawyer?
Our team at Levine & Slavit, PLLC works on a contingency fee basis. Rather than charge an upfront fee or hourly rate, we’ll take a flat percentage of the settlement or verdict that we recover in your case. Typically, the percentage will be around 33%, depending on the facts.
We Handle All Types of Nursing Home Abuse Claims in New York
Nursing home abuse can take many forms. Our lawyers in New York handle all types of nursing home abuse cases. That includes cases involving active and intentional abuse, and cases involving passive neglect of patients. Any type of abuse or neglect can cause significant harm.
Examples of the types of nursing home abuse cases we handle include:
- Physical Abuse: Nursing home residents are often frightened to report acts of physical abuse, including hitting, kicking, slapping, and improper use of restraints. Residents who suffer from memory issues may not even be aware that they haven’t reported the abuse. Physical abuse can cause severe injuries for vulnerable residents.
- Passive Neglect: Failing to assist nursing home residents with their basic needs can lead to significant harm. Nursing home residents often enter long-term care facilities because they’re unable to care for themselves. Failing to provide residents with food, water, medications, and other necessary assistance can severely harm those residents.
- Sexual Abuse: Nursing home residents are often unable to object to, or report, unwanted sexual contact. Sexual abuse can include rape, sodomy, and other physical abuse. It can also involve taking nude photos or forcing a resident to watch sexual activities.
- Emotional Abuse: Emotional abuse can be just as damaging as physical abuse. Belittling comments, humiliation, harassment, threats, and even forced isolation can all constitute emotional abuse.
- Financial Exploitation: Nursing home residents are also vulnerable to financial abuse. Theft of property, identity theft, forgery, or even forcing a resident to change their will or beneficiary designations can all constitute serious financial abuse.
You can report nursing home abuse in New York by filling out an online complaint form or calling the Nursing Home Complaint hotline. Once your loved one is safe, contact our law offices in New York to learn about how we can help you pursue justice.
Nursing Home Abuse Can Leave Victims Struggling With Serious Injuries and Hardship
Victims of nursing home abuse often suffer lasting consequences.
While all victims are different, some examples of the harm caused by nursing home abuse include:
- Broken bones, brain injuries, and other physical injuries
- Worsened underlying medical conditions
- New medical conditions caused by malnutrition or dehydration
- Reduced life expectancy
- Mental trauma
- Personality changes
- Bed sores and pressure ulcers
- Blood clots
- Adverse drug interactions
- Financial instability
- Wrongful death of a loved one
It’s important to pay close attention to any signs of nursing home abuse. Any unexplained injuries or significant changes in behavior can indicate signs of abuse. Remember, many residents are afraid or unable to report the abuse, so it’s important to stay vigilant to keep your loved ones safe.
What Causes Most Cases of Nursing Home Abuse?
It’s tough to understand why anyone would want to abuse a vulnerable nursing home resident. Still, it’s important to understand why the abuse occurred, regardless of the perpetrator’s underlying motives.
Nursing home abuse typically happens because of:
- Negligent hiring practices and failure to conduct background checks
- Inadequate supervision
- Understaffed nursing homes
- Poor management
- Failure to implement protocols that could prevent abuse
- Medical negligence
- Unsanitary conditions
Profit-driven nursing homes and corporations often cut corners. That might help them maximize their profits, but it can create serious risks for residents.
How Long Do I Have to File a Personal Injury Lawsuit Based on Nursing Home Abuse in New York?
Under the New York state statute of limitations, you typically have three years from the date of an injury to file a personal injury lawsuit. However, there could be exceptions. If you miss the deadline, it’s possible that the court will dismiss your case. We recommend contacting an experienced attorney immediately if you even suspect you have a valid claim for compensation.
Contact a Trusted New York Nursing Home Abuse Lawyer for a Free Consultation
Learning that your loved one has been a victim of abuse can be traumatizing. Victims often suffer significant trauma. If your family is struggling in the aftermath of nursing home abuse, contact Levine & Slavit, PLLC today. During a free consultation, an experienced New York nursing home abuse lawyer can help you understand your right to compensation.