As a committed Nursing home accident lawyer Albany, NY, Sullivan Brill Personal Injury Attorneys is a reputable advocate for victims of elder abuse and neglect. Residents may sustain injuries from falls, medication mistakes, neglect, or abuse when nursing homes do not provide enough care.
Our knowledgeable legal team battles to obtain damages for suffering, agony, and medical expenses as well as to hold careless establishments liable. We handle every case with empathy and tenacity, making sure families receive the assistance they require in trying circumstances. Our top goal at Sullivan Brill Personal Injury Attorneys is defending your loved ones' rights and dignity.
Nursing home accident lawyer Albany, NY
Sullivan Brill Personal Injury Attorneys
279 Central Ave
Albany, New York 12206
(518) 565-1001
Getting solid proof that a resident was harmed by carelessness or wrongdoing is essential to constructing a strong nursing home accident case. The resident's medical records, which include diagnoses, treatments, prescription drugs, and any injuries they may have had, are the first important piece of evidence. These documents provide evidence of the accident's effects on the resident's health.
Records of facilities and incident reports are another important category of evidence. Records of mishaps, falls, or injuries that take place on the grounds of nursing homes must be maintained. These reports may disclose a pattern of neglect or whether staff members adhered to the correct protocols.
Additionally, witness statements are crucial. What transpired and if appropriate care was given can be inferred from the testimonies of other residents, guests, or personnel. Furthermore, the claim can be significantly strengthened by images or recordings of the injuries, dangerous circumstances (such damp floors or dangerous equipment), and the general atmosphere of the facility.
Lastly, the facility's failure to meet the recognized standard of care may be explained by expert testimony from the medical community or nursing home care specialists. An attorney for nursing home accidents can use this evidence to make a strong case for responsibility and damages.
Damages recoverable in a nursing home accident case are intended to make up for the harm caused by abuse or negligence to the victims and their families. Typically, these damages can be divided into two primary groups: non-economic damages and economic damages.
Financial losses directly related to the accident are covered by economic damages. This could include the cost of medicines, hospital stays, operations, rehabilitation, and any further care needed as a result of the accident. Additional care services outside of the nursing home that the victim or their family had to pay for might also be reimbursed.
The emotional and personal effects of the accident are addressed by non-economic damages. Compensation for mental discomfort, pain and suffering, loss of life enjoyment, and poor service quality are a few examples. The law permits damages to represent the suffering experienced by senior residents whose independence and dignity are severely impacted by incidents like falls, abuse, or neglect.
Additionally, punitive damages may be granted in situations where egregious carelessness or deliberate harm is demonstrated. Instead of directly compensating the victim, these are intended to discipline the nursing home and discourage such behavior.
A nursing home accident attorney can evaluate the case and seek full compensation to make sure the victim and their family receive justice.
Several crucial procedures must be followed in order for victims and their families to pursue justice and just compensation in a nursing home accident case. Finding out whether there was negligence or abuse usually starts with an initial appointment with a nursing home accident attorney, who will examine the case's facts, including witness testimonies, event reports, and medical records.
After then, the attorney will thoroughly look into the claim. Medical records, photos of injuries or dangerous situations, facility logs, and testimonies from employees, residents, or medical professionals are examples of the evidence that can be gathered in this way. The intention is to prove that the resident suffered direct injury as a result of the nursing home's failure to provide the recognized standard of care.
When sufficient proof has been gathered, the lawyer will formally complain to the nursing home or other accountable parties in court. Once the case enters the discovery phase, both parties exchange expert views, depositions, and documents. The attorney may also attempt to reach a settlement during this time by negotiating with the nursing home's insurance provider.
A judge or jury will decide who is at fault and award damages if a reasonable arrangement cannot be reached. At every stage, the attorney makes sure the matter is handled well and fights for the victim's rights.