Elder Abuse Attorney – Protecting Seniors in NYC
Our NYC elder abuse lawyer helps families take legal action when seniors are harmed by physical, emotional, sexual, or financial abuse in nursing homes, assisted living facilities, and other care settings.
Types of Elder Abuse
Building a Case with Records, Witnesses, and Experts
Elder abuse can happen quietly behind closed doors or in plain sight. This page focuses on intentional abuse and serious mistreatment of older adults, particularly in nursing homes, assisted living facilities, and by professional caregivers.
Common types of elder abuse include:
- Physical Abuse
Hitting, slapping, pushing, rough handling during transfers, unnecessary restraint, or using force to control a resident. Physical abuse often leaves bruises, fractures, sprains, or unexplained injuries. - Emotional & Verbal Abuse
Threats, insults, humiliation, intimidation, isolation, or deliberately frightening a resident. This kind of abuse may not leave visible marks—but it can cause severe anxiety, depression, or withdrawal. - Sexual Abuse
Any non-consensual sexual contact or exploitation, including unwanted touching, sexual assault by staff, other residents, or even outside visitors. In elders with cognitive impairment, consent is often not possible—and facilities must protect them. - Financial Exploitation
Stealing cash or valuables, pressuring an elder to sign checks or documents, misusing power of attorney, or manipulating bank accounts. This may be done by staff, caregivers, or others with access to the resident. - Neglect & Abandonment
Although neglect is covered more fully on the Nursing Home Abuse & Neglect page, it often overlaps with active abuse. Ignoring basic needs—like hygiene, nutrition, or medical care—can be just as harmful as physical violence.
Warning Signs of Elder Abuse
Warning Signs of Elder Abuse to Watch For
Families are often the first to notice that something is wrong. Warning signs of elder abuse can vary depending on the type of mistreatment, but common red flags include:
- Bruises, welts, burns, or fractures with no clear explanation
- Injuries that don’t match the facility’s story
- Sudden fearfulness around particular staff members or residents
- Withdrawal from family, reluctance to talk, or unusual sadness or anxiety
- Genital injuries, unexplained infections, or sudden STDs
- Torn or bloody clothing or bedding
- Missing cash, valuables, or unexplained changes to bank accounts or legal documents
- Staff refusing to leave you alone with your loved one
- Dramatic changes in mood, sleep, or behavior without a medical explanation
If you are seeing signs of elder physical abuse vs neglect and something feels off, it is important to trust your instincts, ask questions, and document what you observe.
Legal Remedies for Elder Abuse
Civil Lawsuits and Other Legal Options for Elder Abuse
Elder abuse can be both a crime and a civil wrong. Criminal cases are handled by police and prosecutors—but civil lawsuits allow families to seek compensation and accountability from facilities, corporations, and individuals who caused harm.
On the civil side, a senior abuse lawyer in New York can help you:
- Bring a claim against a nursing home, assisted living facility, or home care agency
- Pursue damages for medical treatment, pain and suffering, emotional distress, and financial losses
- Seek compensation for stolen money or property in financial abuse cases
- File a wrongful death claim if abuse contributed to a loved one’s passing
At the same time, reporting suspected abuse to Adult Protective Services or law enforcement is often essential—especially where immediate safety is at risk. Civil legal action can proceed alongside or after criminal investigations, and we can help you understand how the two processes interact.
Holding Facilities and Individuals Accountable
Who Can Be Held Responsible for Elder Abuse?
Elder abuse rarely happens in a vacuum. Often, it reflects deeper problems with hiring, supervision, or corporate priorities at a facility. As an elder abuse lawyer in NYC, Jesse looks at all potential defendants to ensure that everyone responsible is held accountable.
Potentially liable parties may include:
- Nursing homes and assisted living facilities whose employees committed abuse or whose policies, training, or understaffing contributed to it
- Home care agencies that failed to screen, train, or supervise caregivers properly
- Individual staff members or aides who directly abused or exploited a resident
- Other residents where the facility knew or should have known about dangerous behavior and failed to protect vulnerable residents
Our goal is to pursue legal action against all responsible parties and to seek changes in how they operate so that other elders are better protected in the future.
Elder Abuse Case FAQ
What should I do if I suspect elder abuse in a nursing home?
First, focus on immediate safety. If your loved one is in danger, call 911 or remove them from the situation if possible. Report your concerns to facility management and, where appropriate, to Adult Protective Services or law enforcement. Document everything: take photos of injuries, write down dates and names, and keep copies of any incident reports or letters. Then contact an elder abuse lawyer NYC families trust to review what happened and advise you on the next steps.
Will my loved one have to testify?
Possibly, but there are ways to minimize stress and trauma. If the elder is frail or has cognitive challenges, testimony may be taken in a recorded deposition or handled with special accommodations. A careful nursing home abuse attorney in Brooklyn will work to protect your loved one’s dignity while still presenting the strongest possible case.
What if the abuse isn’t physical—can we still sue?
Yes. Emotional abuse, verbal abuse, and financial exploitation can all be grounds for legal action. In these cases, damages may focus more on emotional distress or financial losses, but they are still very real harms. A senior abuse lawyer New York families work with can help quantify those losses and pursue compensation.
Can I sue a nursing home aide for abuse?
In many cases, yes. Civil lawsuits may name both the individual aide and the facility that employed them—especially if the facility failed to properly screen, train, or supervise that employee. The exact approach depends on the facts, but we routinely explore legal action against both the abuser and the institutions that enabled the abuse.
How quickly should I act on suspected elder abuse?
Immediately. Acting quickly can stop further harm, preserve critical evidence (like surveillance footage or medical records), and strengthen any legal claim. Delays can make it harder to prove what happened. If you’re unsure, it’s better to reach out for legal advice sooner rather than later.
Can we get punitive damages for elder abuse?
In egregious cases of intentional harm or extreme misconduct, New York courts may award punitive damages. These are meant to punish wrongdoers and deter similar conduct in the future. We’ll evaluate whether punitive damages might be appropriate based on the severity and pattern of abuse in your case.
Related Elder Abuse & Nursing Home Neglect Services
Elder abuse cases often overlap with other types of nursing home and care facility neglect. Our firm also handles:
Nursing Home Abuse & Neglect
View a broad overview of neglect, under-staffing, dehydration, malnutrition, poor hygiene, and failure to provide proper medical care in nursing homes and long-term care facilities.
Nursing Home Fall Injuries
Cases involving preventable falls, fractures, and head injuries due to poor supervision, unsafe conditions, or lack of fall-prevention measures.
Bed Sores & Pressure Ulcers
Representation for residents who developed preventable bed sores—a common sign of deeper neglect—in nursing homes and assisted living facilities.
Sexual Assault Injury Cases
Civil claims on behalf of survivors of sexual assault, including elders harmed in nursing homes, assisted living facilities, or by in-home caregivers.
Contact Us
Compassionate Advocacy for Seniors and Their Families
Elder abuse is deeply personal. It affects not just the victim, but the entire family who trusted a facility or caregiver to provide safety and respect. Our NYC elder abuse attorney is passionate about protecting seniors’ rights and holding abusers and negligent institutions accountable.
If you suspect abuse, you do not have to figure it out alone. We will listen to your concerns, review the facts, and explain your options for legal action in clear, straightforward terms. Consultations are confidential and free, and there is no obligation to move forward.