At Kelner & Kelner, we understand the distress that families face when their loved ones suffer from injuries or neglect in nursing homes. When you entrust a nursing home with the care of your elderly or disabled family member, you expect a high standard of attention, safety, and respect. Unfortunately, this is not always the case. Our nursing home injury lawyer team is here to help when nursing home negligence or abuse leads to harm, and we are committed to advocating for the rights of those who cannot always advocate for themselves.

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Injured in NYC? Contact Kelner and Kelner today at (212) 235-1027 or through our website.

Why Choose Kelner & Kelner for Your Nursing Home Injury Case?

• Our legal team is comprised of 10 dedicated New York nursing home injury lawyers with 75 years of experience in actual practice, not just combined experience.
• We have a legacy spanning three generations since 1950, blending time-honored wisdom with cutting-edge legal strategies specifically tailored for nursing home injury cases.
• Our firm has successfully handled thousands of nursing home injury cases, resulting in millions in settlements for our injured clients and their families.
• Kelner & Kelner, nursing home injury attorneys, have been consistently recognized for excellence with decades of Top Super Lawyers awards in the field of elder law and personal injury.
• We offer a personalized approach: Unlike high-volume firms, we assign a dedicated New York nursing home injury lawyer to handle your case from start to finish personally.
• Our commitment to quality over quantity means we maintain a focused caseload, investing the necessary time, resources, and energy into each unique nursing home injury case.
• We operate on a "Pay Nothing Unless You Win" basis, ensuring our nursing home injury legal services are accessible to all who need them.
• Our reputation in New York's legal community is unparalleled: fellow New York attorneys regularly entrust us with their most sensitive nursing home injury cases through referrals.
• We are conveniently located in the heart of New York City at 7 World Trade Center, making us easily accessible for nursing home injury victims and their families across the metropolitan area.

Financial Compensation You May Be Entitled to After a Nursing Home Injury

At Kelner & Kelner, our nursing home injury lawyers understand the significant impact that negligence or abuse in a care facility can have on residents and their families. When pursuing a nursing home injury case, it's important to be aware of the various types of compensation that may be available. While every case is unique, here are some of the most common forms of financial compensation you might be entitled to:

Medical Expenses

• Current medical bills: This includes costs for emergency room visits, hospital stays, surgeries, medications, and any other immediate medical care required due to the injury.
• Future medical expenses: If the injury requires ongoing treatment, rehabilitation, or long-term care, these anticipated costs can be included in your claim.
• Assistive devices: Wheelchairs, walkers, or other medical equipment needed as a result of the injury may be compensable.

Pain and Suffering

Physical pain and emotional distress caused by the injury can be significant. While it's challenging to assign a monetary value to these experiences, compensation for pain and suffering is often a substantial part of nursing home injury settlements.

Mental Anguish

The psychological impact of nursing home injuries can be profound. Compensation may be available for anxiety, depression, PTSD, or other mental health issues resulting from the incident.

Loss of Enjoyment of Life

If the injury has diminished the resident's ability to engage in activities they once enjoyed or reduced their overall quality of life, compensation may be sought for this loss.

Disability or Disfigurement

In cases where the injury results in permanent disability or disfigurement, additional compensation may be available to account for the long-term impact on the resident's life.

Punitive Damages

In cases of extreme negligence or intentional harm, punitive damages may be awarded. These are intended to punish the wrongdoer and deter similar behavior in the future.

Wrongful Death Damages

If a nursing home injury results in the resident's death, surviving family members may be entitled to wrongful death damages. These can include:

• Funeral and burial expenses
• Loss of financial support
• Loss of companionship and guidance
• The deceased's pain and suffering before death

Loss of Consortium

In some cases, spouses of injured nursing home residents may be able to claim compensation for loss of consortium, which refers to the deprivation of the benefits of a family relationship due to the injuries.

Out-of-Pocket Expenses

Any additional costs incurred as a direct result of the injury, such as transportation to medical appointments or hiring in-home care, may be recoverable.

Relocation Costs

If the injury necessitates moving the resident to a different facility for their safety, the costs associated with this move might be included in the compensation claim.

Lost Income of Family Caregivers

In some situations, family members may need to take time off work to care for their injured loved one. Compensation for this lost income may be pursued.

Breach of Contract

If the nursing home failed to provide services as outlined in their contract with the resident, there may be grounds for additional compensation based on this breach.

As nursing home injury attorneys, we at Kelner & Kelner are committed to helping our clients pursue the full range of compensation to which they may be entitled. We understand that no amount of money can truly make up for the harm caused by nursing home negligence or abuse. However, fair compensation can provide the resources needed for proper care and help hold negligent facilities accountable.

