How Long Does It Take To Settle A Nursing Home Lawsuit?

July 12th, 2021 by

What would a settlement from a nursing home lawsuit mean to you? For some families, their principal motivation is to pursue justice for their loved ones. Others need financial compensation to lift the economic toll of medical bills or death expenses. Still others want to send a clear message to negligent nursing home facilities that abuse will not be tolerated.

No matter your main goal, you likely want to come through the process with both speed and success. This is understandable. So let us explain how long it may take to settle your case.

Defining Legal Terms To Understand Your Lawsuit

Before discussing the factors that might influence the length of your nursing home lawsuit, here are some definitions that might help you:

  • State courts: New York, like every state in the nation, has a court system that decides criminal and civil cases
  • Federal courts: Rarely, certain cases are referred to the US Supreme Court, which is a part of the federal court system
  • Attorney (lawyer): Attorneys give legal advice and represent people in court
  • Lawsuit: A lawsuit is a case brought before a court of law when one party has a complaint against another party
  • Damages: In personal injury law, damages are harm or injury that affects a person (or organization) or property
  • Compensation: Compensation is a financial award given to cover damages or as a punishment for wrongdoing
  • Appeal: Parties have a limited amount of time to contest the ruling in a higher court if they meet specific requirements
  • Settlement: A settlement is when the parties being brought before a court of law agree to compensation and other terms in exchange for the complaining party to drop the case

The legal system is complex, so many people turn to personal injury lawyers for help in understanding and protecting their rights. At Hill & Moin, we have over 40 years of experience representing New Yorkers with extraordinary success. Since we care about our clients, hiring us is like having an attorney in the family.

Factors That Determine the Length of a Lawsuit

Besides pain and suffering, nursing home abuse and neglect cases often cause a financial strain for victims and their families. Are you struggling under the burden of medical bills or the cost of moving your relative to a new residential care facility? Or has the worst happened and you now need the means to provide a dignified funeral and burial service for your loved one?

When you consult with Hill & Moin, you can be confident that our New York nursing home neglect and abuse lawyers understand the urgency of your situation. We will have the common goal of pursuing compensation while avoiding unnecessary delays.

How long it takes to settle a nursing home lawsuit depends on various factors:

  • How soon you contact us: At the New York law firm of Hill & Moin LLP, our network of attorneys do all they can to review cases and advise our clients of their legal options promptly. Yet, you need to get in touch with us so we can help you. Our telephone lines are open 24/7 at (212) 668-6000, or you can fill out the case evaluation form to schedule your free initial consultation. 
  • How complex your lawsuit is: In some cases, evidence is clear, and liable parties are willing to settle quickly. In others, extensive investigation is necessary to build a strong case, or responsible parties are uncooperative. In these circumstances, court action might be required to seek compensatory damages for your losses. Cases heard in federal court could last longer than lawsuits tried at state level. 
  • Whether or not there is an appeal: If either you or the other party contests a court decision, an appeal might have to take place before the lawsuit reaches a settlement.
  • How deadlines affect your case: The State of New York sets a statute of limitations (a deadline) on how long you have after a personal injury occurs to take legal action. Insurance companies also require claimants to file paperwork within a certain timeframe. At our law firm and throughout our trusted statewide network, experienced lawyers can provide valuable assistance and resources to support clients in meeting essential deadlines.

Why You Need to Consult an Attorney to Find Out

Every case is different, so it is impossible to determine how long can a personal injury lawsuit take without examining your specific case personally. We would love to hear from you.

If you or someone you love has been injured in a nursing home, you could qualify to receive Hill & Moin’s Personal Injury Recovery SolutionsⓇ. With our attorneys looking out for your interests, you can rest assured that you are doing what you can to settle your case as soon as possible.

At Hill & Moin, we have won life-changing settlements for New York residents over the past 40 years. We understand the value of getting justice, enacting change, and freeing victims from the crushing weight of medical debt. Our clients are like part of our family.

If we or one of the law firms in our trusted network take your case, you can be sure that you will be working with a law firm that cares about you. So don’t wonder about your rights! Call us today.

What Type Of Lawyer Handles Nursing Home Abuse?

