New York Nursing Home Lawsuit How to File a New York Nursing Home Abuse Lawsuit Reviewed by Julie Rivers, MBA Eldercare Advocate & Expert Home / Nursing Home Legal Advice / Nursing Home Lawsuit / New York Nursing Home Lawsuit Quick Answer New York nursing home lawsuits allow families to seek justice and compensation for harm suffered in facilities throughout the state. Taking legal action can mean getting the money your family needs for medical treatment, relocation to a better facility, funeral expenses, and more. Experienced New York nursing home attorneys can hold negligent facilities accountable while making the legal process as stress-free as possible. Don’t wait to take action. Get a Free Case Review Understanding New York Nursing Home Abuse Lawsuits A New York nursing home lawsuit is a legal claim filed against nursing homes, assisted living facilities, and other long-term care facilities. New York nursing home lawsuits play a critical role in addressing all types of nursing home abuse, including neglect, physical abuse, sexual assault, and other forms of harm. Appallingly, reports of New York nursing home neglect continue to make headlines long after the scandal involving Governor Cuomo’s underreporting of COVID-19 deaths by up to 83%. For example, in 2024, the New York Attorney General exposed widespread neglect and abuse at a Long Island nursing home, resulting in significant reforms and an $86 million settlement. “For years, residents at Fulton Commons endured despicable mistreatment that left them with traumatic injuries and humiliating living conditions while the owners and operator of the facility pocketed millions of dollars.” –New York Attorney General Letitia James Additionally, AG James filed a New York nursing home lawsuit against Centers Health Care, leading to a $45 million settlement in November 2024. Nursing homes are entrusted to provide quality care and keep residents safe. When this doesn’t happen, the outcome can be tragic. By filing a New York nursing home lawsuit, you can seek the justice and compensation your family deserves. The Nursing Home Abuse Center works with top law firms across the nation. Together, they have recovered over $314 million for nursing home abuse and neglect. Find out if they may be able to help your family, too. Get a free case review right now. Get a Free Case Review by Fight back against nursing home abuse and neglect — start now with a free case review. Start My Free Case Reviewor call (855) 264-6310 New York Nursing Home Lawsuit Case Values Compensation is awarded in New York nursing home lawsuits through settlements and trial verdicts. Most nursing home abuse and neglect lawsuits end in settlements, which allow families to access compensation without ever going to court. Payouts from New York nursing home abuse lawsuits vary, depending on the specifics of the case. However, some are worth over $1 million. Here are reported New York nursing home lawsuit case values: $5 million in Manhattan for neglect resulting in brain damage and death $1 million for a resident who developed severe bedsores $1 million for a resident who choked, leading to asphyxiation and death $1 million for a 65-year-old Bronx resident for repeated and preventable falls $500,000 for an 81-year-old Brooklyn resident for poor diabetic care $425,000 to the family of a Queens County resident for wrongful death The best way to determine the value of your New York nursing home lawsuit is to get a free consultation from an experienced nursing home attorney. Get started right now by calling us at (855) 264-6310 or Click to Live Chat. Benefits of Filing a New York Nursing Home Lawsuit Filing a New York nursing home lawsuit offers several important benefits. First, successful lawsuits ensure that justice is served by holding negligent facilities accountable for their actions. This means that those responsible for inadequate care face the appropriate legal consequences. Additional benefits of filing a New York nursing home lawsuit include: Advocating for improved safety and care standards in nursing homes Preventing future abuse by holding negligent facilities accountable Seeking compensation for medical bills, relocation costs, funerals, and more Compensation from New York nursing home abuse lawsuits provides financial support to victims and their families. Lawsuits also help push for better standards of care in facilities across the state. By taking legal action, you contribute to improving safety and care for all residents. Types of New York Nursing Home Lawsuits The most