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Why So Many Nursing Homes are Suddenly Being Sued in New Jersey

By Lependorf & Silverstein on April 1, 2022

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If you have been keeping track of the news in New Jersey, you may have noticed that nursing homes throughout the state are now facing a “deluge” of lawsuits. Many of these lawsuits have to do with concerns over how the COVID-19 pandemic was handled. In most cases, family members of deceased or injured patients are filing claims in the pursuit of justice, closure, and financial compensation. But why are so many lawsuits suddenly being filed at this particular moment in time? More importantly, do any of these lawsuits actually have any chance of success? The answers might surprise you.

If you have your own questions about alleged instances of nursing home abuse, you should immediately get in touch with a personal injury attorney in New Jersey. Our legal professionals can help you understand when and how nursing home lawsuits are filed. If you are concerned about instances that affected family members, a lawyer can assess your unique situation and determine the best way forward. In many cases, victims and their families are able to hold negligent nursing homes accountable, receiving considerable financial settlements as a result.

The Statute of Limitations Explained

The sudden influx of COVID-related nursing home lawsuits in New Jersey is connected with the statute of limitations. As North Jersey reports, a “tide” of lawsuits will likely commence due to the fact that the two-year statute of limitations is fast approaching. Since the pandemic has been going on for two years, many of the early senior victims (and by extension, their families) will lose the ability to sue if they wait much longer. In other words, it is “now or never.”

But what exactly is the statute of limitations, anyway? In simple terms, this law represents a time limit that begins at the moment of the injury – or when the plaintiff becomes “aware” of the injury. If you allow this time limit to expire, you will lose the ability to sue. This means that you will not receive any compensation for your damages and you will not have the opportunity to hold a nursing home accountable in court for their negligence. This is why it is always so important to get in touch with an attorney nice and early and get the ball rolling.

But while the statute of limitations will soon expire, these lawsuits could drag on for years after being filed. Filing your lawsuit or joining a pre-existing class-action lawsuit is only the beginning of the process. From that point on, you can expect a considerable legal battle filled with plenty of twists and turns.

And these lawsuits are not just expected to rise – the surge is already occurring. Many lawyers are witnessing a tremendous rise in nursing home lawsuits across the entire nation. These lawsuits usually involve some type of negligence connected with infection control or reduced staffing. The trick is to connect this negligence with pandemic-related deaths or injuries.

Nursing Home in New Jersey Faces Class-Action Lawsuit

On April 12th, it was reported that an Essex County nursing home was facing a class-action lawsuit filed by the family members of nine deceased residents. According to the families, these elderly nursing home residents passed away as a direct result of the facility’s failure to take proper precautions. All of the deaths occurred in April of 2022. This means that the lawsuit was filed in the nick of time – almost exactly two years from the date of the deaths.

New Jersey reports that a total of 89 cases of COVID-19 were recorded among staff and residents at the facility after March of 2020. An independent report later found that the nursing home had violated various federal standards prior to the pandemic in 2018 and 2019. Employees were allegedly allowed to come to work without being properly tested, and masks were only distributed to select staff members. Some of the people who directly interacted with seniors were not required to wear masks. 

Enlist the Help of a Qualified Attorney Today

If you have been searching for a qualified, experienced personal injury attorney in New Jersey, look no further than Lependorf & Silverstein, P.C. Over the years, we have assisted a number of injured residents in New Jersey. We know that losing a loved one due to nursing home negligence can be incredibly traumatizing. Fortunately, you have a number of legal options you can explore. Book your consultation as soon as possible, and you can explore these options in greater detail as we help you strive for justice and fair compensation.

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The firm’s principals, Gabriel R. Lependorf and David E. Silverstein, have each been representing injured victims in the State of New Jersey for over twenty years.

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