How a Nursing Home Injury Lawyer Can Help

At Kelner & Kelner, we understand the challenges families face when a loved one suffers an injury due to nursing home negligence or abuse. Navigating the legal system in such cases can be overwhelming, especially when dealing with the emotional and physical impact of the injury. That’s where a nursing home injury lawyer can make a significant difference. Our experienced legal team is here to help you every step of the way, ensuring that your loved one’s rights are protected and that justice is pursued.

Investigating the Nursing Home Injury Incident

One of the first steps a nursing home injury lawyer will take is conducting a thorough investigation of the incident. Nursing homes may not always be forthcoming about the circumstances that led to the injury, and gathering evidence on your own can be difficult. At Kelner & Kelner, we will:

• Review medical records and care logs
• Interview witnesses, including staff members and other residents
• Consult with medical experts to understand the extent of the injury and whether proper care protocols were followed
• Examine the nursing home’s history for any prior incidents of neglect or abuse

By gathering and analyzing all relevant information, we can build a strong case to prove that the nursing home failed to meet its duty of care.

Determining Liability After a Nursing Home Injury

A critical aspect of any nursing home injury case is determining who is responsible for the harm caused. In some cases, liability may rest with the individual staff members who directly cared for your loved one, but in many instances, the nursing home itself may be held accountable for broader systemic issues, such as:

• Understaffing: Nursing homes are required to have adequate staff to meet the needs of all residents. If the facility is understaffed, it may lead to neglect, which can result in injuries.
• Inadequate Training: Staff members must be properly trained to handle the unique needs of elderly or disabled residents. Failure to provide sufficient training can lead to mistakes that cause harm.
• Failure to Maintain a Safe Environment: Nursing homes must ensure that the premises are safe and free of hazards. Slip-and-fall accidents, for example, may occur if the facility fails to maintain clean and hazard-free environments.

At Kelner & Kelner, our nursing home injury attorneys will work to identify all parties responsible for the injury, ensuring that the appropriate individuals or entities are held accountable.

Negotiating with Insurance Companies After an Injury in a Nursing Home

In many nursing home injury cases, compensation is sought through the nursing home’s insurance provider. However, dealing with insurance companies can be complicated, as they often aim to minimize payouts or deny claims altogether. Our nursing home injury lawyers are experienced in negotiating with insurance companies to ensure that you receive fair compensation for your loved one’s injuries. We will:

• Present evidence that supports your claim
• Engage in negotiations to achieve a settlement that reflects the full extent of your loved one’s damages
• Advise you on whether a settlement offer is fair or if further legal action is necessary

If the insurance company fails to provide a satisfactory settlement, we are fully prepared to take your case to court.

Pursuing Legal Action When a Nursing Home Injury Occurs

In cases where a fair settlement cannot be reached, filing a lawsuit may be the best course of action to obtain the compensation your family deserves. As your nursing home injury attorneys, Kelner & Kelner will guide you through the litigation process, handling all legal aspects of the case so you can focus on your loved one’s recovery. This includes:

• Drafting and filing the necessary legal documents
• Representing you in pre-trial hearings and negotiations
• Advocating for you in court, presenting a compelling case to the judge and jury

We will work diligently to secure a favorable verdict, ensuring that your loved one’s rights are upheld and that the nursing home is held accountable for its negligence or misconduct.

Securing Maximum Compensation for a Nursing Home Injury 

At Kelner & Kelner, our primary goal is to secure the maximum possible compensation for your loved one’s injuries. We understand that nursing home injuries can result in a wide range of damages, both financial and emotional. The compensation we seek may cover:

• Medical expenses: This includes all current and future medical costs related to the injury, including hospital stays, surgeries, rehabilitation, and ongoing care.
• Pain and suffering: Compensation for the physical and emotional toll the injury has taken on your loved one, including loss of enjoyment of life.
• Rehabilitation and long-term care: If your loved one requires long-term care due to the injury, we will seek compensation for these ongoing expenses.
• Punitive damages: In cases of egregious negligence or abuse, the court may award punitive damages to punish the nursing home and deter similar behavior in the future.

By thoroughly assessing the full scope of the injury and its impact on your loved one’s life, we ensure that you receive the financial compensation needed to provide the best possible care moving forward.

