(Newswire.net — July 29, 2022) — If you have a loved one who has been abused in a nursing home, you may be wondering what types of compensation are available to you. There are a variety of different kinds of compensation that you or your loved ones may be able to receive after proving abuse or negligence. When looking into your specific situation, you will want to explore all potential avenues for recovering potential damages.
Financial Compensation
Financial compensation is the most common form of compensation available in nursing home abuse cases. Financial compensation refers to the amount of money the victim or the victim’s loved ones may be able to recover from the liable party as reimbursement for their damages.
Depending on the specific details of a case, a victim or victim’s loved ones may be able to recover multiple types of financial compensation. The two primary financial compensation types are general compensatory and special damages.
General compensatory damages refer to the amount of money that a victim or victim’s loved ones may be able to recover from reimbursing them for their general damages. General damages are intended to compensate victims for losing their health, reputation, and future income, among other things.
Special damages, on the other hand, refer to the reimbursement of the victim’s out-of-pocket expenses related to the abuse. Special damages include medical treatment, therapy costs, and lost wages.
Non-Monetary Forms of Compensation
There are some non-monetary forms of compensation that can be awarded in nursing home abuse cases. These types of compensation are meant to serve as more than just reimbursement for damages suffered by the victim and are often a major part of a settlement or verdict.
Some common non-monetary forms of compensation are reasonable and necessary medical care. This type of compensation is awarded in cases where the victim requires medical attention.
Statutory Damages
Statutory damages are damages that are pre-determined by law. They are provided by statutes like the Nursing Home Abuse Prevention Act. These damages can be awarded in addition to other damages, depending on the state where the abuse occurred. Statutory damages are designed to punish the abuser and deter future abuse.
In many states, nursing home residents are specifically protected by statute from abuse. Statutory damages can be an important component of a nursing home abuse victim’s compensation because they help to ensure that abusers are held accountable for their actions.
Punitive Damages
Punitive damages act as punishment to the abuser and convey that such behavior is unacceptable. The court must find that the abuser acted with malice, gross negligence, or recklessness to be awarded punitive damages.
These damages are typically reserved for cases involving the most egregious forms of abuse, such as sexual assault or deliberate neglect. Punitive damages can be substantial, but they are also difficult to obtain. Nursing home abuse victims who believe they may be entitled to punitive damages should seek legal counsel from an experienced attorney.
Wrongful Death Damages
If your loved one died due to nursing home abuse or neglect, you might be able to file a wrongful death lawsuit against the facility. In a successful wrongful death claim, the deceased’s family can recover damages. An attorney is able to guide you to understand the options. Greenville nursing home abuse lawyer, we have a qualified attorney who can help you to investigate the situation and take action to protect your loved one’s rights.
The Takeaway
There are a variety of different types of compensation that may be available in nursing home abuse cases. You may be able to recover damages for physical injuries, emotional distress, and pain and suffering.
In other cases, you recover punitive damages designed to punish the abuser and deter future abuse. The type of compensation available in a particular case will depend on the various outcomes and are unique in each case. Speaking to an attorney is a great way to help you understand the terms and the whole process of compensation.
Irma C. Dengler
With a BA in communications and paralegal experience, Irma C. Dengler decided to make the best of her writing skills. She decided to turn complicated legal matters into something more palatable for the masses. Therefore, Irma became a law communicator who writes about everyday problems so everyone can understand them and take the appropriate action. She specialized in personal injury cases, as they are more common than anyone thinks, but her areas of expertise also include civil law, criminal law, insurance-related issues, and more.