We get many questions regarding nursing home negligence claims in New York. However, one of the most important is what the statute of limitations is. For those that aren't aware, the statute of limitations is a deadline set by each state for the amount of time someone has to file a lawsuit in court.
What's the statute of limitations for an NY nursing home claim? The timeframe in which you can sue a nursing home in New York is three years, per CVP §214(5). There are specific details that could impact that deadline. For instance, if the nursing home is government-run, the amount you have is even shorter. But, there are other specific circumstances that could apply as well.
It's important to know these deadlines, but it is even more important to consult with an NY personal injury lawyer like Brandon J. Broderick, Attorney at Law. You have nothing to lose by consulting our team. We can provide valuable advice and lay out the options you have before you.
NY's Statute of Limitations and Limited Discovery Rule
A limited "discovery" law that can extend the statute of limitations for some claims. When certain conditions are met, this statute of limitations deadline could be extended, from the day the victim discovered they were injured.
It's very important to understand when this clock begins ticking and ends for you to file a claim. You forfeit your ability to file a claim for damages in court if your lawsuit is not filed by this deadline. However, there are a few measures that should preferably be performed before you apply, such as assembling the necessary documentation and knowing the value of your claim.
How to Prove Abuse in Nursing Homes
Personal injury cases frequently include allegations of nursing home abuse or mistreatment. In these cases, the plaintiff must be able to prove that the nursing home and/or its staff acted negligently and that this negligence resulted in injuries and damages related to the injuries.
You must demonstrate each of four criteria in order to establish negligence.
- Nursing home owed a duty of care: You must establish that the defendant (nursing home) owed your loved one a duty of care. Both the facility and members of the staff have a responsibility to act with reasonable care and skill when dealing with nursing home residents.
- There was a breach of duty of care: You must demonstrate that your loved one was not treated in accordance with this duty of care by the nursing home facility. Examples could be failing to feed your loved one, provide the correct medication, neglecting to provide assistance for bathing, and other forms of abuse.
- Causation: You must demonstrate that the defendant's negligence led to the resident's injuries. Compensation will not be awarded if the defendants can demonstrate that another factor, such as a resident's pre-existing medical condition, played a significant role in their injuries. It is usually important to seek help from a medical expert who can examine the case and provide testimony regarding how the resident's injuries were caused by the absence of sufficient care.
- Damages: To support the financial compensation you are seeking in your case, you must present supporting documents and proof. Damages can include medical costs, such as hospitalizations, prescription costs, and other medical bills; medical equipment; lower quality of life; pain and suffering; costs for ongoing and future medical care.
In the most tragic situations, a resident of a nursing home may pass away as a result of the facility's negligence. We recognize the suffering this must be causing the surviving family members. Our sincere condolences are extended to you if this happened to your family. You have the choice to sue the facility for wrongful death, and our firm is prepared to do so on your behalf. Fighting for the surviving family members of nursing home abuse wrongful death victims is something we value highly. We are committed to obtaining both the financial recompense you require and the just compensation for your lost loved one.
Call Brandon J. Broderick For a Free Consultation Today
It is upsetting to learn that a nursing home facility has failed in taking care of you or a loved one. They owe you a duty of care, and when they do not fulfill this duty, the nursing home abuse lawyers of Brandon J. Broderick are here to hold them accountable.
Allow us the opportunity to handle your case and we will provide you the utmost professional legal representation, help you reach a resolution in your case, and begin moving on.
Call us right now to find out more about the New York nursing home lawsuit statute of limitations and how to recover damages from a careless nursing facility. Schedule a free consultation.