Providing Compassionate Support

We understand that pursuing a nursing home injury case is not just about securing compensation—it’s about finding justice for your loved one and ensuring that the nursing home is held accountable. Throughout the process, our legal team at Kelner & Kelner will provide the compassionate support you need. We will keep you informed at every stage of the case, answer your questions, and ensure that your family feels confident in the legal actions being taken on your behalf.

Holding Nursing Homes Accountable

A nursing home injury lawyer's most important role is holding negligent nursing homes accountable for their actions. When nursing homes fail to provide the care and attention that residents need, it can have devastating consequences. By pursuing legal action, you are not only seeking justice for your loved one, but also helping to prevent future incidents of neglect and abuse in these facilities.

At Kelner & Kelner, we believe that nursing homes must be held to the highest standards of care, and we are committed to advocating for the rights of residents who have been wronged. By bringing these cases to light, we can help ensure that nursing homes in New York City are safe, caring environments for all residents.

Common Nursing Home Injuries

As nursing home injury lawyers, we at Kelner & Kelner frequently encounter various types of injuries that occur in long-term care facilities. Understanding these common injuries can help families recognize potential signs of neglect or abuse and take appropriate action. Here's an overview of some of the most prevalent nursing home injuries:

• Falls and Fractures: Falls are one of the most common and serious threats to nursing home residents. Elderly individuals are often more susceptible to falls due to mobility issues, medication side effects, or environmental hazards. Consequences can range from minor bruises to severe fractures, particularly hip fractures, which can significantly impact an elderly person's quality of life and overall health.
• Bedsores (Pressure Ulcers): Also known as pressure sores or decubitus ulcers, bedsores develop when a resident remains in one position for extended periods without proper repositioning. These painful sores can lead to severe infections if left untreated. Bedsores are often a sign of neglect and can be prevented with proper care and attention.
• Medication Errors: Mistakes in medication administration can have serious consequences for nursing home residents. These errors may include giving the wrong medication, incorrect dosage, or failing to administer prescribed medications. The results can range from adverse reactions to potentially life-threatening situations.
• Malnutrition and Dehydration: Proper nutrition and hydration are crucial for the health of elderly residents. Malnutrition can occur due to inadequate food quality, lack of assistance with eating, or underlying health conditions. Dehydration is also a serious concern, often resulting from insufficient fluid intake or certain medications.
• Infections: Nursing home residents are particularly vulnerable to infections due to weakened immune systems and close living quarters. Common infections include urinary tract infections (UTIs), respiratory infections, and skin infections. Proper hygiene practices and timely medical intervention are essential in preventing and treating these conditions.
• Physical Restraint Injuries: While the use of physical restraints is strictly regulated, improper application or overuse can lead to injuries such as bruising, skin tears, or even strangulation. Restraints should only be used as a last resort and under close supervision.
• Emotional and Psychological Trauma: While not always visible, emotional abuse or neglect can have profound effects on nursing home residents. Signs may include withdrawal, depression, anxiety, or sudden changes in behavior. These injuries can be just as damaging as physical ones and require equal attention from caregivers and legal professionals.
• Wandering and Elopement: Injuries Residents with cognitive impairments, such as dementia or Alzheimer's disease, may be prone to wandering. If proper security measures are not in place, residents may leave the facility unsupervised (elopement), potentially leading to injuries from falls, exposure to elements, or traffic accidents.
• Choking and Aspiration: Difficulties with swallowing (dysphagia) are common among elderly individuals, particularly those with neurological conditions. Improper food preparation or lack of supervision during meals can lead to choking incidents or aspiration pneumonia, a serious condition caused by inhaling food or liquid into the lungs.
• Burns: Burns can occur from various sources in nursing homes, including hot water, heating pads, or even cigarettes if smoking is permitted. These injuries can be particularly dangerous for elderly residents with thinner, more fragile skin.
• Traumatic Brain Injuries (TBIs): Falls or other accidents in nursing homes can sometimes result in traumatic brain injuries. Even seemingly minor head injuries can have serious consequences for elderly individuals, potentially leading to cognitive decline, behavioral changes, or other long-term effects.
• Fractures and Broken Bones: In addition to hip fractures from falls, nursing home residents may suffer other types of fractures. Osteoporosis, a common condition in the elderly, makes bones more susceptible to breaking. Fractures of the wrist, arm, ankle, or vertebrae can occur from falls or improper handling during transfers.

As nursing home abuse attorneys, we are committed to helping families understand and address these common injuries. If you suspect your loved one has suffered any of these injuries due to negligence or abuse in a nursing home, it's crucial to seek legal advice promptly. Our nursing home abuse lawyers can help investigate the circumstances, determine liability, and pursue appropriate compensation for the harm caused.

