Nursing Home Negligence or Abuse
- Two years.
- The limitations can be delayed when a plaintiff was not, or reasonably could not have been, aware of the negligence.
- Two years. For injured individuals who are under 21 years or mentally disabled, the statute of limitations does not begin to run until the disability is lifted.
- Two years from date of death, unless the death was caused by manslaughter or murder.
- No defendant will be liable for punitive damages greater than five times their liability for compensatory damages or $350,000, whichever amount is greater.
The information provided here was prepared by the Pintas & Mullins Law Firm for research and informational purposes only. It does not constitute legal advice or an attorney-client relationship. While we try to keep this information current, the law is subject to change and it may not be reflected here immediately.
The Pintas & Mullins Law Firm expressly disclaims all liability with respect to actions taken or not taken based on the information provided. If you have a legal question or problem, please consult an attorney immediately.
If you notice signs that your loved one was abused or neglected while at their nursing home, we can help you investigate and pursue a financial award if necessary.
Nursing Home Abuse Is More Common Than You May Want to Believe
Even if you are generally aware that abuse of the elderly occurs, nobody wants to believe that it is happening to their loved one. We cannot let the hope that nothing is wrong, prevent us from investigating potential signs of abuse or neglect.
Research suggests that approximately ten percent of elders in a group home setting will endure some form of physical, verbal, psychological or other abuse. It is important that you keep an eye out for the common signs of abuse or neglect as soon as they occur. Call a lawyer if you believe that there is a reason to pursue legal action.
Risk Factors for Being Abused
Being elderly is a risk factor for abuse and neglect and there may be additional qualities that have made your loved one susceptible to mistreatment. Risk factors for abuse and neglect include:
- Dementia, as some studies suggest as many as 50% of those with dementia experience some form of abuse.
- Low social support.
- Experience of previous traumatic abuse.
- Being a woman, as women are statistically more likely to be abused.
Nursing home abuse or neglect can happen to anyone, and you should keep your eyes open for any signs that your loved one is not being treated in a humane way.
The Signs of Physical Abuse in Nursing Homes
Because the elderly are more prone to signs of physical and mental decline, symptoms of abuse are often dismissed as an unfortunate side effect of aging. However, if you see any of the following signs of potential abuse or neglect, it is important to ensure that your loved one is not being victimized.
Not all signs of abuse or neglect are apparent, so it is important that you ask your loved one about these things when you see them. Potential signs of elder abuse include:
- Difficulty sleeping.
- Depression or confusion.
- Persistent bed sores.
- Unexplained weight loss.
- Signs of anxiety or trauma, such as rocking back and forth, fidgeting, and reflexively recoiling to your touch.
- Violent outbursts and/or frequent agitation.
- Withdrawal from activities that your loved one normally enjoys.
- Unexplained scars, bruises, cuts, and/or bumps.
- A messy, disheveled appearance more than once.
Some of these symptoms may be anomalies or easily explained, but it is important that you ask your loved one about how they are being treated even if these potential red flags only emerge once. If these signs are recurring, then consider that your loved one may be being abused or neglected and call a lawyer as soon as possible. Our team of New Jersey nursing home injury lawyers at Pintas & Mullins Law Firm can help you form a civil case.
Be Aware of the Signs of Financial Abuse of Elderly
Not all nursing home abuse is physical or emotional. In addition to these types of abuse, predators may attempt to take advantage of your loved one for their own financial gain. If you have reason to suspect that your loved one is being taken advantage of financially, a lawyer may be able to help recover lost finances.
Some common forms of financial abuse towards the elderly include:
- Unusual credit or debit card activity, including the purchase of items that you know your loved one not to have in their possession, or purchases made at stores that they would have no reason to shop at.
- Unexplained withdrawals using their ATM card.
- Missing valuables such as cash, jewelry, or other prized possessions.
Some seniors take pride in maintaining a level of financial independence even after they have moved into a nursing home, but this may make them prime targets for those who are seeking to steal money from an unsuspecting victim. Call our New Jersey nursing home injury lawyers at Pintas & Mullins Law Firm today if you suspect abuse.
What Our Nursing Home Abuse Attorneys Can Do for You
If you suspect that your loved one has endured physical, emotional, verbal, or financial abuse, it is important that you contact local authorities first. Police officers will likely have the experience necessary to conduct a thorough investigation and confirm or deny your suspicions.
Regardless of the outcome of such an investigation, you have the right to bring civil charges against a specific employee and the nursing home if you believe that something wrong has happened. Nursing home residents in New Jersey have a Bill of Rights that guarantees them the right to be free from abuse and neglect.
If these rights are violated, a lawyer can help you bring a case in pursuit of a financial settlement. Our team will:
- Interview your loved one and others who may be able to shed light on any abuse.
- Collect all the available evidence that may indicate abuse.
- Document any injuries and accounts that suggest abuse or neglect.
- Handle the entirety of your legal case while ensuring your loved one’s rights are protected.
Compensation You May Receive in a Nursing Home Abuse Case
If the nursing home is found liable for abuse or neglect, you or your loved one could be awarded compensation covering:
- Any financial assets stolen by a defendant.
- The cost of pain and suffering endured by your loved one.
- The cost of any Medicare-related financial abuse.
- The cost of your loved one’s stay in the home.
Nursing home abuse and neglect cases vary greatly, and you or your loved one could be awarded additional compensation depending on the details of your case.
Do Not Wait to Call A Lawyer If You Suspect Elder Abuse
New Jersey imposes a statute of limitations of two years on most personal injury claims, so it is important that you do not wait to contact a lawyer. Call our team at Pintas & Mullins Law Firm today to discuss your case.