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  • Writer's pictureLeitner Varughese Warywoda

Questions to Ask a Nursing Home Negligence Lawyer

Preparing to meet with a New York nursing home negligence attorney about a potential nursing home abuse or neglect case can be stressful. Given the complexity of these cases, it is critical to hire a lawyer, but choosing the right attorney is not always easy. Whether or not you have filed a lawsuit in the past, it can be difficult to know what kinds of questions you should ask, and how you should determine whether a particular lawyer seems like the best choice to handle your case. It is important to have an experienced attorney on your side with whom you feel comfortable and whom you trust to handle your nursing home abuse lawsuit.

The following are some questions to ask when you meet with a nursing home negligence lawyer. These questions can help you to learn more about the lawyer’s experience, and his or her approach to handling cases like yours.

What Types of Nursing Home Abuse Claims Have You Handled?

Attorneys who routinely handle nursing home negligence cases in New York will be able to provide you with detailed information about the types of cases in which they have represented plaintiffs, and the number of years they have been handling these types of claims. In addition to learning more about a specific attorney’s overall experience in nursing home abuse and neglect claims, it is also important to find out whether the lawyer has experience handling cases that are similar to yours. There are many different forms of elder abuse, from physical and emotional abuse to financial abuse. You will want to ensure that the lawyer is familiar with the fact pattern in your case and the relevant laws.

Who can I Sue for Nursing Home Negligence?

Depending upon the specific facts of your case, it may be difficult to determine who is at fault without speaking to a nursing home abuse attorney. In many cases, it may be possible to file a claim against more than one party. For example, a staff member at a nursing home who engages in acts of abuse may be liable (and you may be able to sue that staff member), but the nursing home itself and its owners may be liable for hiring the worker without conducting an appropriate background check or for failing to adequately supervise that worker. In the case of government-run nursing homes, it may be possible to file a lawsuit against the city, county, or state.

By assessing the particular facts of your case, an experienced lawyer should be able to provide you with information about who you may be able to sue for nursing home abuse injuries and options for holding those parties accountable.

What Kinds of Damages can I Seek in a Nursing Home Abuse Claim?

You will want to find out about possible damages in a nursing home abuse claim, and what kinds of damages you may be able to seek by filing a lawsuit. You could be eligible to seek compensatory damages, and in some cases, punitive damages may be possible.

How Much Time Do I Have to File a Nursing Home Abuse Lawsuit?

It is critical to discuss the timeline for your claim with a lawyer, including the amount of time you have to file a lawsuit. For most nursing home abuse cases filed within the scope of personal injury law, the lawsuit must be filed within three years from the date of the act that gave rise to the lawsuit, according to New York law.

Contact a New York Nursing Home Abuse and Negligence Attorney

If you have questions, a New York nursing home negligence attorney can discuss your case with you. Contact Leitner Varughese Warywoda PLLC today.


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