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  • Leitner Varughese Warywoda

Steps to File a Nursing Home Negligence Lawsuit in New York

The prospect of filing a nursing home negligence lawsuit in New York may be daunting, but it can be a critical process for seeking financial compensation and for holding the facility accountable for the harm it has caused. There are a number of important steps you should take when it comes to filing a nursing home abuse or neglect claim, and our New York nursing home negligence attorneys can assist you at every step of the process.

Gather Information and Details Concerning Nursing Home Negligence

It is important to gather as much information as you can about a potential nursing home negligence claim before you meet with an attorney or file a lawsuit. While your lawyer will be able to conduct a more thorough investigation later on—which we will discuss below—you will want to preserve any initial evidence in a case involving your elderly loved one, and you will also want to be able to have information that can allow your attorney to give you a clearer sense of the contours of your case.

Have Your Case Reviewed by an Experienced Nursing Home Negligence Attorney

You should seek advice from a nursing home negligence lawyer in New York as soon as you can. It will be essential to have an attorney evaluate your case and provide you with information about what you should expect moving forward.

Determine Whom to Name as a Defendant in the Lawsuit

With assistance from your attorney, it will be necessary to identify the defendant or defendants you will name in a nursing home negligence lawsuit. Depending upon the circumstances of the case, it may be possible to file a claim against the negligent facility as well as other parties such as individual staff members who perpetrated abuse or a specific health care provider at the facility.

Plan for an Investigation With Assistance From Your Lawyer

Your nursing home neglect lawyer will be able to conduct a detailed and broad investigation prior to filing your claim (as well as during the discovery phase of your case once you have filed your lawsuit). The evidence gathered through an investigation will be used to prove that the nursing home and any other named parties are responsible for the injuries your elderly parent or other loved one experienced at a specific facility.

Ensure That Your Lawsuit is Filed Before the Clock Runs Out on the Statute of Limitations

Under New York law, most types of nursing home negligence claims will need to be filed within three years from the date of the act or omission that gave rise to the lawsuit. When you are working with an experienced nursing home abuse lawyer, your lawyer will ensure that your claim is filed in a timely manner. However, when you wait to seek advice from a lawyer and do not get started on your case for quite some time, you could be at risk of having a time-barred claim.

When a claim is not filed within that three-year window, the lawsuit can be barred under the New York statute of limitations. To be certain that your case is filed on time, you should get legal help as soon as possible.

Contact a Nursing Home Negligence Attorney in New York

To find out more about filing a nursing home abuse claim, you should get in touch with one of the experienced New York nursing home negligence attorneys at our firm as soon as you can. Contact Leitner Varughese Warywoda PLLC for more information about filing a civil lawsuit to hold a nursing home accountable for injuries arising out of negligence.

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