Long Island Nursing Home Abuse Attorney
When we are no longer capable of caring for our vulnerable loved ones, we trust nursing homes to care for them for us. When that trust is betrayed and your loved one faces abuse in a nursing home, the effects can be devastating.
Nursing home abuse takes many different forms and is not always obvious. The abuse might happen once, or it might repeatedly happen over time. If you suspect abuse, you should remove your loved one from the nursing home and get them immediate medical attention. You can then begin building a case against the nursing home to hold them accountable for the abuse.
If your loved one was abused while living in a nursing home, contact our Long Island nursing home abuse attorneys right away. We can help you file a lawsuit and get compensation. Call The Carrion Law Firm at (631) 910-7493 for a free review of your case.
Spotting Signs of Abuse in a Long Island Nursing Home
Signs of abuse vary from situation to situation. In some cases, the abuse leaves visible marks on the victim. The abuse is verbal or emotional in other cases, and the victim might not display outward symptoms. If you suspect your loved one is being abused, it is important to speak with them and ask about it. If your loved one cannot explain the abuse on their own, there are certain signs you can look for, both physical and emotional.
Always be on the lookout for physical marks, wounds, or injuries. People in nursing homes tend to be very vulnerable, and many suffer from pre-existing medical conditions or disabilities that could cover up the cause of injury. For example, a nursing home resident who has trouble standing might have fallen and broken their arm. Alternatively, an angry nursing home staff member could have broken your loved one’s arm. Once you notice signs of injury, you can inquire further as to the cause.
Symptoms may also be seen in your loved one’s emotional state. If your loved one is normally very talkative and outgoing, acting more withdrawn and quiet might be a sign that something is wrong. Abuse victims often experience psychological trauma in addition to physical injuries. It is not uncommon for abuse victims in nursing homes to show sudden changes in mood or personality.
If you believe your loved one is being abused in their nursing home but are not sure what to do about it, contact our Long Island nursing home injury attorneys for assistance.
Filing a Lawsuit Against a Nursing Home on Long Island
When you file a lawsuit against the nursing home, you need to explain the abuse claims. Specifically, you need to explain how the abuse happened. A lot of cases are based on negligence, but many others are based on intentional torts. Our Long Island nursing home injury lawyers can help you determine what kind of case you have.
A lawsuit based on negligence requires you to prove four distinct elements. First, you must show that the nursing home owed a legal duty of care to your loved one. This duty of care comes from the fact that the nursing home accepted your loved one as a patient and resident, and your loved one can reasonably expect proper care and safety. Second, you must show that the nursing home breached or violated this duty. This is where the abuse allegations come in. Third, you must prove that the abuse is the direct or proximate cause of your loved one’s injuries. Finally, you must show that your loved one’s injuries and damages are real and not close calls or hypothetical injuries.
An intentional tort is different because the defendant meant to cause harm. Intentional torts are specific, and each might have its own unique elements that we must prove. The intentional tort involved in your case will depend on how your loved one was abused. Common intentional torts in abuse situations are assault, battery, intentional infliction of emotional distress, false imprisonment, and more.
Talk to our Long Island nursing home injury lawyers about your case, and we can help you figure out how to file your claim against the nursing home.
Common Injuries from Nursing Home Abuse on Long Island
Identifying and assessing injuries your loved one sustained in a nursing home is critically important to your lawsuit. We must assess your loved one’s injuries to get an accurate idea of what their damages are. Of course, the types of injuries to look for can vary from case to case, but there are some more common injuries you can look out for:
- Broken bones
- Lacerations or cuts
- Frequent illness or infection
- An overall decline in health
- Mood swings or personality changes
If you have found any of these injuries or others, it is important to get your loved one help immediately. A doctor can assess your loved one’s health and determine if there are other injuries or if there have been injuries in the past. Speak to our Long Island nursing home injury attorneys about getting your loved one help.
Getting Compensation for Damages from a Nursing Home on Long Island
In a civil trial, courts serve justice with money. While it might feel a bit callous to think of your loved one’s abuse and suffering in terms of dollar signs, this is often the only way courts can compensate victims. This is also why evaluating your damages is so important.
Damages may be awarded at the end of your trial if you are successful. You and your loved one could be awarded all the damages you claimed or only some of them; it depends on how the court or jury reached their verdict. Remember, if you forget to include damages in your claim, they will not be awarded at your trial.
You can also get compensation through a settlement agreement. A settlement takes place outside of the courtroom. The defendant agrees to pay a certain sum of money to the plaintiff in exchange for the plaintiff dropping the case. The amount of money you get in a settlement is up for negotiation. Our Long Island nursing home injury lawyers can help you negotiate the highest settlement offer possible.
Call Our Nursing Home Abuse Lawyers for Help
If your loved one experienced abuse in a nursing home, you deserve compensation and justice for your family. Call our Long Island nursing home injury lawyers for advice and assistance. Call The Carrion Law Firm at (631) 910-7493 for a free evaluation of your case.