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  • Writer's pictureLeitner Varughese Warywoda

5 FAQs About Filing a Nursing Home Abuse Claim


elderly woman in nursing home

If your loved one has been the victim of nursing home abuse, your family may be entitled to compensation. While filing a claim is a complex and emotional process, it's an important step toward holding the responsible parties accountable for their actions.


Chances are you’ve never filed such a claim, though, and you’re not entirely sure where to begin. For help getting started, here are the answers to some of the most frequently asked questions on the subject:


1. What Kinds of Damages Can You Seek by Filing a Nursing Home Abuse Claim?


Damages that may be recovered in a nursing home abuse claim include medical expenses, pain and suffering, emotional distress, and the cost of replacement services. In some cases, punitive damages may also be awarded to punish the liable parties for their wrongdoings.


2. What Evidence Will I Need to Support My Nursing Home Abuse Claim?


For your claim to have even a chance of yielding a payout, you’re going to have to present compelling evidence of both liability and damages. Evidence of liability might include medical records, nursing logs, surveillance footage, photos of visible wounds, and eyewitness testimony. Evidence of damages, on the other hand, may be comprised of medical bills, psychological evaluations, and invoices related to the victim’s relocation or home care.


3. How Do I Report Nursing Home Abuse in New York?


If you suspect your elderly loved one is being abused by nursing home staff, you can report the abuse to the New York State Department of Health or to the local Adult Protective Services agency. First, however, it’s wise to consult an attorney.


After evaluating the situation, a lawyer will help you determine how best to proceed. In many cases, it’s wise to conduct your own investigation before enlisting help from other agencies. Since the facility will inevitably be notified of any formal reports, logging the abuse with a third party before completing your own investigation will give them the chance to alter or destroy any potentially incriminating evidence.


4. What Should I Look for in a Nursing Home Abuse Attorney?


When considering lawyers, look for someone who has experience handling these types of cases and who has a track record of success. You should also look for an attorney who is compassionate, responsive, and dedicated to protecting the rights of their clients. For example, are they willing to go all the way to trial if settling proves impossible?


5. How Long Do I Have to File a Suit Against a Nursing Home?


In New York, the standard statute of limitations for personal injury actions founded on negligence is three years. That means most families have three years to sue the facility that mistreated their loved one. Since there are a few exceptions to this deadline that can shorten it considerably, however, it’s wise to get your claim underway as soon as possible.


Discuss Your Claim with a Nursing Home Abuse Attorney in New York


If you suspect your loved one has been the victim of nursing home abuse, don't hesitate to take action. To determine how best to proceed, turn to the compassionate team at Leitner Varughese.


We counsel clients in New York City, Long Island, and throughout the rest of the state. Call 855-585-2969 or submit our Contact Form to schedule a free initial consultation with a nursing home abuse lawyer in New York.

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