Types of Nursing Home Abuse Cases We Handle in Buffalo
Abuse and neglect in care facilities can take many forms, each requiring a unique legal approach. Our personal injury lawyers in Buffalo understand the complexities of elder law, state regulations, and facility policies. Acting fast can preserve evidence, protect residents, and hold negligent parties accountable. We handle a wide range of cases, including:
- Physical abuse
- Emotional or psychological abuse
- Neglect leading to malnutrition or dehydration
- Medication errors or overmedication
- Falls due to inadequate staffing or unsafe environments
- Sexual abuse
- Financial exploitation
- Unsafe living conditions and lack of supervision
- Bedsores and preventable infections
- Wrongful death due to neglect or abuse
Approximately one in 10 Americans over the age of 60 has experienced some form of abuse or neglect. No matter the scenario, we investigate thoroughly, document every instance of harm, and hold facilities, staff, and responsible parties accountable. With our Buffalo nursing home abuse attorneys on your side, you’ll have a team ready to secure justice and protect your loved one.
Buffalo Nursing Home Abuse Attorneys Who Demand Accountability
Cases as poignant as nursing home abuse and neglect reflect the need for qualified, compassionate, and skillful legal representation. At Hiller Comerford Injury & Disability Law, we take our responsibility as an advocate for your loved one in long-term care seriously. We hold negligent nursing homes and careless staff accountable for their actions and lack of care, protecting the interests of vulnerable residents.
Our extensive history as nursing home abuse lawyers in Buffalo has made us the go-to firm across western New York.
Always Prepared for Court
From day one, we treat every case as trial-ready. Facilities and insurers know that a prepared attorney means settlements must be fair, or the matter goes to court. We gather evidence, consult medical and elder care experts, and develop a strong, persuasive case from the outset.
Dedicated Advocacy Every Step of the Way
Your family will work with a single Buffalo nursing home abuse lawyer from start to finish. No hand-offs, no delays. Just personalized guidance and direct communication.
Comprehensive Elder Law Support
Abuse often intersects with healthcare, insurance, and social security issues. Our attorneys coordinate all aspects of your claim, from filing complaints to seeking financial recovery, ensuring nothing falls through the cracks.
We Have a No-Fee Guarantee
You never pay us upfront. We only get paid if we win for you, so our success is directly tied to yours.
Free Case Evaluation
Speak with a lawyer at no cost. We’ll review your situation, explain your options, and help you understand the best path forward.
You’re More than a Case
We treat every client like family, taking the time to understand your story and guide you through every step with care and compassion.
Damages You Can Recover in a Nursing Home Abuse Claim
Abuse or neglect in a nursing home can leave devastating, long-lasting effects. If your loved one has suffered, it’s critical to understand that every consequence of abuse can be compensated. A Buffalo nursing home abuse attorney at Hiller Comerford Injury & Disability Law will ensure no loss is overlooked, aggressively pursuing all recoverable damages, including:
- Medical Expenses: Treatment for injuries, rehabilitation, and ongoing care caused by abuse or neglect.
- Pain and Suffering: Physical pain and emotional trauma suffered by the resident.
- Loss of Enjoyment of Life: Reduced quality of life due to fear, anxiety, or permanent harm.
- Wrongful Death Damages: Funeral expenses, loss of financial support, and loss of companionship if abuse leads to death.
- Economic Losses: Costs related to long-term care, therapy, or additional medical needs resulting from abuse.
Every detail matters. From the visible injuries to the emotional and financial toll, your nursing home abuse attorney documents each element carefully to ensure your claim fully reflects the real impact on your loved one’s life. Acting quickly and comprehensively can make the difference between a partial settlement and the full justice your family deserves.
How a Buffalo Nursing Home Abuse Lawyer Will Help
Nursing home abuse and neglect claims are legally and technically complex. Recovering full compensation often requires more than just proving an injury. It involves untangling facility policies, medical documentation, staffing records, and expert testimony. A Buffalo nursing home abuse lawyer turns these challenges into a clear strategy, ensuring your family’s rights are protected.
- Comprehensive Investigation: We review medical records, care plans, incident reports, staffing logs, and surveillance footage to document neglect or abuse.
- Expert Analysis: Collaborating with medical professionals, geriatric specialists, and elder care consultants, we establish both liability and the long-term impact of the harm suffered.
- Strategic Negotiation: Our nursing home abuse attorneys in Buffalo effectively push back against facilities or insurers that attempt to minimize or deny claims, ensuring that compensation fully reflects the full scope of damages.
- Trial-Ready Preparation: Every case is treated as if it will go to court, giving you leverage from the start and ensuring your claim is never undervalued.
With a Buffalo nursing home abuse lawyer on your side, every negligent party is held accountable, and your claim is built to fully reflect the physical, emotional, and financial consequences of the abuse. Your family’s peace of mind and your loved one’s justice depend on having the right legal advocate guiding every step.
Nursing Home Residents’ Rights in New York
Under both federal and New York state laws, nursing home residents are entitled to a wide range of rights designed to protect their dignity, health, and well-being. These laws, including the federal Nursing Home Reform Act (NHRA) and New York’s Public Health Law, ensure that residents receive proper care, respect, and protection from abuse or neglect while residing in long-term care facilities.
Some key rights of nursing home residents in New York include:
- The Right to Dignity and Respect: Nursing home residents have the right to be treated with dignity, respect, and consideration for their individuality.
- Right to Privacy and Confidentiality: Residents are entitled to privacy regarding personal matters, including their medical care.
- Right to Participate in Care Decisions: Residents have the right to be informed about their medical condition and treatment options.
