Hear from Justin Cohen
Partner at Kotlar, Hernandez & Cohen:
Our unique elder abuse process:
And we don’t get paid unless you do.
Kotlar, Hernandez & Cohen
Board-Certified Civil Trial Attorneys
At Kotlar, Hernandez & Cohen, we have over 25 years of experience helping elder abuse victims get justice.
Our experienced team of litigators fights for you every step of the way.
Looking for More Specific Answers?
In most cases, reports of abuse or neglect should be made to the local ombudsman office. Ombudsmen are independent state-level advocates who work on behalf of nursing home residents and their loved ones to ensure quality care and resolve disputes. Residents or loved ones can contact their local ombudsman office via phone or through the website of their states’ long-term care ombudsman program in order to submit formal complaints.
Additionally, residents or their loved ones may also choose to contact adult protective services, the police department, or an attorney or law firm that specializes in nursing home negligence and elder abuse if they believe criminal activity has taken place. It’s important to take action quickly in order to prevent further harm from coming to you or your loved one or to any other residents in the facility.
Nothing up front. All fees are on a contingency basis, meaning we only get paid if you do.
Like most nursing home negligence and elder abuse lawyers, our fee is usually 1/3 of the amount recovered by our work. This is due to the vast amount of time and resources our firm invests in the investigation, discovery, expert witnesses, and preparation of evidence for your case.
Most importantly, we don’t get paid a cent until you do, which drives us to exceed expectations and fight to win every case we bring on.
Is it necessary to hire an attorney when filing a complaint against negligent parties in a nursing home?
It is not always necessary to hire an attorney when filing a complaint against negligent parties in a nursing home. However, it may be beneficial if not imperative depending on the specifics of the case.
If there has been physical abuse or severe negligence resulting in serious injuries or death, then we highly recommended that individuals secure the services of an experienced attorney who understands how these types of cases work before taking any legal action. An attorney can provide guidance and advice throughout the process as well as help ensure that your rights are being protected and that justice is served.
When taking legal action against a negligent party in a nursing home setting, it is important to have evidence that demonstrates neglect or mistreatment has taken place within the facility. Evidence can include witness statements from other residents or staff members at the home, medical records that show changes in the resident’s health or condition, photos or videos of injuries sustained due to negligence, and any other type of documentation related to the case such as police reports or court documents.
Having sufficient evidence will be essential for proving your case in court, so when contacting an attorney it’s best to have as much documentation available for their review. However, if you are unable to obtain evidence, your attorney may be able to help you collect the necessary information.
Is there a time limit for filing complaints against negligent parties in a nursing home negligence case?
Yes, there is a time limit for filing complaints against negligent parties in a nursing home setting. Depending on the state, civil action must be taken within one to three years from the date that abuse or neglect was discovered or should reasonably have been discovered. It’s important to take quick action after discovering any mistreatment so as not to miss this deadline and lose your chance at seeking justice.
When it comes to caring for elderly family members, one of the most important considerations is making sure they are safe and secure in their
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