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(516) 394-4200 
(516) 394-4200
Placing a loved one in a nursing home requires a significant amount of trust. If a nursing home employee violates that trust by assaulting your loved one, they could face both civil and criminal penalties. Navigating this legal process can be complex, especially when you’re already dealing with anger and distress. A Long Island nursing home assault and battery lawyer can guide you through the process. Your nursing home abuse attorney will assess the strength of your case, gather crucial evidence, and build a strong argument to help you achieve the best possible outcome.
New York Penal Law § 120.00 defines third-degree assault as intentionally or recklessly causing a physical injury to someone else. Third-degree assault is classified as a class A misdemeanor, while first and second-degree assault are felony offenses. A person may be charged with felony assault if they use a deadly weapon, intend to cause serious or permanent injury, or if other aggravating factors apply. In New York, battery is not considered a separate crime. Nursing home staff may assault residents by hitting, kicking, slapping, or unnecessarily restraining them. While there is never a justification for harming a vulnerable person, nursing home employees may be more likely to commit assault when they feel frustrated or overwhelmed in their jobs.
Assault is a crime, meaning nursing home employees who commit an assault may face criminal penalties such as fines, jail time, and/or probation. In addition to criminal charges, the injured resident has the right to file a personal injury lawsuit. A successful lawsuit would require the perpetrator to pay financial compensation to the victim. This may cover medical expenses related to the assault, the cost of relocating to a different nursing home, and non-economic damages for pain, fear, and emotional distress. Depending on the circumstances, the nursing home itself may also be liable. For example, if the employee had a known history of workplace violence and the employer failed to check references, the facility could be held responsible. A Long Island attorney can help determine liability in cases of nursing home assault and battery.
Lawsuits can be complicated. A Long Island lawyer can gather the necessary evidence to prove that a nursing home employee assaulted a resident, including properly referencing information from any related criminal case. If the facility is also liable, the attorney must demonstrate that it knew or should have known about the assault or risk of assault. The lawyer will negotiate with the other party’s legal team in an effort to reach a fair pre-trial settlement. If a settlement cannot be reached, they will represent the injured person at trial. An experienced attorney understands what constitutes fair compensation, which is crucial for effective negotiations.
Discovering that your loved one has been assaulted in a nursing home can be devastating. The employee responsible for the injuries may face both civil and criminal penalties. A Long Island nursing home assault and battery lawyer can help families and residents seek justice and obtain the compensation needed for future care. Contact Duffy & Duffy today to start the process with a free consultation.
After years of serving New York–including the Bronx, Queens and Nassau, Suffolk and Kings Counties–, we are confident our injury lawyers can assist you with your claim. We are well respected by our clients, who appreciate not only the outcomes we’ve provided but also the care in which we resolved their cases. As you can see from our successful settlements, we offer excellent results, though the outcome varies depending on the case. Regardless of your case details, you can rest assured our Long Island car accident attorneys will always fight for you as you seek compensation to pay for medical bills, vehicle repairs and more. You deserve to be made whole again after your accident, and Duffy & Duffy is here to help.
No. Our injury cases are handled on a contingent retainer. You pay nothing upfront, and we recover attorney’s fees only if your litigation is successful. We don’t bill by the hour. You don’t need to worry about running up a large attorney’s bill before you see any recovery for your injuries.
Yes. Our firm is dedicated to creating a strong relationship with our clients, beginning with keeping your information and consultation confidential.
Each case we encounter is carefully screened and evidence scrutinized to make sure the claim is meritorious and may be successful at trial. We will perform an investigation, and then our partners make a final decision on whether to take on a case.
