Millions Secured in Personal Injury Cases
$2,500,000
Settlement at trial for negligent road design
$2,400,000
Settlement at trial for a construction worker
$1,750,000
For a student injured at school
$1,300,000
For a motorcyclist
$1,200,000
Verdict for Car Crash Victim
$1,000,000
For a motorcyclist
$950,000
For car crash victim
Types of Nursing Home Abuse Cases We Handle
Negligence in long-term care facilities is rarely a “one-time” accident. It is frequently the result of a facility prioritizing profits over people, leading to skeletal staffing, inadequate training, and a culture of silence. Our lawyers investigate the hidden failures that lead to resident harm.
We represent families in New York dealing with:
- Physical Abuse: Bruises, fractures, or unauthorized restraints.
- Emotional Abuse: Threats, verbal degradation, or isolation.
- Neglect: Dehydration, malnutrition, poor hygiene, or missed care.
- Medication Errors: Wrong drugs, incorrect dosages, or chemical sedation.
- Falls & Mobility Injuries: Fractures or head trauma from poor supervision or hazards.
- Sexual Abuse: Non-consensual contact or exploitation.
- Financial Exploitation: Theft of property or unauthorized use of funds.
- Environmental & Wound Care Issues: Unsafe, unsanitary conditions and preventable bedsores or infections.
- Wrongful Death: Fatalities caused by neglect or unsafe conditions.
Evidence in these cases can disappear quickly. By involving a New York nursing home abuse attorney immediately, you ensure that staffing logs, surveillance footage, and medical records are preserved before they can be “misplaced” by the facility.
Why Families Choose Hiller Comerford Injury & Disability Law
Identifying abuse isn’t always easy; many residents are unable to speak up for themselves due to cognitive decline or fear of retaliation. We provide the aggressive advocacy needed to pierce through facility excuses and uncover the truth.
In-Depth Facility Review
We dig deeper than the injury itself, reviewing past violations, staffing patterns, and prior lawsuits to reveal systemic negligence.
Personalized Guidance
You aren’t just a file number here. You will work directly with an attorney who will keep you informed of every development and provide the clarity you need during a stressful time.
Handling Overlapping Issues
From insurance disputes to guardianship matters, we handle all overlapping concerns to protect your loved one fully.
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.
What Damages Can I Recover in a Nursing Home Abuse Claim?
In New York, civil litigation allows families to seek financial recovery for the physical, emotional, and financial toll of abuse. Recoverable damages often include:
- Comprehensive Medical Costs: Coverage for emergency room visits, surgery, ongoing therapy, and specialized wound care necessitated by the abuse.
- Pain, Suffering, and Mental Anguish: Compensation for the physical pain and the profound emotional trauma, such as depression or PTSD, caused by mistreatment.
- Loss of Quality of Life: Recognition of the loss of independence or the ability to enjoy daily activities.
- Relocation Expenses: The costs associated with moving a resident to a safer, higher-quality facility.
- Wrongful Death Benefits: In wrongful death claims in New York, compensation is limited to economic losses and does not include non-economic damages like loss of companionship, which is only recoverable in personal injury claims prior to death.
Facilities often claim that a resident’s decline was “unavoidable” due to age. A nursing home abuse attorney can counter these arguments by working with medical experts who can distinguish between natural aging and the clear markers of neglect.
"We fight for our clients as if they were family—taking cases to trial when necessary to ensure they receive the justice and financial recovery they deserve."
How a Nursing Home Abuse Lawyer Can Help
When a care facility is confronted with allegations of neglect or mistreatment, their primary focus often shifts to minimizing liability. Your nursing home abuse attorney serves as a vital advocate for the family, ensuring that the resident’s rights remain the priority by:
✓ Conducting a Forensic Review of Records: Analyzing medical charts, staffing logs, and treatment records to identify inconsistencies, late entries, or “papering over” incidents of neglect.
✓ Consulting with Medical and Geriatric Experts: Partnering with clinical specialists to define the appropriate standard of care and determine exactly how the facility failed to meet it.
✓ Managing High-Stakes Communications: Handling all negotiations and correspondence with corporate legal teams and insurance adjusters to protect the family from aggressive tactics.
✓ Investigating Regulatory Violations: Evaluating the facility’s history of state and federal health citations to establish patterns of systemic mismanagement or safety failures.
✓ Preparing for Trial from Day One: Building a comprehensive, evidence-backed case to ensure maximum leverage during settlement negotiations and readiness for the courtroom if necessary.
What are the Legal Rights of Nursing Home Residents?
