New York Nursing Home Abuse Lawyer

Compensation for a New York Nursing Home Abuse Case

Our attorneys exhaustively evaluate all potential damages before drafting demand letters and negotiations. In a New York nursing home abuse case, your compensatory damages account for both tangible and intangible losses caused by the abuse or neglect. These damages are generally divided into two categories: special and general. Together, these compensable damages aim to acknowledge the full impact of the wrongdoing and provide meaningful relief to victims and their families.

Special Damages

Our attorneys carefully evaluate all available evidence to calculate special damages, also known as economic damages, in nursing home abuse cases, ensuring that no financial impact is overlooked. This process involves thoroughly reviewing documentation, professional assessments, and expert insights to quantify the direct economic consequences of the harm suffered. Examples of special damages that may be calculated in New York nursing home abuse cases are as follows:

• Medical Expenses: Recovery for medical expenses includes the costs of surgeries, rehabilitation, prescription medications, and other treatments necessary to address injuries caused by abuse or neglect. Our attorneys seek both past and anticipated future medical costs to ensure victims receive the ongoing care they need.
• Therapy Costs: Emotional and psychological trauma from nursing home abuse may require counseling or psychiatric therapy. We pursue compensation for all therapy-related expenses to support the victim’s mental and emotional recovery.
• Relocation Costs: When abuse occurs, transferring a loved one to a safer, more reputable facility is often necessary. We fight to recover relocation expenses and secure improved care, minimizing the financial burden on families.
• Property Damage or Theft: Victims deserve reimbursement if their personal belongings were stolen or damaged while they were in nursing home care. We document losses and pursue the full value of stolen or destroyed property through a legal claim.

We carefully analyze all economic losses to build a strong foundation for pursuing full compensation. Our goal is to present a clear and compelling case that accurately reflects the financial toll of the abuse or neglect endured. Families should keep all medical and rehabilitation bills, invoices, and receipts for out-of-pocket expenses. They prove the need to reimburse claimants for them.

General Damages

When evaluating general or non-economic damages in a nursing home abuse case, our lawyers focus on understanding the broader emotional and psychological toll the mistreatment has had on the victim. We work closely with families and, when appropriate, expert witnesses to assess how the abuse has affected the individual’s dignity, emotional well-being, and overall quality of life. Examples of general damages we may review in a New York nursing home abuse case include the following:

• Pain and Suffering: Victims of nursing home abuse often endure significant physical discomfort and suffering. We pursue compensation that reflects the severity and duration of this pain, helping ensure justice is served.
• Emotional Distress: Abuse can cause lasting emotional turmoil, including fear, anxiety, and sadness. Our legal team works to recover damages that acknowledge these profound psychological impacts.
• Humiliation and Dignity Violations: When an elderly resident is mistreated, their sense of dignity can be deeply damaged, leading to shame and embarrassment. We seek compensation that recognizes these personal violations and the emotional harm they inflict.
• Psychological Trauma: Conditions like PTSD, anxiety, and depression often follow traumatic abuse. Our nursing home abuse attorneys will present experts’ analysis, as evidence, to demonstrate the scope of these mental health challenges and secure appropriate compensation.
• Loss of Consortium: Family members may experience a diminished relationship with their loved one due to the abuse. We pursue damages for the emotional and relational losses suffered by spouses and close relatives.

While less tangible than financial losses, general damages are no less significant and require careful, compassionate attention. By capturing the full human impact of the abuse, we aim to ensure that the legal claim reflects the true depth of the harm suffered. Injured parties should consistently document their pain and suffering in a pain journal. Detailed pain journals provide evidence of the need to compensate for these damages.

Punitive Damages

Punitive damages may be awarded in cases involving extremely egregious conduct or willful neglect. These damages serve to punish wrongdoers and deter similar behavior from other nursing facilities. They are only awarded by juries when cases go to trial and are rarely applied to nursing home abuse cases. Examples of cases that may result in punitive damages are as follows:

• Available in cases of gross negligence
• Awarded for intentional misconduct
• Considered when facilities ignore known problems
• Appropriate for repeated violations
• May be substantial in cases of systemic abuse
• Often pursued in cases with regulatory violations
• Can highlight industry-wide issues

Our lawyers know when and how to effectively pursue punitive damages in appropriate cases. We leverage our deep understanding of New York elder abuse laws and judicial precedents to build compelling arguments that highlight the egregious nature of the misconduct.

Wrongful Death Benefits

When nursing home abuse or neglect results in death in New York, surviving family members may pursue wrongful death benefits through the personal representative of the deceased’s estate. If there isn’t a will appointing the estate’s personal representative, the court will appoint one. These claims compensate for the deceased’s suffering and the losses experienced by family members and include the following benefits:

• Funeral and burial/cremation expenses
• Medical costs from the date of the injury until death
• Pain and suffering of the deceased before death
• Loss of financial support
• Loss of companionship and guidance
• The emotional anguish of surviving family members
• Estate administration costs
• Lost prospect of inheritance

Our attorneys walk alongside grieving families during every step of the wrongful death claim process, combining compassionate support with aggressive legal advocacy. We recognize the profound emotional toll these cases take on families while remaining steadfast in our pursuit of maximum compensation from those responsible.

Types of Nursing Home Abuse Cases We Represent

Our practice encompasses all forms of nursing home abuse and neglect, each requiring extensive niche knowledge and investigative approaches. We have successfully represented clients across the spectrum of elder abuse and neglect cases and understand the unique challenges of each type. Types of nursing home abuse that Finz & Finz, P.C. represents include:

• Physical abuse (hitting, pushing, improper restraint)
• Emotional/psychological abuse (humiliation, isolation, threats)
• Financial exploitation (theft, fraud, coerced changes to wills)
• Neglect (failure to provide basic care needs)
• Medical neglect (medication errors, untreated conditions)
• Abandonment (desertion by caregivers)
• Self-neglect (the facility allowing residents to harm themselves)
• Improper use of restraints (physical or chemical restraints)
• Malnutrition and dehydration

Our extensive experience with these case types allows us to identify signs of abuse and develop effective legal strategies quickly. We maintain relationships with geriatric medicine specialists, forensic accountants, and other experts who strengthen our clients’ New York nursing home abuse cases.

Finz & Finz, P.C. Fights for Full and Fair Compensation

Insurance companies representing nursing homes often employ aggressive tactics to minimize payouts, even in clear-cut abuse cases. We anticipate these strategies and counter them with thorough evidence, compelling argumentation, and unwavering determination to secure the compensation our clients are entitled to. We are fully prepared to take your case to trial if negotiations fail to produce a fair result.

Our New York nursing home abuse attorneys have extensive courtroom experience and a proven record of success in nursing home abuse litigation. The attorneys at Finz & Finz, P.C. have respectively secured over $1 billion for families and clients injured in New York nursing home abuse cases, elder neglect, medical malpractice, and more. You can trust us to deliver optimal results.