Remember, many of these injuries are preventable with proper care, adequate staffing, and appropriate safety measures. By staying informed and vigilant, families can play a crucial role in ensuring the safety and well-being of their loved ones in nursing homes.

Signs of Nursing Home Negligence or Abuse

Families often trust nursing homes to care for their loved ones, which can make it difficult to recognize when something is wrong. However, some signs may indicate negligence or abuse in a nursing home setting. It’s important to remain vigilant and take action if you notice any of the following warning signs:

• Unexplained Injuries: Bruises, cuts, broken bones, or other injuries that do not have a clear explanation may be a sign of neglect or abuse.
• Sudden Changes in Behavior: If your loved one becomes withdrawn, depressed, or unusually agitated, it could be a sign of emotional abuse or mistreatment.
• Poor Hygiene: Nursing homes are responsible for helping residents maintain personal hygiene. If you notice that your family member’s clothes are frequently dirty, or if they appear unkempt, this could be a sign of neglect.
• Rapid Weight Loss: Unexplained weight loss could indicate malnutrition or dehydration, both of which are serious forms of neglect.
• Bedsores: Bedsores or pressure ulcers are a strong indication that a resident is not receiving the necessary care, particularly if they are bedridden or immobile.
• Unresponsiveness to Complaints: If you raise concerns with nursing home staff and notice that they are dismissive or slow to take action, this may suggest a pattern of neglect or insufficient care.

Legal Options for Nursing Home Injuries

If you believe that your loved one has been injured due to nursing home negligence or abuse, you have the right to seek legal recourse. At Kelner & Kelner, our nursing home injury lawyers are here to help you navigate the legal process and hold the responsible parties accountable.

When pursuing a claim against a nursing home, there are several legal options available, including:

• Personal Injury Lawsuits: A personal injury lawsuit allows you to seek compensation for medical expenses, pain and suffering, and other damages resulting from the injury. Our nursing home abuse lawyers will work to establish that the nursing home staff or administration failed to provide the standard of care required, leading to harm.
• Wrongful Death Lawsuits: If a loved one passes away due to nursing home negligence or abuse, you may be able to file a wrongful death lawsuit. This type of claim allows you to seek compensation for funeral costs, emotional distress, and the loss of companionship.
• Negligence Claims: Nursing home injury lawyers can help you file a negligence claim if the injury occurred due to the facility's failure to meet its duty of care. This could include improper staffing, inadequate training, or poor facility maintenance.

What To Do If You Suspect a Loved One Is Being Abused in a Nursing Facility

At Kelner & Kelner, we understand that suspecting abuse of a loved one in a nursing facility can be a distressing and overwhelming experience. As nursing home injury lawyers, we've guided many families through this challenging situation. Here are the steps we recommend if you suspect your loved one is being abused or neglected:

Ensure Immediate Safety

Your loved one's safety is the top priority. If you believe they are in immediate danger, contact local law enforcement or emergency services right away.

Document Everything

• Keep a detailed journal of your observations, including dates, times, and specific incidents that raised your suspicions.
• Take photographs of any visible injuries, unsanitary conditions, or other evidence of neglect or abuse.
• Save any communication with the nursing home staff or administration regarding your concerns.

Speak with Your Loved One

If possible, talk to your family member privately about your concerns. Listen carefully to their responses and take notes. Remember that some seniors may be hesitant to report abuse due to fear or cognitive impairments.

Report Your Concerns to the Nursing Home Administration

• Formally report your concerns to the nursing home's management in writing.
• Request a care plan meeting to discuss your observations and concerns.
• Ask for a written response detailing how they plan to address the issues.

Seek Medical Attention

If you suspect physical abuse or neglect, have your loved one examined by a doctor not affiliated with the nursing home. This can provide crucial documentation of any injuries or health issues resulting from the suspected abuse.

Consider Transferring Your Loved One

If you believe your family member is in an unsafe environment, consider moving them to a different facility or exploring alternative care options.

Gather Information

• Obtain copies of your loved one's medical records.
• Review the nursing home's policies and procedures.
• Collect contact information for potential witnesses, including other residents, visitors, or staff members.

Consult with a Nursing Home Injury Lawyer

Contact an experienced nursing home injury attorney, like those at Kelner & Kelner. We can:

• Evaluate your case and advise you on your legal options
• Help you navigate the complex legal process
• Ensure all necessary evidence is properly collected and preserved
• Represent your interests in negotiations with the nursing home or in court if necessary

Remember, nursing home abuse can take many forms, including physical, emotional, sexual, and financial abuse, as well as neglect. Some signs may be subtle, so trust your instincts if something doesn't feel right.