June 27th, 2021 by

When you have a legal problem or need reliable advice on how to protect your rights, you would be wise to consult a lawyer. Lawyers (or attorneys) are professionals who are trained and educated in the law.

What sort of lawyer should you speak to, though? There are many different types of lawyers in New York, including:

  • Estate planning
  • Bankruptcy
  • Corporate
  • Immigration
  • Intellectual property
  • Criminal
  • Tax
  • Personal injury

Have you or someone you care about experienced nursing home abuse? You need a personal injury lawyer.

Why You Need a Personal Injury Lawyer

Personal injury claims seek compensation for damages caused by someone else’s negligence or abuse. For instance, a driver might seek the costs of car repairs and medical bills from the motorist who caused a car accident. A consumer might sue a manufacturer for injuries caused by a defective product.

In the case of nursing home abuse, Hill & Moin’s personal injury lawyers are able to seek justice and financial compensation on behalf of those abused and neglected in assisted living facilities.

How to Recognize Nursing Home Abuse

Nursing home abuse comes in various forms, including:

  • Physical abuse occurs when someone causes bodily harm to nursing home patients. Hair-pulling, slapping, kicking, or throwing objects are examples of abusive behaviors that are often done on purpose. Other harmful behaviors could be unintentional, such as when a busy caregiver handles a fragile resident too roughly, resulting in bruises or scratches.
  • The use of restraints to hold someone against his or her will is another form of physical abuse. A patient should never be locked in a room, gagged, or tied to furniture as a means of control. Of course, if a patient needs to be isolated or restrained for medical reasons, staff should follow guidelines set under medical supervision. Caregivers must follow doctors’ orders in relation to prescription medication. They should not overmedicate residents nor prevent those under their care from taking prescription drugs in order to manipulate behavior.
  • Sexual abuse involves unwanted sexual activities of any kind with a care facility resident. Many patients are especially vulnerable because of mental, emotional, or physical conditions that make consent impossible. Non-physical acts, such as exposing oneself, threatening rape, or forcing someone to watch pornography, are also unacceptable forms of sexual behavior.
  • Emotional and verbal abuse includes name-calling, vulgar speech, humiliation, and threats. It might be accompanied by physical acts meant to evoke fear or cause harm, such as damaging belongings, withholding food and drink, or isolating the person from family and friends.
  • Neglect happens when caregivers refuse to or cannot meet patients’ physical, social, or healthcare needs.

If you feel something is wrong, trust your instincts. Call 911 if someone is in immediate danger.

Why You Should Respond Immediately to Suspected Abuse

For more than 60 years, our law firm’s compassionate personal injury lawyers have assisted the victims of nursing home abuse in understanding their rights and legal options under New York law. Though there are 1.3 million nursing home residents nationwide, your loved one is not just a number at Hill & Moin. Our Personal Injury Recovery SolutionsⓇ pursue exceptional results that change lives.

Why should you hire a lawyer if you suspect abuse? There are at least four compelling reasons why:

  • Abuse is not likely to stop on its own. The National Institute on Aging studies and provides information about elder abuse. According to the institute’s website, “elder abuse will not stop on its own. Someone else needs to step in and help.” Victims of abuse are often too ashamed or frightened to make a report, or they might not be able to speak up for themselves.
  • Nursing home abuse could result in permanent injuries. Elder abuse could lead to long-term physical and psychological damage, such as bedsores, broken bones, and depression. In the worst-case scenarios, negligent and abusive treatment ends in premature death.
  • Your attorney can help you report suspected abuse. In New York, the Department of Health and other agencies work to protect the elderly. Abuse is not usually a one-time event. Making a report could keep your loved one safe and spark changes that benefit other nursing home residents.
  • You could be entitled to compensation. A personal injury claim could award you with compensation for your losses. For example, you might be eligible to receive vital funds for medical expenses and the costs of transferring your family member to a different care home.

At Hill & Moin, we understand that life does not always fit neatly into categories. Our law firm wants our clients to feel like they have a lawyer in the family, so we offer New York residents an easy and free way to determine the type of attorney they need: a free consultation with us.

Simply request your initial consultation by calling (212) 668-6000 to find out the right type of lawyer for your case. Don’t wonder about your rights! The Hill & Moin legal team is ready to help.

How Much Is A Nursing Home Neglect Case Worth?

