May 24, 2022

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A Nursing Home Abuse Claim and Compensation

Nursing Home Abuse Lawyer in Bucks County, PA | Cordisco & Saile

Money cannot undo the destructive repercussions of nursing home abuse. Families should immediately move to take action if they find out a loved one has been abused or neglected. They are entitled to claim financial compensation to cover medical bills, property repayment, and other expenses.

 It is rarely simple to file a lawsuit against a care home or its employees. Families should consider hiring a personal injury lawyer in Ohio to help them receive the maximum entitled amount of compensation.

What Are The Eligibility Requirements for Nursing Home Abuse Compensation?

Victims of nursing home abuse or neglect can submit a compensation claim. The following are the most typical types of abuse that result in the victim receiving compensation:

  • Physical violence
  • Emotional maltreatment
  • Sexual exploitation
  • Misuse of funds
  • Neglect
  • Abandonment

Nursing home patients can file a claim for compensation if they experience any of the above categories of abuse and neglect. Those who cannot represent themselves in court can have a family member file the suit on their behalf.

Types of Compensation Nursing Home Residents Can Receive?

Residents of nursing homes can file a claim for all of their losses and be compensated for them. The following are the most prevalent compensation categories awarded in nursing home abuse cases:

  • Medical expenses incurred as a result of the abuse
  • The expense of physical therapy
  • Expenses for mental health therapy
  • Moving to a new location costs money.
  • Grocery bills and other basic living costs
  • Property replacement or reimbursement
  • Burial and funeral expenses

In certain circumstances, punitive damages may be appropriate. These damages are associated with nursing home abuse lawsuits more frequently than with other forms of personal injury claims. As stated above, punitive damages are only granted if a defendant’s conduct has been deemed excessively negligent or heinous, which insurance companies and juries strongly agree to apply to nursing home abuse.

Which Factors Influence the Amount of Compensation?

The amount of compensation a person can obtain in a nursing home abuse suit is determined by various criteria. Below are two of the most significant factors:

  • Evidence: A personal injury case must be supported by evidence, and nursing home abuse claims are no exception. Evidence is key to a plaintiff’s suit, and the more evidence they have, the better their chances of winning.
  • Settlement or trial: The compensation varies based on whether the case goes to trial or is settled out of court. Although settlements usually pay out faster, sometimes it’s necessary to risk going to trial to get the money one deserves.