Abuse can leave victims with costly medical expenses. Compensation can help cover these costs and restore a victim’s financial stability.
Emotional or psychological harm is harder to quantify. However, a good legal team can illustrate how abuse has taken away your loved one’s independence, hobbies, and friendships.
If the abuse leads to wrongful death, family members can receive compensation through a wrongful death claim. Contact Chicago Nursing Home Abuse Lawyer for more information.
Medical Expenses
No one expects the place they choose to provide care and security for their elderly loved ones to become a source of mistreatment. Whether a family member suffers a fall, develops Stage 4 bedsores, or experiences physical or sexual abuse, they may need ongoing treatment and care that adds up quickly. In cases where a nursing home resident is left with permanent injuries, families can recover compensation for the future costs of their medical bills.
Victims can also recover non-economic damages that are intended to compensate them for their emotional suffering, pain and distress. These are a little harder to quantify but can include the loss of enjoyment of life, disfigurement, and mental anguish. When a family member has to miss work to care for their loved one, the value of lost wages can be recovered through a civil claim.
Nursing home abuse and neglect can lead to expensive medical bills, as well as loss of income for caregivers. It’s important to speak with an experienced attorney who can evaluate the extent of your financial losses and help you calculate the value of your claim.
The at-fault party may be responsible for covering a wide range of damages in a nursing home abuse case, including past and future medical expenses, rehabilitative therapy, medication, and transportation costs to appointments. A successful claim can also include the cost of specialized equipment, such as wheelchairs or mobility devices, and any modifications needed for a safe living environment. In cases of egregious or intentional misconduct, an experienced lawyer can pursue punitive damages in addition to compensatory damages for your family. This additional award is designed to punish the at-fault party and send a clear message that such actions will not be tolerated.
Pain and Suffering
The discovery that a loved one has suffered abuse in a nursing home is a traumatic experience. It is even more painful when that abuse or neglect results in death. In these circumstances, the victim’s family may be entitled to recover wrongful death compensation.
The types of damages that victims can receive vary and can include both economic and non-economic damages. Non-economic damages compensate for emotional distress, pain and suffering, loss of quality of life, and more. Economic damages include past and future medical expenses, lost wages, and more.
Damages are awarded based on the impact that the abuse or neglect has had on the victim’s life. The more severe the injury and the longer the abuse has occurred, the greater the potential compensation. It is important to work with a skilled team of legal professionals who can help you understand the value of your case and ensure that all applicable damages are recovered.
Many cases involving nursing home abuse resolve through settlements, where the responsible parties agree to a negotiated amount without going to court. However, some cases do go to trial where a jury or judge decides the outcome. Both types of claims can result in compensation, but settlements are often faster and more private than trial verdicts.
Spouses and close family members of victims of nursing home abuse can also recover losses related to their relationship with the victim. This can include loss of companionship and consortium. Additionally, relatives who have had to take time off from work to care for a loved one can recover compensation for lost income. Finally, if the abuse or neglect caused a wrongful death, surviving family members can receive compensation for funeral expenses, burial costs, and more.
Loss of Future Earnings
In a wrongful death case where the victim died as a result of nursing home abuse or neglect, the estate of that individual will be able to bring a claim for monetary compensation. These claims can be for future lost income, pain and suffering and loss of companionship.
Non-economic damages are harder to quantify, and these can include things like damage to a person’s dignity and mental distress. These types of losses are typically compensated according to their severity. It’s important to work with an attorney who has the experience and resources to secure maximum settlements for nursing home abuse victims.
As with other personal injury cases, the value of a nursing home abuse case will depend on how severe the harm is. For example, let’s say 2 people were both found to have Stage 4 bedsores (something that should never happen with proper care). One person’s injuries will be more serious and therefore their settlement will be higher.
It’s also worth noting that many instances of abuse and neglect in nursing homes are caused by a chain of events. For instance, a private-duty nurse hired by a facility may cause injury. In such a case, the nursing home may be held responsible for hiring an employee who is known to have committed prior wrongdoing. Additionally, some facilities have a corporate ownership structure and may be held liable for the cost-cutting measures that lead to poor conditions and abuse.
It’s important to watch out for signs of elder abuse in nursing homes, such as confusion, weight loss and fear. If you think that a loved one in a nursing home is being abused, it’s always best to take action before the statutes of limitations expire.
Punitive Damages
If your loved one has been injured in a nursing home, you have a right to file a claim for compensation. A successful lawsuit can help your family rebuild after an injury, and it can also hold the facility accountable to prevent future abuse and protect other residents. It is not about revenge, but about restoring justice and sending a clear message that elder abuse will no longer be tolerated.
A successful claim can also pay for punitive damages, which are intended to punish the defendant for especially egregious conduct and deter similar behavior by others. Abuse victims often suffer emotional or psychological distress from the abuse, including fear that their injuries will worsen while they wait for assistance. Often, the nursing home staff is not trained to recognize or respond to this type of stress.
Abuse can take many forms, including physical abuse, sexual assault, emotional or psychological abuse, and financial exploitation. Sometimes, abuse results in death. In these cases, a claim for wrongful death compensation can be filed on behalf of the deceased person’s spouse, children, or minor children.
If you suspect your loved one is suffering from any of these types of abuse, the first step should be to remove them from the facility and into a safe environment where they can receive proper care. Then, you should speak with an experienced attorney about filing a claim to recover damages.
The attorneys at Rafferty Domnick Cunningham & Yaffa are committed to pursuing the full range of damages available for victims of nursing home abuse. Through thorough investigation, meticulous preparation, and aggressive advocacy, we have helped many victims of nursing home abuse secure substantial settlements that make a difference in their lives and foster meaningful reform in the industry.
Damages for Damages
Discovering your loved one has suffered from nursing home abuse or neglect can be a devastating blow to your family. Not only does it violate your trust, but it may also leave you with serious financial and emotional losses. Fortunately, Florida laws allow you to recover compensation for your damages. These damages can cover medical expenses, pain and suffering, loss of future earnings and more.
You can also pursue punitive damages in certain cases. These are designed to punish the facility for its wanton or reckless conduct. In order to secure punitive damages, you must prove the nursing home facility engaged in a pattern of negligent or reckless actions that caused significant harm or death. An experienced elder abuse attorney can help you understand your legal options and how they apply to your case.
In many cases, nursing home neglect stems from a lack of staffing and proper training. When there aren’t enough nurses on the floor, residents may not receive appropriate medication or timely care for injuries. They may even miss meals or suffer from unaddressed stress and anxiety.
Facilities are also responsible for selecting and maintaining safe and efficient equipment for their residents. If a resident is injured due to faulty or outdated equipment, the nursing home could be held liable for these injuries.
Nursing homes sign contracts with residents promising they will provide adequate food, health and medical care. They are also bound by state and federal regulations regarding the care of nursing home residents. If a nursing home fails to uphold these obligations, it can be sued for breach of contract. This type of lawsuit can help an injury victim get compensated for the cost of finding a new nursing home, loss of income and legal fees.