June 20th, 2021 by

No doubt you and your relatives thought long and hard about the decision to place an elderly member of your family in a nursing facility. After much research, analysis, and family discussion, you located a nursing home that met the criteria for your elderly parent, grandparent, or other loved one. What relief you felt!

It can be crushing to realize or learn that your elderly loved one is being neglected or abused at the nursing facility. The New York law firm of Hill & Moin LLP sympathizes with you as if your loved one were our own family member. We are infuriated when we receive reports of dear elderly ones being treated with disrespect and a lack of care.

In the case of nursing home abuse, you and your family have been hurt enough. You have the right to pursue compensation. Let us discuss a part of this road to recovery – how much your case may be worth.

Compensation Amounts Available 

We would prefer that our dear loved ones never experience abuse or neglect. However, it is an unfortunate reality that reports of elder abuse and neglect are on the rise. Those who are responsible for such neglect should be held accountable. A principal way that individuals and entities are made accountable is through monetary compensation.

Many factors can influence the restitution amount an individual receives for the negligence or abuse they endured at a nursing facility. It has been reported that the average amount received in the nation’s nursing home abuse cases is a little over $400,000.

However, each case is unique, and the specific circumstances will influence the compensation attainable. That being said, the same study remarked that the “Average recoveries for nursing home claims nationwide…appear to be larger than the average medical malpractice payout.”

Factors Which May Influence Your Compensation 

Nursing home neglect can come from a staff member who deliberately ignores the needs of a patient. It could be a facility employee who is careless and inattentive. In either case, an individual’s actions or inactions influence the case.

The principal factors that affect a nursing home abuse case are the following:

  • The extent of the injuries to the victim – The range of injuries varies for each case. Intentional abuse could easily cause broken bones or other severe injuries. Inattention, perhaps not maliciously done, can leave a victim with bedsores or malnourished.
  • Property losses – The theft of property, money, and even identity can be perpetrated against a nursing home resident.
  • Pain and suffering experienced by the victim – It is difficult to quantify the emotional turmoil, anxiety, and stress that an elderly loved one must endure in the case of nursing home abuse. Yet, financial compensation for these emotional damages may be awarded.

Types of Compensation

The damages awarded will be categorized as one of the following:

  • Economic damages – This would include the resulting hospital bills and rehabilitation because of the injuries sustained in a nursing home. This would also cover the costs related to stolen property and money.
  • Non-economic damages – This is the compensation in connection to the pain and suffering the victim felt and perhaps continues to feel because of their abuse or neglect.

Understanding what New York law considers to be part of each of the above categories can be challenging. The legal criteria for these topics can be complicated and confusing. With an experienced lawyer on your side, you do not need to feel overwhelmed.

Hill & Moin LLP’s broad network of attorneys understands these laws, and we know how to apply them to your advantage. We can give you the confidence you need to pursue your legal remedies for compensation.

Example of a Settlement in the US For Nursing Home Neglect Cases 

Each case has a unique set of circumstances. However, the following experience indicates a possible monetary amount that could be applied to similar cases of nursing home neglect.

In the Chicago area, a nurse used water from an industrial coffee machine in the facility’s kitchen as bath water for an elderly woman. The water was at a temperature of 185 degrees. The nursing home resident experienced second-and third-degree burns due to this negligent act.

Sadly, she passed away from the related health problems connected to the injury. The judge ruled in favor of the family of the injured 87-year-old woman, and they received $1.5 million.

The Law Takes Nursing Home Neglect Seriously, and So Do We

Under the Code of Federal Regulations, one statement explains the high standards that you should be able to expect from a nursing home. In section 483.10, it is stipulated that the residents of nursing homes have the right “to a safe, clean, comfortable and homelike environment, including but not limited to receiving treatment and support for daily living safely.”

Further, section 483.12 guarantees that nursing home residents have “the right to be free from abuse.” New York law, as well as the Hill & Moin lawyers, take these regulations as having the utmost importance.

If nursing home staff have not given your loved one the compassionate and attentive care that the law demands, then you have the right to seek compensation. Hill & Moin has a team of understanding and experienced lawyers who can help. We can represent our clients with the professionalism needed. At the same time, we also take a gentle approach so that you feel like you’re working with family.