Nursing Home Law

Nursing Home Abuse Damages

After finding out about the abuse of a family member in a nursing home, the first step should be to get them out of the dangerous facility and into a place where they can get proper care. However, you may also want to ensure the nursing home is held accountable for nursing home neglect and abuse.

A lawsuit against the nursing home is a way to make the nursing home pay for its actions. As part of a lawsuit, the injury victim can request damages to compensate them for their losses and injuries. Talk to a nursing home abuse lawyer in your area to find out about your legal options to recover damages.

Victims of nursing home abuse or their family members can report the abuse to the police, and abusers can face criminal charges. However, a criminal conviction won’t pay for the injury victim’s medical bills or emotional distress. Assisted living facility residents have civil remedies after different types of abuse in a long-term care facility. In general, civil lawsuit options include the following:

Nursing Home Abuse Personal Injury Lawsuit

A personal injury case is a way for injury victims to recover money from a negligent nursing home. To win a personal injury lawsuit, the injury victim generally has to show that a nursing home breached its duty of care to the resident, causing injury. Damages available in a nursing home injury lawsuit can include the economic and noneconomic damages related to the injury, including:

  • Costs of medical treatment
  • Pain and suffering
  • Scarring or disfigurement

Wrongful Death Lawsuit After Fatal Nursing Home Abuse

If the victim of a nursing home abuse or neglect case dies because of mistreatment, they are no longer alive to hold the nursing home accountable. Instead, a wrongful death claim can be filed by their estate to make sure the nursing home is held responsible. A wrongful death lawsuit could help the beneficiaries get compensation if the nursing home resident died from physical abuse, medical malpractice, or nursing home negligence.

Nursing Home Breach of Contract Claim

When a resident enters a nursing home, they may be required to sign a contract. A contract generally outlines the duties and requirements of the nursing home and the resident. If either party breaches the terms of the contract, the other party can enforce the contract or get damages.

Nursing homes generally agree to provide appropriate care and follow state and federal nursing home regulations. This may include promising to provide proper food, medical care, and trained nursing staff. Nursing facility residents are also protected by state and federal nursing home resident laws. If the nursing home violates nursing home laws, they may be in violation of their contract.

A breach of contract lawsuit can help the nursing home resident get compensated for the money paid to the nursing home, the costs of finding a new nursing home, and legal fees. If you have questions about a breach of contract legal action, talk to a nursing home abuse lawyer for legal help.

What Are Damages in a Nursing Home Abuse Case?

A personal injury lawsuit may allow victims of older adult abuse to get money for their losses. Compensation in a personal injury claim is known as “damages.” There are different types of damages available, depending on the type of injury, including compensatory damages related to:

  • Medical care
  • Lost income
  • Future medical expenses
  • Pain and suffering
  • Loss of consortium

Damages in a wrongful death lawsuit are different because the victim is no longer alive to take their case to court. Instead, family members may be able to recover money after the loss of a loved one. Financial compensation in a wrongful death claim includes:

  • Funeral costs
  • Burial expenses
  • Loss of financial support
  • Loss of companionship

Punitive damages may be available in limited situations. Punitive damages are intended to punish the person responsible for their actions. For example, if a nursing home staff member repeatedly abused a resident, punitive damages could be used to punish the staff member and make them think twice before doing something similar in the future.

How Can a Nursing Home Abuse Attorney Help?

Nursing home abuse lawsuits can be complicated, and an experienced attorney can help you navigate the legal system and legal options under state law. A personal injury lawyer can gather your medical records, review your case to identify negligent caregivers and ensure your case is filed before the end of the statute of limitations. Talk to a nursing home lawyer in your area for a case evaluation.

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