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Quick Answer
Nursing home abuse cases in New York can take anywhere from several months to over a year to resolve depending on various factors, such as the time it takes to gather evidence and the strength of that evidence, the number of parties that are involved in the case, and the types of injuries that have been sustained. Delays may also arise from court scheduling. Dalli & Marino’s experienced attorneys work diligently to resolve nursing home abuse cases efficiently while fighting for maximum compensation. Se habla español.
Nursing homes have a responsibility to provide well-rounded, proper care for residents. If nursing home staff injure your loved one through negligence or abuse, filing a nursing home lawsuit is a crucial step in seeking compensation. However, this process can be daunting without knowing what to expect. Understanding the legal timeline and the factors that influence it can help you navigate the path forward with confidence.
How Long Does it Take to Settle a Nursing Home Lawsuit?
Nursing home lawsuits can take months or even years to settle. How long a case takes depends on several factors.
Evidence Gathering: Evidence can take time to gather. You’ll need documentation of the patient’s injuries and/or neglect, which can include photographs, witness statements, treatment logs, and physical examination records. You will also need information that demonstrates the scope of the abuse and/or neglect.
The Parties Involved: Nursing home lawsuits can involve many different parties. For example, on-site staff may be responsible for injuries, neglect, and abuse, but owners and operators can also play a role—especially if the facility is understaffed. The more parties are involved, the more complex the case and the longer it can take to settle.
The Types of Injuries Sustained: The type of injuries a resident has suffered also plays a role in the timeline of a nursing home lawsuit. Certain types of cases where severe harm is involved, such as sexual abuse, may require a more extensive investigation and therefore extend the process.
Administrative Hurdles: Court procedures and the nursing home’s litigation history can also impact how long a case takes to settle. Court backlogs and scheduling delays may slow down the process, especially if the case goes to trial.
What is the Process for Filing a Nursing Home Abuse or Neglect Lawsuit in New York?
Filing a nursing home abuse or neglect lawsuit in New York starts with reporting the abuse to the facility itself.
- Report the abuse. Once you have discovered the abuse, follow the steps outlined by the care facility to report it.
- File a Nursing Home Complaint Form with the New York State Health Department
- Contact local law enforcement if a crime has been committed.
- Contact a nursing home abuse lawyer to file a claim on the residents’ behalf. An attorney can help collect evidence, identify all liable parties, and fight the claim for you. The initial process to file a claim may only take a few days, but settling it may take longer depending on the factors listed in the previous section.
Many nursing homes and their insurers will want to settle the case out of court. This can happen through negotiations and mediation. If the nursing home and its insurer won’t settle for a reasonable amount, you may consider filing a lawsuit.
Filing a lawsuit may cause the process to take longer than a few months, especially if evidence of abuse is not clear or if the injuries are severe and insurance limits are high. During this time, your attorney will work with you step-by-step to build a strong case.
Who Can Sue a New York Nursing Home for Neglect or Abuse?
A nursing home resident may file a lawsuit, or if they are incapacitated—meaning they are unable to make decisions for themselves—someone else may file it on their behalf. This includes family members of the nursing home resident, people who have power of attorney for the resident, and those who are representatives of the resident’s estate.
How Long Do You Have to Sue a Nursing Home in New York?
In New York, the statute of limitations for suing a nursing home for abuse or negligence is generally three years from the incident date. However, if the case involves wrongful death, the statute of limitations is two years from the date of the resident’s death. It’s crucial to act promptly, as missing these deadlines could bar you from seeking justice for your loved one’s suffering or death.
What is the Average Settlement for Nursing Home Neglect or Abuse in New York?
The average nursing home abuse settlement in New York can vary widely, often ranging from tens of thousands to several million dollars. Several factors influence the settlement or verdict amount, including the severity and type of abuse, the extent of the victim’s injuries, and the impact on their quality of life.
In addition, the strength of the evidence presented, such as medical records, witness testimony, and expert opinions, also plays a critical role in determining the settlement. Additionally, the nursing home’s history of similar incidents, financial standing, and the legal strategies employed by both sides can affect the final amount. In severe or systemic abuse cases, settlements tend to be higher due to the gravity of the harm inflicted and to serve as a deterrent against future misconduct.
How Can Dalli & Marino Help With My New York Nursing Home Abuse Case?
Hiring a Dalli & Marino attorney offers several key benefits when pursuing a nursing home abuse case in New York. First, our track record speaks for itself, with clients having won millions of dollars in settlements and verdicts in nursing home lawsuits. While no attorney can or should promise a favorable outcome, our success is a testament to our ability to secure the compensation our clients deserve.
Second, we have been practicing law for several decades. With experience dating back to 1995, we are well-versed with New York’s laws, rules, and regulations governing nursing homes. Our extensive experience allows us to navigate the complexities of nursing home abuse cases with confidence and expertise, providing clients with the best possible representation.
Further, we are diligent in our approach. Unlike other firms, our attorneys meticulously screen every case ourselves. Our commitment to help nursing home residents live their lives with dignity goes beyond individual cases – we aim to resolve your legal problems while advocating for systemic change in nursing home care.
Speak with an Experienced New York Nursing Home Abuse Lawyer at Dalli & Marino
Nursing homes have a responsibility to provide a safe and respectful duty of care for all residents that are entrusted to their supervision and care. If a nursing home fails to provide adequate care and subsequently injures your loved one, they should be held fully responsible for their careless actions. Pursuing legal action against a nursing home can be stressful, but with the experienced help of New York nursing home lawyers at Dalli & Marino, you can rest assured that they will exhaust all resources in order to achieve a successful outcome for your case.
The legal team at Dalli & Marino are New York’s most diligent and detail-oriented nursing home lawyers. We have helped victims secure the compensation they deserve since 1995 by providing award-winning representation and client-focused service. Contact us for a complimentary consultation regarding your case. We can communicate with you in English and Spanish.