Our nursing home abuse lawyers are committed to protecting the rights and dignity of elderly residents. If you suspect your loved one is being abused in a nursing facility, don't hesitate to reach out to us. We can provide guidance on these steps, help you understand your legal rights, and support you in seeking justice for your family member.

Protect Your Loved One's Rights - Act Now

If you suspect your family member has suffered abuse or neglect in a nursing home, don't wait to take action. At Kelner & Kelner, our nursing home injury lawyers are ready to help you navigate this challenging situation and fight for the justice your loved one deserves.

Contact us today for a confidential consultation. Let us put our knowledge and resources to work for you and your family.

Free Consultation- Act Now

Injured in NYC? Contact Kelner and Kelner today at (212) 235-1027 or through our website.

New York City Nursing Home Injury Lawyer FAQs

How long do I have to file a nursing home injury lawsuit in New York City?

In New York, the statute of limitations for nursing home injury cases is generally three years from the date of the injury. However, if the case involves wrongful death, the time limit is typically two years from the date of death. It's crucial to consult with a nursing home injury lawyer as soon as possible to ensure you don't miss any important deadlines.

What if my loved one signed an arbitration agreement with the nursing home?

Many nursing homes include arbitration agreements in their contracts. These agreements can limit your ability to file a lawsuit. However, these agreements aren't always enforceable. A nursing home injury lawyer can review the agreement and may be able to challenge its validity based on various factors, such as the circumstances under which it was signed.

Can I file a lawsuit if my loved one has dementia and can't remember the details of the abuse?

Yes, you can still pursue legal action. Cases involving residents with dementia often rely on other forms of evidence, such as medical records, witness testimonies, and expert opinions. Our team of nursing home injury lawyers is experienced in handling cases involving cognitively impaired residents.

What if the nursing home is understaffed? Is this grounds for a lawsuit?

Understaffing can certainly contribute to neglect and injuries in nursing homes. If understaffing led to substandard care and resulted in injury, it could be grounds for a lawsuit. Nursing homes have a duty to maintain adequate staffing levels to meet residents' needs.

How are nursing home injury cases typically settled in New York City?

Many nursing home injury cases in New York City are settled out of court through negotiations between the plaintiff's lawyer and the nursing home's insurance company. However, we are prepared to take the case to trial if a fair settlement can't be reached. The settlement or verdict amount depends on various factors, including the injury's severity and the evidence's strength.

What if my loved one passed away before we could file a lawsuit?

If your loved one died as a result of nursing home neglect or abuse, you may be able to file a wrongful death lawsuit. In New York, these lawsuits are typically filed by the personal representative of the deceased's estate on behalf of the surviving family members.

Are there any specific New York City regulations for nursing homes that could affect my case?

Yes, New York City nursing homes must comply with both state and local regulations. For example, the NYC Department of Health and Mental Hygiene regularly inspects nursing homes. Violations of these local regulations can strengthen a nursing home injury case.

How long do nursing home injury cases typically take to resolve in New York City?

The duration of a case can vary widely depending on its complexity and whether it goes to trial. Some cases may be resolved in a matter of months, while others can take a year or more. Our nursing home abuse lawyers work diligently to resolve cases as efficiently as possible while still pursuing the best possible outcome for our clients.

What if the nursing home offers a settlement right away?

Be cautious about accepting early settlement offers. These initial offers are often lower than what you might be entitled to receive. It's advisable to consult with a nursing home abuse lawyer before accepting any settlement offer. Our nursing home abuse attorneys can evaluate the offer and advise you on whether it adequately compensates for the injuries and damages suffered.

Can I file a lawsuit if my loved one was injured in a nursing home during the COVID-19 pandemic?

The COVID-19 pandemic has complicated some aspects of nursing home litigation. However, if a nursing home failed to take reasonable precautions to protect residents from COVID-19 or other injuries during this time, you may still have grounds for a lawsuit. These cases are evaluated on an individual basis, considering the specific circumstances and the nursing home's actions or inactions.

How does Kelner & Kelner handle nursing home injury cases differently from other firms in New York City?

At Kelner & Kelner, we bring a personalized approach to each nursing home injury case. Our nursing home abuse attorneys combine our deep understanding of New York City's legal landscape with a commitment to individualized attention for each client. Our team of nursing home injury lawyers works collaboratively, leveraging our collective experience to build the strongest possible case for each client.