Damages And Compensation Nursing Home

Nursing Home Neglect And Abuse: How To Claim Damages And Compensation

A nursing home is a place where people keep their loved ones for better medical care and attention. But over time, there have been several cases that have deteriorated the reputation of the nursing home. Let’s see nursing home neglect and abuse: how to claim damages and compensation.

Today, you will find that more than 15% of elderly people don’t feel safe in nursing homes, as they believe that nursing homes neglect the same things they promise to offer, excellent healthcare and medical attention.

If you never find yourself to be at the receiving end of the nursing home abuse and victim to the act of neglect, you can contact a personal injury lawyer in NYC to file a lawsuit against them and get the true value of your compensation.

Nursing Home Abuse & Neglect Damages

While no amount of money equals to compensate for the abuse and neglect people receive in nursing homes, helping the victim get the true value of their compensation can help them cover their medical needs.

Unfortunately, these types of cases are among the most complex cases and are very difficult to judge. If you want to pursue these types of cases, you need solid evidence to prove that their negligence or abuse has further deteriorated your current health condition.

The damages your accrue after nursing home abuse and the act of neglecting are dividing into :

  • Compensatory Damages.
  • Punitive Damages.

1. Compensatory Damages

Nursing home victims who have solid proof about their negligence and wrongdoings are entitled to a wide range of damages. This also included compensatory damages for the economic loss.

  • Medical care related to injuries.
  • Personal and financial losses suffered by the victim.
  • Future medical care expenses.
  • Cost of relocating to a new medical facility.

In addition to economic damages, the victims are also offered non-economic damages. These kinds of damages usually cover the utility bills, housing costs, and other things that you were not able to pay due to the injury.

2. Punitive Damages

The other aspect of the damages accrued in nursing home neglect and abuse is punitive damages. These punitive damages are awarded to the victims to ensure there are no such cases in the future. 

However, punitive damages can be awarded by the court only after going through the document and assessing all the evidence. This is why punitive damages are mostly reserved for cases involving intentional action that harm the victims.

How To Claim Damages & Compensation?

Older adults are moving into nursing homes to get the right medical treatment at the right time. And the numbers are still rising every year. According to the CDC, more than 2 million people are currently living in nursing homes in America.

With the number of older adults increasing, nursing homes cannot offer the same care to everyone, and hence, cases like nursing home abuse and neglect are on the rise. If you are one of the victims of nursing home abuse and making a legal claim for nursing home injuries and abuse, these are the things you need to look for.

Bringing A Lawsuit

A civil lawsuit is one option you can pursue to claim compensation for the damages. A petition or complaint is filed with the court clerk of the state court after the nursing home responds to the case, the case proceeds.

Proving The Case

This is the most important phase of the case; you need to gather relevant evidence that proves your claims. Typically in case of injury, you need to prove the following.

  • Lack the necessary professionals to deal with the patients.
  • The nursing home breached the duty of care.
  • The resident suffered harm.

Recovering Compensation For Nursing Home Abuse And Neglect

If you or your loved ones have been the victim of nursing home abuse, you have the right to pursue the legal path to file lawsuits and get the true value of your compensation. It is advisable that you take help from a personal injury lawyer to ensure you get the best out of your compensation claims.

Leave a Comment

Your email address will not be published. Required fields are marked *