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Frequently Asked Questions

REHABILITATION CENTER ACCIDENT LAWSUIT FAQS

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Accidents in rehabilitation facilities can lead to serious injuries, setbacks in recovery, and emotional distress for patients and their families. If your loved one has been involved in an accident at a rehab facility, it’s crucial to take immediate action to protect their rights and well-being.

Let one of our top attorneys guide you through the process and help you obtain the compensation and justice your loved one deserves. Dealing with the aftermath of an accident in a rehabilitation facility can be incredibly stressful, especially when considering the potential neglect or inadequate care that may have contributed to the incident.

With our 30+ years of experience handling rehabilitation facility accident cases in the Bronx, we know that you probably have many questions. But don’t worry, our lawyers are highly skilled in managing rehab facility accident claims, including cases involving "falls and fractures," "medication errors," and "negligent care."

Here are the 5 most common questions our clients ask us:

1. What should I do if my loved one is involved in an accident at a rehabilitation facility?

2. Who can be held liable for a rehabilitation facility accident in New York?

3. How is a rehabilitation facility accident case different from other personal injury cases?

4. How much compensation can my family receive for a rehabilitation facility accident in New York?

5. How long do I have to file a lawsuit after an accident in a rehabilitation facility in the Bronx?

1. What should I do if my loved one is involved in an accident at a rehabilitation facility?

If your loved one is involved in an accident at a rehabilitation facility, your first priority should be to ensure their immediate safety and seek medical attention if necessary.

Document the circumstances of the accident as thoroughly as possible, including taking photos of the scene, any visible injuries, and the environment where the accident occurred. Speak with staff members to gather their accounts of what happened and obtain contact information for any witnesses.

It’s also crucial to report the incident to the facility administration and request a copy of any incident report they may have filed. Avoid discussing potential legal action with the facility staff before consulting with one of our experienced Bronx rehabilitation facility accident lawyers.

2. Who can be held liable for a rehabilitation facility accident in New York?

In New York, liability for a rehabilitation facility accident can fall on several parties depending on the circumstances. The rehabilitation facility itself is often the first party considered, especially if the accident was caused by inadequate staffing, poor training, unsafe conditions, or neglect.

Individual staff members may also be held liable if their actions or inactions directly led to the accident. In some cases, third-party contractors, such as maintenance or medical service providers, could also be responsible if their negligence contributed to the incident.

3. How is a rehabilitation facility accident case different from other personal injury cases?

A rehabilitation facility accident case differs from other personal injury cases primarily due to the specific standards of care required in rehab settings and the unique vulnerabilities of patients who are often recovering from serious injuries or surgeries.

Rehabilitation facilities are subject to stringent regulations designed to protect patients from harm, and violations of these regulations can form the basis of a negligence claim. Additionally, these cases often involve complex issues such as determining whether the accident was due to neglect, inadequate care, or an unavoidable medical condition.

Proving negligence in a rehabilitation facility accident case may require evidence from medical records, witness testimonies, and expert opinions. Our Bronx rehabilitation facility accident lawyers have extensive experience handling these unique challenges and are committed to ensuring that all liable parties are held accountable for their actions or inactions.

4. How much compensation can my family receive for a rehabilitation facility accident in New York?

The amount of compensation your family can receive for a rehabilitation facility accident in New York depends on several factors, including the severity of your loved one’s injuries, the impact on their recovery and quality of life, and the circumstances surrounding the accident.

Compensation typically includes medical expenses, such as hospital bills, rehabilitation, and any additional care required due to the accident. Your family may also be entitled to compensation for pain and suffering, which accounts for the physical pain, emotional distress, and loss of enjoyment of life caused by the accident.

In cases where neglect or inadequate care is involved, punitive damages may also be awarded to punish the facility for particularly egregious behavior. Our Bronx rehabilitation facility accident lawyers will work diligently to assess the full extent of your loved one’s injuries and fight to ensure your family receives the maximum compensation available.

5. How long do I have to file a lawsuit after an accident in a rehabilitation facility in the Bronx?

In the Bronx, as in the rest of New York, the statute of limitations for filing a lawsuit related to an accident in a rehabilitation facility is generally three years from the date of the injury. This means you have a limited time to initiate legal action against those responsible for the accident.

However, if the rehabilitation facility accident resulted in a wrongful death, the family of the deceased typically has two years from the date of death to file a wrongful death claim. It’s important to note that certain circumstances, such as cases involving government-owned facilities or specific regulatory violations, may have different time limits.

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Abogados para Latinos -At Marchese Injury Lawyers, we recognize the value of having legal counsel who not only speaks your language but also understands your cultural background. That’s why our team includes native Spanish-speaking attorneys and staff dedicated to supporting you. We proudly serve New York City’s dynamic and diverse Latino community by offering legal services that are compassionate, culturally informed, and available in both Spanish and English. Whether Spanish is your preferred language or you simply want an attorney who comprehends the distinct challenges faced by Hispanic individuals, our team is here to guide you with care and expertise, ensuring you can navigate the legal process with confidence.

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