In New Jersey, nursing home abuse cases typically fall under two categories of litigation: personal injury and wrongful death.
According to the statute of limitations for nursing home abuse cases in New Jersey, if you bring either sort of lawsuit, you generally have two years from the date of death, or the date that you discovered the abuse, to bring forth legal action.
There are exceptions to the statute of limitations for nursing home abuse cases in New Jersey, so you should contact a lawyer regardless of the time that has passed since you discovered that your loved one was abused.
Contact a Lawyer Today
It is important that you do not wait to contact a lawyer if you suspect that your loved one is the victim of abuse, neglect, or exploitation in a nursing home. Even if your loved one passed away as a result of mistreatment or from other causes, your family may be entitled to financial settlements.
How Our Team Can Help
Our team at Pintas & Mullins Law Firm aims to ensure that your loved one does not suffer any additional harm, and that your family is compensated for any wrongdoing that has already occurred.
We will assist you by:
- Meeting with you and your loved one to discuss what form of abuse, neglect, or exploitation occurred, and document their account for use at trial or in settlement negotiations.
- Initiating legal action to ensure that we abide by any relevant statutes of limitation governing your case.
- Alerting the nursing home in question that you intend to bring forth legal action and requesting their cooperation.
- Handling all legal responsibilities that occur in your pursuit of financial awards.
- Ensuring the protection of you and your loved one’s rights throughout the legal process.
Our team aims in any personal injury or wrongful death case to prove that the liable party acted in a way that violated your loved one’s rights. We want to prove that the defendant in your case—whether it is a staff member, resident, or the nursing home itself—is at fault for your loved one’s abuse, neglect, or exploitation.
For a free legal consultation with a Statute of Limitations Lawyer serving New Jersey, call (800) 794-0444
Know the Nursing Home Residents’ Bill of Rights
A list of patients’ rights protects all nursing home residents in New Jersey from, mistreatment. This bill of rights entitles residents, including your loved one, to protections that include:
- A right to be treated with courtesy and consideration.
- A right to choose their physician and participate in their medical care.
- A right to freedom from mental and physical abuse.
- A right to freedom from physical and chemical restraints.
A nursing home that fails to ensure respect of its residents’ rights, could be found negligent.
New Jersey Statute of Limitations Lawyer Near Me (800) 794-0444
Proving Negligence in a Nursing Home Abuse Claim
The New Jersey Department of Health and Senior Services imposes a minimum standard for quality of care in nursing homes. This standard includes ensuring that residents are not subject to mistreatment, whether it is exploitation, neglect, or abuse. This minimum standard serves as a basis for proving negligence in your loved one’s nursing home abuse claim.
We aim to prove neglect in each of our clients’ cases through a four-step process listed below:
- Establishing that the defendant owed your loved one a duty of care.
This duty of care is a legally binding responsibility that nursing homes accept when they take your money and pledge to care for your loved one.
- Proving that the defendant breached their duty of care to your loved one.
We may be able to prove this in several ways, including through witness testimony, visual evidence of abuse or neglect, or admissions of mistreatment by residents or nursing home staff.
- Establishing a link between the breach of care and your loved one’s injuries.
If abuse, neglect, or exploitation caused harm to your loved one, and we can prove the source of the abuse, neglect, or exploitation, then you may have a case for a financial settlement.
- Calculating damages and presenting a pitch for awards to the court.
We will calculate the sum of losses sustained by your loved one and petition the court to order the defendant to pay compensation.
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Compensation You May Be Awarded in a Nursing Home Abuse Case
If we reach a settlement or a jury finds in your favor, your loved one could be eligible to collect financial awards. Each case is different, but court-ordered compensation may cover:
- The cost of their time living in the nursing home where mistreatment occurred.
- The cost of any medical treatment required because of abuse or neglect.
- The cost of any financial assets or valuables stolen while your loved one lived at the nursing home.
- The cost of psychological treatment required because of neglect or abuse.
- The toll of pain and suffering inflicted on your loved one.
- Punitive damages against the defendant.
Do not wait to call a lawyer if you suspect that someone in a nursing home setting mistreated your loved one. Call our team at Pintas & Mullins Law Firm today to learn about the statute of limitations for nursing home abuse cases in New Jersey and to discuss your case.
You pay nothing upfront and nothing unless we win.