Unfortunately, financial compensation can only do so much to make up for the immense physical, emotional, and psychological trauma that nursing home abuse can inflict on mistreated residents. However, demanding restitution through a civil lawsuit or settlement can still be vital to preserving an abused nursing home resident’s long-term prospects and overall quality of life despite what they unjustly went through.
Guidance from a seasoned nursing home abuse attorney is essential to maximizing the value of a civil claim built around any kind of mistreatment within one of these facilities. With that in mind, here are some common damages in Los Angeles nursing home abuse claims to keep in mind when you begin working on your case.
Economic Losses Caused by Nursing Home Mistreatment
Some types of losses that nursing home abuse may cause can be quite easily quantified. For example, any medical expenses a resident incurs for treatment necessitated by abuse-related injuries would be compensable through an ensuing civil claim, as would any personal assets or money lost to less overt types of abuse like financial fraud.
It is also important to account for future economic losses that nursing home abuse may cause—for instance, long-term bills for rehabilitative medical care, costs of physical and/or psychological therapy, and potentially even expenses associated with moving a mistreated resident to a new facility. Lost wages or income may also technically be incorporated into this type of claim, but it is very rare for them to be applicable since most nursing home residents are no longer employed. A dedicated Los Angeles lawyer can further explain the sorts of damages most often recovered in nursing home abuse claims.
Recovering for Non-Economic Losses
The bulk of recovery through a successful nursing home abuse claim in Los Angeles is often non-economic, which—as the choice of terminology suggests—are damages that have subjective financial values based on each individual plaintiff’s experience. These are sometimes referred to as “pain and suffering” damages, since physical pain from injuries and psychological suffering caused by mistreatment are almost always included.
Additionally, it may be possible to recover for lost enjoyment of life and emotional distress suffered by the affected resident. Furthermore, if nursing home abuse directly causes a resident’s premature death, surviving family members may be able to recover for their own “non-economic” mental and emotional anguish—among other things—through wrongful death litigation.
Are Punitive Damages Available from Nursing Home Abuse Claims?
Unlike some other states, California neither prevents personal injury plaintiffs from receiving punitive damages from an especially negligent or malicious defendant, nor does it impose any cap on the maximum value those damages may have. But courts generally only award punitive damages based on “clear and convincing evidence” that a defendant engaged in “malice, oppression, or fraud.”
These conditions that do not to all Los Angeles nursing home abuse claims. A seasoned attorney can provide more insight into whether punitive damages might be available in a particular case.
Work with a Los Angeles Attorney to Maximize Damages in a Nursing Home Abuse Claim
A monetary award may understandably seem like an insufficient way to address the potentially grave consequences of nursing home abuse. In fact, it be a vital way to minimize the long-term impacts of this kind of mistreatment and to give your family the best chances possible of maintaining a high quality of life moving forward.
A skilled legal professional’s support may make all the difference when it comes to proactively recovering damages in Los Angeles nursing home abuse claims. Learn more by calling today.