common type of nursing home lawsuit is a personal injury claim filed in the civil court system. These lawsuits seek to hold nursing homes financially responsible for the harm they caused. To file a New York nursing home abuse lawsuit, your legal team must show that the nursing facility violated its duty of care, directly resulting in harm or other damages. Situations that may lead to a New York nursing home lawsuit include: Bedrail injuries Broken bones Dehydration or malnutrition Medication errors and overmedication Poor diabetic care Pressure sores, like stage 4 bedsores Repeated and preventable nursing home falls Sepsis from untreated infections Sexual abuse by staff or other residents Wrongful death Additionally, neglect is a form of abuse, so you may be able to sue a nursing home for negligence, even if it seems that the harm was unintentional. Nursing home abuse is never acceptable. Your loved one deserves justice, no matter what caused them harm. Steps in New York Nursing Home Lawsuits Generally, New York nursing home abuse lawsuits follow a set process allowing plaintiffs to seek justice and compensation. Knowing these steps can help families understand what to expect. The typical steps involved in a New York nursing home lawsuit include: Free consultation: Top nursing home abuse lawyers offer free legal case reviews to determine whether a claim may be valid. Collect evidence: Your legal team will perform an investigation to determine if abuse or neglect occurred. They will gather medical records, eyewitness accounts, video footage, expert opinions, and other evidence to build a strong case on your behalf. File the New York nursing home lawsuit: Your lawyer will file the required paperwork with the proper court and within your case’s set deadlines. Settlement negotiations: Your nursing home abuse lawyer will work to secure the highest compensation amount without you having to go to court. Court trial: If a fair settlement isn’t reached, your lawyer will take your case to court to continue fighting for your family at trial. If you are considering filing a New York nursing home abuse lawsuit, a knowledgeable attorney can guide you through each step and help you get the best possible outcome for your family. Hiring an experienced New York nursing home lawyer allows you to focus on helping your loved one recover. Meanwhile, your legal team will work hard to get your family the financial support and justice you deserve. Who Can File a New York Nursing Home Lawsuit? Victims of nursing home abuse may be able to file a New York nursing home lawsuit if the facility they were in caused harm. Additionally, family members may be able to take legal action if their loved one has tragically passed away or is too frail to act on their own behalf. Generally, these parties may be able to file a nursing home lawsuit: Individual victims: If you personally experienced abuse or neglect in a nursing home or other care facility Family members: Spouses or other close relatives of a loved one who suffered from abuse or neglect Estate representatives: Executors or personal representatives if the abuse led to the victim’s death To take action for nursing home abuse or neglect, working with an experienced attorney can help you navigate the process with as little added stress as possible. Don’t wait to find out if you may be able to file a New York nursing home lawsuit. Get started right now with a free case review. Worried About Nursing Home Abuse or Neglect?When you're ready to act, here’s what to expect:1. Spot Red Flags Before It’s Too Late Look for bedsores, confusion, weight loss, fear, or silence. 2. Reach Out to Our Team, Day or Night Speak with a trained advocate who listens and understands. 3. Our Legal Partners File Your Lawsuit We handle the paperwork and figure out who’s responsible. 4. You Get Help — and Money If We Win Receive financial compensation and get justice. Start My Free Case Review When Should I File a New York Nursing Home Lawsuit? You should file a New York nursing home lawsuit as soon as possible for several critical reasons. First, laws called statutes of limitations place strict deadlines on filing lawsuits, and they vary by state. Typically, the statute of limitations for New York nursing home abuse lawsuits is 3 years from the date when the injury is discovered. The statute of limitations on wrongful death claims is usually 2 years from the date of death. Additionally, taking immediate action is beneficial because evidence can be gathered while it is still fresh. Witnesses