Factors that Impact Nursing Home Abuse Damages
You never expect that after making the hard decision to admit your loved one to a nursing home that they would suffer abuse or neglect while there. Tragically, it happens more often than many people think. If your loved one has suffered harm while in a long-term care facility, you can file a legal claim on their behalf. If you are successful with your claim, you can help your loved one recover monetary compensation for their losses.
However, nursing home abuse claims are more challenging than other personal injury cases. This is largely because much of the compensation available in car accident cases and slip and fall claims is different from the damages available in nursing home abuse cases. Below, our Tampa nursing home abuse attorney explains further.
What Types of Damages are Available in Nursing Home Claims?
As in most personal injury claims, the main types of compensation available in nursing home cases are economic and non-economic damages.
Economic damages refer to the losses you loved one suffered that have a concrete dollar value. This category of damages include medical expenses, property damage, and transportation to and from medical treatments. On the other hand, non-economic damages do not have a dollar value. They include losses such as pain and suffering, and loss of quality of life.
Obtaining a fair amount of damages in any type of personal injury case is challenging. In nursing home abuse cases, though, it is even more difficult.
What Factors Affect Damages in Nursing Home Abuse Cases?
Damages in nursing home claims operate in a similar fashion to compensation in other personal injury cases. Unfortunately, there are certain challenges faced in nursing home abuse claims. These include:
- There is generally no recovery for lost income, as nursing home residents do not typically work
- Valuing pain and suffering damages is more complex, particularly when dementia and other medical issues have already affected the resident’s capacity and enjoyment of life
- A resident’s life expectancy can impact certain damages that are determined according to the remaining years someone has left
While the above are challenges in nursing home abuse cases, it is still worthwhile to file a claim. Additionally, punitive damages may also be available, which are very difficult to obtain in other types of personal injury cases. However, if you can prove that the nursing home demonstrated a high degree of culpability, such as intentional misconduct or gross negligence, punitive damages may be available. For example, if a staff member intentionally harmed your loved one, you may be able to pursue punitive damages.
Our Nursing Home Abuse Attorney in Tampa Can Help You Claim Full Damages
There are challenges associated with filing a nursing home abuse claim, but that should not discourage you. At Kohn Law, our Tampa nursing home abuse attorney can help you overcome the challenges that arise so your loved one obtains the full and fair compensation they deserve. Call us now at 813-428-8504 or contact us online to schedule a consultation and to get the legal advice you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0400/0400.html
