What Damages Can You Recover if You Sue a Nursing Home for Abuse?
When a loved one falls victim to nursing home abuse, it can be difficult to determine how best to respond. In some cases, you may have the option of suing the nursing home for damages related to the abuse. But what are these damages, and how do you determine which ones are applicable?
If you suspect that someone you love has become a victim of abuse in a nursing home or another long-term care facility, do not hesitate to contact our Boca Raton nursing home abuse lawyers at Leifer & Ramirez. Our skilled lawyers can help you take legal action against the nursing home and its staff to recover the compensation you deserve.
Recoverable Damages When Suing a Nursing Home for Abuse
Let’s take a look at recoverable damages when filing a lawsuit against a nursing home for abuse.
Economic Damages
When filing a lawsuit against a nursing home for abuse, economic damages refer to any losses that directly affect your pocketbook. This could include medical bills, prescription medications, lost wages, property damage (e.g., stolen money), or other financial costs associated with the incident. These expenses can be calculated into an exact dollar amount that can then be sought in court as part of the lawsuit.
Non-Economic Damages
In addition to economic damages, non-economic damages may also be sought when suing a nursing home for abuse. Non-economic damages refer to losses that cannot be easily quantified in terms of money. Instead, these can include things like pain and suffering, mental anguish, loss of enjoyment of life, fear, embarrassment, or humiliation caused by the incident. Calculating this type of damage may require the assistance of an experienced lawyer who understands how to put a price tag on an intangible experience.
Punitive Damages
Finally, punitive damages may also be sought when suing a nursing home for abuse. Punitive damages refer to additional funds awarded by the court in order to punish the defendant and deter them from engaging in similar behavior in the future—in this case, helping ensure no other family suffers from similar mistreatment at that particular facility or elsewhere.
Punitive damages are not always available and must meet certain criteria in order to be considered viable during litigation. Under Florida Statutes § 768.72, the court may award punitive damages when the plaintiff can show that the defendant acted with gross negligence or intentional misconduct. When punitive damages are available, they can provide additional reparations for those affected by nursing home abuse cases.
Fight for the Compensation You Deserve with Leifer & Ramirez
When pursuing legal action against a nursing home due to suspected abuse or neglect of your loved one, it is important to understand all possible recoverable damages available through litigation, including economic damages, non-economic damages, and punitive damages.
Our experienced lawyers at Leifer & Ramirez will help ensure your rights are protected and that you receive appropriate compensation for any losses incurred due to negligence on behalf of the facility or its staff members—helping bring justice on behalf of your loved one as well as peace of mind for yourself and your family moving forward into the future. Call 561-660-9421 to schedule a free consultation with our compassionate and results-driven lawyers.
We serve clients throughout the state of Florida, including Boca Raton, Delray Beach, Pompano Beach, Deerfield Beach, Fort Lauderdale, and West Palm Beach.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/Sections/0768.72.html