usually have better recollection of events, and it is often easier to obtain physical evidence shortly after the incident occurs. If you or a loved one was harmed due to neglect or abuse, consider filing a New York nursing home lawsuit without delay. Call us at (855) 264-6310 right now to get started. New York Elder Abuse Laws Elder abuse laws in New York are designed to protect older adults, defined as individuals age 60 and older, from various forms of mistreatment. New York elder abuse laws cover physical harm, financial exploitation, and other abuses, ensuring that older adults receive the care and respect they deserve. Here are 7 key protections provided by New York elder abuse laws: Physical harm: It is a crime to harm a person age 65 or older, especially if the abuser is significantly younger. Financial exploitation: Laws target schemes that defraud older adults, protecting them from financial abuse. Hate crimes: Tougher penalties are imposed for crimes against those 60 and older due to their age. Witness testimony: Courts can record and preserve testimony from ill or incapacitated elderly witnesses, ensuring their evidence is used even if they can’t attend the trial. Trial priorities: Civil cases involving litigants who are 70 or older are given priority in court to expedite the legal process. Orders of protection: Immediate safety measures can be provided through orders of protection in elder abuse cases. Guardianship: Courts can appoint guardians for seniors who cannot care for themselves, ensuring their needs are met. Local support is also available through Adult Protective Services (APS) in New York City and various counties. Additionally, the New York State Unified Court System and the Center for Court Innovation work together to provide resources and training for identifying and addressing elder abuse in New York. Get a Free Case Review by Fight back against nursing home abuse and neglect — start now with a free case review. Start My Free Case Reviewor call (855) 264-6310 New York Nursing Home Lawsuit Service Areas The lawyers and law firms in our network can help families file New York nursing home lawsuits across the state. Some of our New York nursing home lawsuit service areas include: Albany Allegany Auburn Batavia Beacon Binghamton Bronx Broome Buffalo Canandaigua Cattaraugus Cayuga Chautauqua Chemung Chenango Clinton Columbia Cortland Delaware Dunkirk Dutchess Elmira Erie Essex Franklin Freeport Fulton Genesee Geneva Glen Cove Greene Hamilton Hemstead Herkimer Hudson Ithaca Jamestown Jefferson Kings (Brooklyn) Kingston Lewis Livingston Lockport Long Beach Madison Middletown Monroe Montgomery Mount Vernon Nassau New Rochelle New York City Newburgh Niagara North Tonawanda Olean Oneida Onondaga Ontario Orange Orleans Oswego Otsego Peekskill Poughkeepsie Putnam Queens Rensselaer Richmond (Staten Island) Rochester Rockland Rye Saratoga Saratoga Springs Syracuse Schenectady Schoharie Schuyler Seneca St. Lawrence Steuben Suffolk Sullivan Syracuse Tioga Tompkins Troy Ulster Utica Valley Stream Warren Washington Watertown Wayne Westchester White Plains Wyoming Yates Yonkers Zipcodes: 10157 10309 10468 10560 10597 10970 11236 11386 11592 11935 12007 12138 12194 12325 12489 12496 12502 12520 12604 12770 12831 12841 12844 12922 12950 12962 12976 13113 13142 13158 13214 13317 13329 13408 13420 13436 13468 13469 13648 13659 13756 13844 13845 13850 14131 14215 14416 14418 14477 14513 14517 14527 14541 14569 14590 14626 14757 14774 14788 14872 14876 14881 Show More Our legal partners can file New York nursing home neglect lawsuits throughout the state. If your area is not listed, call the Nursing Home Abuse Center right now at (855) 264-6310 to see if we can help. Get Help Filing a New York Nursing Home Lawsuit Nursing home abuse and neglect cases can be complex. For best results, work with a lawyer with both legal expertise and a dedication to advocating for your family’s unique needs. The Nursing Home Abuse Center team understands that protecting your loved one is your top priority. We believe that having the right New York nursing home abuse lawyer can greatly improve the outcome of your case. We partner with some of the best nursing home lawyers across the nation. Together, they have helped families recover over $314 million for nursing home abuse and neglect, including in New York facilities. Experienced New York nursing home abuse attorneys can provide clear guidance throughout the entire legal process. They will tirelessly fight for your rights and pursue the compensation your