Victims May Be Awarded Damages in Nursing Home Abuse & Neglect Cases
To file a lawsuit against a nursing home, there must be evidence of loss or suffering from the facility’s misconduct.
We are often asked what to expect to recover from negligence or abuse by a nursing home or patient care facility employee. Below please find general information about compensation and legal filings to seek justice. Each case is unique and we welcome the opportunity to offer a free consultation with one of our nursing home abuse attorneys to discuss the facts of your case.
Damages in Nursing Home Abuse & Neglect Cases:
Under South Carolina law, the following types of damages may be compensable:
- Necessary and reasonable medical expenses;
- Actual past expenses for physician, hospital, nursing and laboratory fees, medications, prosthetic devices, etc.;
- Anticipated future expenses;
- Harm from conditions caused by prolonged immobilization;
- Pain and suffering from physical injuries;
- Pain and suffering reasonably likely to occur in the future;
- “Phantom pain” and other subjective pain that may not be readily apparent to others;
- Mental suffering;
- Harm from loss of sleep;
- Disfigurement;
- Past and future impairment of the ability to enjoy life;
- Shortened Life Expectancy; and
- Punitive Damages.
Punitive Damages: Damages that are common in other personal injury cases, such as lost earning capacity, future pain and suffering, and future medical expenses, will not be as significant for older victims in nursing home neglect cases. This makes punitive damages, a monetary compensation designed to punish the party being sued, an important legal option. It may be awarded in cases where it is shown that a nursing home engaged in malicious or reckless conduct. In these cases, you can argue that the nursing home resident was deprived of his or her statutory rights.
Awards against nursing homes are largely comprised of punitive damages. Damages for mental anguish, pain and suffering experienced by the injured person, medical expenses, and the loss of affection and companionship by the surviving spouse or children may also be awarded.
Structured Settlements: Structured settlements involve periodic future payments rather than one lump sum payment. They are used increasingly in personal injury litigation today, but they involve special considerations for the elderly.
For an older person, a structured settlement has the advantages of safety, and income that will not be taxed or need management.
However, if the recipient of the structured settlement dies sooner than expected, he or she will lose the benefit of their future payments. On the other hand, the injured elderly person can have a settlement structured so that his or her grandchildren or other beneficiaries will receive guaranteed settlement payments after death.
If your loved one has been injured while under the care of a nursing home, contact the Strom Law Firm, LLC nursing home lawyers today for a free consultation to discuss your best possible course of action to receive your compensation. We offer flexible appointment times and will aggressively fight for justice.
