How much is my nursing home abuse lawsuit worth?
There is no standard value for nursing home abuse cases. Your case could be worth a few hundred dollars or even millions. It all depends on the specifics of the case. That is why we provide a free, no-obligation case evaluation at Morgan and Morgan.
What Factors Determine the Value of a Nursing Home Abuse Case?
The kind of injuries you sustained due to nursing home abuse will determine the value of your case. For example, if you sustained physical injuries requiring expensive treatment, you will likely be entitled to higher compensation. The nature of your case will also influence its value.
This is especially true if the nursing home or healthcare provider at the facility was grossly negligent. For instance, let’s say you were sexually assaulted by an employee at a nursing home who was a registered sex offender, but the employer did not conduct a background check as required by law before hiring them. This could be a case of gross negligence. As a result, the court might award punitive damages to punish the nursing home owner and serve as a warning to others against such negligent conduct.
What Kind of Damages Can I Sue for in a Nursing Home Abuse Lawsuit?
You may be able to sue for both economic and non-economic damages. Economic damages are those that involve money in one way or another. For example, the cost of treatment is a form of economic damage. The same applies to the cost of medical equipment, transport to your medical appointments, hiring a caregiver to take care of you, etc.
When you sue for non-economic damages, these include pain and suffering, mental anguish, emotional distress, and loss of enjoyment of life, among other psychological and emotional effects of the abuse.
To fully understand the exact damages you may be able to sue for, contact Morgan and Morgan for a free case evaluation. Our attorneys will review the specifics of your case and then put a dollar value on your damages.
How Do I Prove Damages in a Nursing Home Abuse Lawsuit?
When you are a victim of nursing home abuse, the court will need some form of evidence to validate your version of the story. For this reason, it is always advisable to document the incident as much as possible.
You may begin by filing an incident report. Nursing homes are required to provide the state’s emergency contact information to their residents to report issues such as abuse and neglect. Under normal circumstances, you will find this information on a notice board in the facility. If you cannot seem to find out, you may conduct a quick search on the internet or contact your family and friends to help report the incident.
Other than informing the state about the abuse, you need to document every incident, preferably in writing. If possible, take pictures and videos of the incident, write down the names of the abuser, including witnesses to the abuse, and document how you feel about the situation.
This information, along with your medical records, and other statements from the state, witnesses, and other relevant sources, could help prove your abuse case. As a result, you will have a higher chance of obtaining favorable results.
Do I Need to File a Nursing Home Abuse Lawsuit?
A lawsuit is one of the many legal remedies for such a case. But before the case proceeds to court, it may be necessary to explore other options, such as reaching an out-of-court settlement with the other party. If they agree to settle out of court, there would be no need to pursue a lawsuit.
Rather, your attorney will discuss with the other party how the settlement will be processed. For example, the payment agreement could either be a lump sum, monthly payment, or any other system that works for both parties.
Who Should I Sue in a Nursing Home Abuse Case?
A nursing home abuse case can take different legal dimensions depending on the specifics of the case. While your initial reaction would be to sue the abuser directly, sometimes it is necessary to explore other options in addition to the available ones. In the example above, we mentioned that the nursing home owner might be held responsible if their employee abuses a resident.
The employee can also be held responsible. And if they have some form of insurance, your attorney can file a claim with the insurance provider, seeking additional compensation for your damages. The same applies to situations where other agencies did not take your claims seriously when you filed a report or complaint. They might also be held responsible if they were negligent, allowing the abuse to continue.
The bottom line is that the list of individuals or agencies that may be liable is expansive. When you contact Morgan and Morgan for a case evaluation, one of our legal representatives will review your case and get in touch to explain your options.
Why Should I Sue for Nursing Home Abuse?
Filing a nursing home abuse lawsuit is one way of holding the abuser and other liable parties accountable for their actions. It also helps warn other nursing homes that they would be liable if they tolerate abuse at their facilities.
Filing a lawsuit is a brave decision if you are a victim of nursing home abuse. It could help you recover compensation for your damages and also create awareness about many other victims whose stories are untold. Fill out our free case evaluation form today.