What Does an Elder Care Law Lawyer Do?
Elder care law lawyers in NJ are advocates for the elderly and their loved ones. Most elder care law lawyers handle a wide range of legal matters affecting an older or disabled person. These may include issues related to health care, long term care planning, guardianship, retirement, Social Security, Medicare/Medicaid, and other important matters.
They can they handle important financial and estate planning matters and also take care of day-to-day issues affecting the actual care of seniors, such as assisted living and life planning. They are often more equipped to handle the sensitive emotional and physical needs of older or disabled adults and are therefore able to handle a variety of challenging situations.
How Can an Elder Law Lawyer Help Me?
An elder law lawyer can help with any one of the following:
How Do Elder Law Lawyers Bill for Their Services?
Elder care law lawyers in NJ generally charge by the hour based on the type of work. In some cases, they charge a predetermined flat rate charge based on the type of work, such as review and signing of documents, filing of tax returns, and will preparation.
What Questions Should I Ask an Elder care Law Lawyer?
Most elder law lawyers do not specialize in every area of law affecting seniors, so it is important to hire a lawyer who has experience in your particular area of concern. Also, before selecting an elder law lawyer, you should feel comfortable that he or she will represent you or your loved one in a sensitive and understanding manner.
Here are some questions you should ask:
When Is a Nursing Home Liable for Elder care Abuse and Neglect?
If it can be demonstrated that a nursing home or its employees have acted negligently, they may be held liable for any resulting damages. Damages available in a nursing home abuse lawsuit may include medical bills, pain and suffering, disfigurement, and disability. Some states also allow for punitive damages, which are intended to deter the defendant and others from engaging in similar conduct.
The following may be grounds for filing a nursing home abuse claim:
Negligent Hiring: Nursing homes have an obligation to their residents to hire personnel who are properly qualified, have the requisite academic degrees for the position for which they are hired, and have no record of abuse or violence. If a nursing home hires its employees without conducting background checks, it is the nursing home residents that are put at risk. Therefore, the nursing home can be held responsible in the case of abuse.
Understaffing: A report from the Center for Disease Control (CDC) shows that the average staff to resident ratio is 1 staff member to every 1.64 residents. When a nursing home fails to employ a reasonable number of staff members, residents may be neglected because there is no-one to look after them.
Nursing home abuse lawyer in NJ such as Davis & Brusca, LLC can help with all the concerns and cases that may result from neglect and abuse in a nursing home. Contact them for a one on one consultation.