family deserves. Call us right now at (855) 264-6310 or get a free case review to find out how we can help your family recover after nursing home neglect or elder abuse in New York. New York Nursing Home Lawsuit FAQsWhat is the average New York nursing home lawsuit settlement?New York nursing home settlements can range from hundreds of thousands to millions of dollars. Settlement amounts vary widely, depending on factors like the severity of the harm, strength of the evidence, and quality of legal representation. Consulting an experienced attorney in elder law and nursing home abuse is essential. They can evaluate your case and estimate your potential payout. Get a free case review right now to see if we can connect you with a top New York nursing home lawyer. What is the statute of limitations for nursing home negligence in NY?In New York, you generally have 3 years from the date that the injury was discovered (or should have been discovered) to sue a nursing home for abuse or neglect. Wrongful death cases typically must be filed within 2 years from the date of death. However, these laws can be challenging to navigate, so it’s advisable to consult with an experienced New York nursing home attorney to understand the specific time limits for your case. How do I file a complaint against a nursing home in New York?To file a complaint against a nursing home in New York, you can: Call the Nursing Home Complaint Hotline at 1-888-201-4563 Fill out the online Nursing Home Complaint Form on the New York State Department of Health’s website Forms are available in multiple languages, and complaints can be made anonymously. Who oversees New York nursing homes?The New York State Department of Health, Division of Quality and Surveillance for Nursing Homes and ICFs/MR oversees nursing homes in New York. This division is responsible for investigating complaints about resident abuse, neglect, mistreatment, and incidents that violate state or federal regulations. What is the biggest complaint in nursing homes?The biggest complaint in nursing homes is often related to neglect. Neglect can occur in two forms: Active neglect: Caretaking responsibilities are intentionally withheld Passive neglect: Unintentional failure to fulfill these responsibilities due to lack of ability, education, or resources Signs of neglect include poor hygiene, untreated medical conditions, malnutrition, and unsafe living conditions. These issues can severely impact the well-being and quality of life of nursing home residents. What is the lawsuit against Cold Spring Hills?The lawsuit against Cold Spring Hills was filed by the New York State Attorney General in December 2022. It accused the nursing home of widespread resident neglect and abuse. In 2024, the Attorney General secured $86 million in settlements and significant reforms to improve the conditions and care for residents at the facility. Nursing Home Abuse Support TeamLast modified: July 30, 2025Reviewed by:Julie Rivers, MBAEldercare Advocate & ExpertFact-CheckedEditorJulie Rivers is an eldercare advocate with over 15 years of dedicated service to victims of nursing home abuse and neglect. Her journey in this field became deeply personal when she assumed the role of an unpaid caregiver during her mother’s battle with Alzheimer’s disease. Written by:The Nursing Home Abuse Center TeamThe Nursing Home Abuse Center (NHAC) was founded to bring justice to those affected by nursing home and elder abuse. Our mission is to educate and empower victims of abuse and their families to take a stand against this unlawful mistreatment. We work to return dignity back to those who have been broken down by nursing home abuse and neglect. View Sources The Associated Press. (2024, November 14). New York nursing home operator accused of neglect settles with state for $45M. Retrieved from https://apnews.com/article/nursing-home-settlement-james-new-york-ff79ff78874317cb51cc55215b1bbf84. New York State Department of Health. (n.d.). Nursing home complaint form. Retrieved from https://apps.health.ny.gov/surveyd8/nursing-home-complaint-form. New York State Unified Court System. (n.d.). Elder justice bench guide. Office of Policy & Planning. Retrieved from https://www.nycourts.gov/legacypdfs/EJ-Bench-Guide.pdf. Office of the New York State Attorney General. (2024, March 4). Attorney General James secures $86 million and significant reforms for Long Island nursing home residents. Retrieved from https://ag.ny.gov/press-release/2024/attorney-general-james-secures-86-million-and-significant-reforms-long-island.