- Freedom From Restraints: The use of physical or chemical restraints is prohibited unless medically necessary and authorized by a doctor.
- Right to Complain: Residents have the right to voice grievances without fear of retaliation. They can file complaints about their care or treatment with the nursing home administration, state health agencies, or even legal authorities.
- Right to Visits and Social Interaction: Residents are allowed to have visitors, communicate privately with friends and family, and participate in social, religious, and community activities as long as they do not interfere with the rights of other residents.
- Right to Proper Medical Care: Nursing home residents are entitled to proper medical, nursing, and rehabilitative care.
- Financial Rights: Residents have the right to manage their own finances or designate someone they trust to manage them. They should also receive a clear and complete accounting of any personal funds managed by the facility.
When any of these fundamental rights are ignored or violated, the consequences for a resident can be devastating. Denying dignity, privacy, proper medical care, or the ability to participate in treatment decisions isn’t just neglect; it can be abuse under New York law.
If you suspect a loved one’s rights are being violated in a nursing home, a Buffalo nursing home abuse attorney can step in to investigate, hold the responsible parties accountable, and pursue full compensation for the harm caused.
There’s Limited Time to File a Nursing Home Abuse Lawsuit in Buffalo
Time is critical when it comes to nursing home abuse claims. In New York, the statute of limitations gives victims or their families just three years from the date of the abuse or neglect to file a personal injury lawsuit, though certain circumstances, like cases involving wrongful death, can shorten or slightly extend that window. Waiting too long will permanently bar your ability to seek justice and recover compensation for medical bills, pain and suffering, or long-term care needs.
Even minor delays can be costly. Evidence can disappear, memories fade, and critical witnesses may become unavailable. By acting quickly and contacting a Buffalo nursing home abuse attorney, you ensure that your claim is properly documented, deadlines are met, and every possible avenue for recovery is preserved.
FAQ: Nursing Home Abuse Attorneys in Buffalo
When a loved one may be suffering from nursing home abuse or neglect, questions come fast, and the stakes are high. From understanding warning signs to knowing your legal options, every detail matters. Our Buffalo nursing home abuse lawyers have compiled answers to the most common questions families ask. For personalized legal assistance, contact our law firm today.
Can I sue a nursing home if the abuse was caused by another resident?
Yes. Nursing homes are legally required to maintain a safe environment for all residents. If your loved one is harmed due to the facility’s failure to supervise or protect residents from each other, the nursing home may be held liable. A Buffalo nursing home neglect lawyer can investigate staffing levels, security measures, and incident reports to determine if negligence has occurred.
What types of evidence are most important in a nursing home abuse case?
Critical evidence often includes medical records, incident reports, staff schedules, photographs of injuries, witness statements, and surveillance footage. Documentation of repeated incidents or ongoing neglect strengthens the case. An attorney ensures every piece of evidence is collected, preserved, and presented effectively.
Who can be held liable in a nursing home abuse case?
Liability can extend to multiple parties, depending on the circumstances. This may include the nursing home facility, its management, individual staff members, contractors, or even healthcare providers responsible for oversight. A Buffalo nursing home abuse attorney will investigate thoroughly to identify all responsible parties and hold them accountable for the harm caused.
How long does it take to resolve a nursing home abuse case?
Resolution varies based on case complexity, the severity of injuries, and the willingness of the facility or insurers to settle. Some cases may settle in a few months, while more complex claims may take years. Acting promptly ensures evidence is preserved and deadlines are met, giving your lawyer the best chance for a successful outcome.
Do I need to report abuse to a government agency before filing a lawsuit?
Reporting to the New York State Department of Health or Adult Protective Services can help preserve evidence and trigger regulatory investigations, but it is not a prerequisite for filing a lawsuit. Your attorney can guide you through reporting while simultaneously protecting your legal rights.
Can I file a lawsuit if my loved one has passed away due to nursing home abuse?
Yes. Wrongful death claims allow family members to seek damages for medical expenses, funeral costs, lost financial support, and the emotional loss of companionship. A Buffalo nursing home abuse lawyer can handle the claim and ensure it reflects the full impact of the loss.
What if I’m unsure whether the treatment my loved one received counts as abuse or neglect?
Even questionable care decisions or repeated neglect can constitute a legal claim. A lawyer reviews the facility’s policies, medical records, and expert evaluations to determine whether the standard of care was breached. Early consultation ensures no potential claim is overlooked.
What are the signs of nursing home abuse and neglect?
The signs of nursing home neglect or abuse may be mistaken for the ordinary course of aging. However, if your loved one exhibits any of these signs of abuse, it’s time to call nursing home abuse lawyers: bedsores, broken bones, bruises, medication overdose or medication withholding, head injuries, scratches, or sudden death.
Some instances of nursing home abuse are characterized not by active harm being inflicted on a person, but by the effects of not being cared for: malnourishment, dehydration, soiled bedding or clothing, or poor hygiene.
When residents of nursing homes are emotionally abused, they may experience significant mental distress. Signs of emotional neglect or abuse include complaints of poor treatment, frequent crying, agitation, and fear, especially when staff members are around
While some of the signs of emotional abuse may be similar to symptoms of dementia, and some signs of physical abuse may simply indicate a person’s mobility challenges, it’s always best to take steps to ensure that your loved one is protected.
How much does it cost to hire a Buffalo nursing home abuse lawyer?
Our nursing home abuse lawyers in Buffalo operate on a contingency fee basis, which means you pay nothing unless we recover compensation for your loved one. This ensures that our success is directly tied to securing the best possible outcome for your case, and there are no hidden fees or hourly charges.