Nursing home residents in New York are protected by state and federal law, including NY Public Health Law §§2801–2803 and the federal Nursing Home Reform Act. These laws guarantee safe, dignified, and competent care. Residents have the right to:
- Qualified Medical Care: Timely, appropriate treatment and adherence to care plans by trained professionals.
- Safe Living Conditions: Rooms free from hazards, proper supervision, and infection control.
- Freedom from Restraints: Physical or chemical restraints cannot be used for staff convenience.
- Personal Autonomy and Dignity: Control over daily routines, medical decisions, and privacy in visits and records.
- Voice Grievances Without Retaliation: Residents can report concerns to the NY Department of Health or Long-Term Care Ombudsman safely.
- Financial Protection: Safeguards against theft, misused funds, or unauthorized charges.
When these rights are breached, it isn’t just a “bad experience”, but a legal violation that warrants a civil claim.
Ida and Stephanie were great! They kept me posted about my case. They provided documents for my doctors to fill out so I had as much medical records as I could! Stephanie represented me in the Judge appeal and was great asking me questions about my disability and helping me convey those disabilities to the judge! I’m so grateful ☺️ for their help! Highly recommend them!
Working with Hiller Comerford was easy. They took care of everything and their communication was exceptional. I’ve already referred others to them.
Seriously grateful to my attorney, Ryan Taylor. I spent years trying to navigate VA disability on my own and they managed to finally make headway where I could not.
Everyone I spoke with and worked with was extremely kind and had great communication also they were compassionate,they worked very diligently to help me and kept me well informed throughout the process I couldn't thank them enough.
I would like to extend my heartfelt appreciation to Hiller Comerford Injury & Disability Law for their exceptional support and guidance throughout my disability benefits process. Their expertise and dedication made an overwhelming situation feel manageable, and they ensured every step was handled with care and clarity. I am truly grateful for their assistance and highly recommend their services.
My lawyer RyanTaylor was amazing. He told me exactly how the process goes, what to expect and how long it realistically would take. He was able to get for me exactly what I had tried twice to do myself but was rejected by the VA for. I will recommend all my Veteran friends to him.
Hard workers, always looking at the positive side of the case and always listening to the client. Only down remark is hard to get calls back.
Hiller Comerford have been amazing. They got me a fully favorable decision on my disability claim, I could have never been able to do that on my own. Everyone in their office is so kind and so knowledgeable. They really helped make a difficult time of my life a pleasure. Thank you so much Hiller Comerford!!!
The firm understands the situation, and are very acknowledged about the social security laws and guidelines. Staff were very friendly. The attorney that represented me was Charles Gaughan and the case manager was Olivia Fritzen. They did a wonderful job with my representation for my case. I would highly recommend The law firm of Hiller and Comerford.
Filing Deadlines for Nursing Home Neglect and Abuse
In New York, filing deadlines vary by claim type:
- Personal Injury: Usually 3 years from the incident.
- Wrongful Death: Usually 2 years from the resident’s death.
- Medical Malpractice: Often 2.5 years from the negligent act or end of treatment.
- Government Facilities: Must file a Notice of Claim within 90 days, then a lawsuit within 1 year and 90 days.
Act quickly to preserve evidence and protect your rights. A New York nursing home abuse attorney at Hiller Comerford Injury & Disability Law can help you meet deadlines and start your case immediately.
Frequently Asked Questions
Below, we answer questions that families ask most often. For personalized guidance, contact a nursing home abuse attorney today.
How is liability determined in nursing home abuse cases?
In New York, a facility is legally responsible if it breaches its duty of care. This can include understaffing, ignoring safety rules, failing to follow care plans, or allowing unqualified or dangerous employees to work. Individual staff members can also be held liable if their actions directly cause harm.
What should I do if I suspect nursing home abuse?
Ensure your loved one is safe, report the abuse to the New York State Department of Health, and document injuries. Contact a nursing home abuse attorney in NY promptly to investigate and preserve evidence.
How can I afford a nursing home abuse lawyer in New York?
Our law firm handles nursing home abuse claims on a contingency-fee basis. You pay nothing upfront; the attorney is only paid if compensation is recovered. This ensures families can pursue justice without financial risk.
Do I need a lawyer if the facility admits fault?
An admission of fault does not mean they will offer a fair settlement. A nursing home abuse lawyer in New York can make sure that the “value” of the harm is accurately calculated so your family isn’t underpaid.
What if the abuse happened years ago, but I just discovered it?
In New York, the discovery rule may extend filing deadlines if the harm was concealed or not reasonably detectable. A lawyer can review your case to determine if an exception applies.
