What Is Nursing Home Abuse Compensation?
Nursing home abuse compensation is money awarded to victims of nursing home abuse (and/or their families) who take legal action against those responsible. This compensation may be awarded as an out-of-court settlement, or it can be the result of a trial verdict.
Seeking compensation holds the assisted living facility responsible for the abuse and can help provide elderly victims with the financial resources to pay for medical expenses and more.
Benefits of Nursing Home Abuse Compensation
Nursing home residents who have survived abuse or neglect may have increased medical needs, which can be expensive.
Compensation gained through legal action can be used for a wide variety of purposes, including:
- Medical bills
- Counseling
- Physical therapy
- Punitive damages
- Costs of a new nursing home
Seeking nursing home abuse compensation can help you or your loved one get peace of mind after a tragic incident. It can also set a precedent, helping ensure future cases of abuse will be recognized and acted on, preventing others from suffering in the same way.
Who Can Get Nursing Home Abuse Compensation?
Both victims of abuse themselves and their families may be eligible for nursing home abuse compensation.
Victims and their families may be eligible to receive compensation if:
- They have been subjected to physical abuse, emotional abuse, financial abuse, or sexual abuse
- They have suffered nursing home neglect
- A wrongful death has occurred
Victims of abuse entered their long-term care facilities with an expectation of proper medical care which should have been provided. Nursing home abuse claims ensure that those who have experienced the mental anguish caused by abuse are recognized and compensated.
Types of Nursing Home Abuse Compensation
You may qualify for compensation from one of two main types of nursing home abuse lawsuits: tort lawsuits and breach of contract lawsuits.
Tort Lawsuit
Tort lawsuits seek damages for civil wrongdoings where an individual suffers loss or harm. These are the most common type of nursing home abuse lawsuits and tend to award the highest compensation.
Situations covered by tort lawsuits include:
- Medical malpractice
- Nursing home negligence or abuse
- Wrongful death cases
Tort lawsuits can be classified as either negligent or intentional. Negligence lawsuits involve situations wherein the victim suffered unintentional mistreatment. For example, the facility may have had a lack of staffing and couldn’t uphold an appropriate standard of care for residents.
On the other hand, intentional tort is pursued when the victim was deliberately abused or neglected with the intention to cause harm.
Breach of Contract Lawsuit
This type of lawsuit is pursued when the contract between the victim and the nursing home was violated. Violation includes any misconduct involving the details outlined in a contract signed by each party.
Breach of contract lawsuits usually receive enough compensation to pay for the victim’s nursing home stay but not much else.
Local Authorities
A third option for dealing with a nursing home abuse case is to notify local authorities. The police department and other protective agencies in your area will work to catch and convict the abuser.
Accessing Nursing Home Abuse Compensation
To receive nursing home abuse compensation, you must take legal action against the abuser and the care facility.
What to expect for a nursing home abuse lawsuit:
- File a civil lawsuit: The nursing home will then file an answer to the complaint.
- Timelines: Timelines for important dates and deadlines will be issued
- Discovery: The parties engage in an investigation
- Motions: The parties may ask the court to make rulings on specific issues.
- Mediation: An agreement will be reached between the two parties.
- Settlement offer: The plaintiff may accept the offer — settling the case — or refuse it and take the lawsuit to trial.
A settlement may be reached at any time after the discovery. It can often take a year or more for compensation to be awarded.
The amount of compensation is based on the severity of the neglect or abuse and the emotional impact it has had on victims. For loved ones seeking justice for a wrongful death claim, compensation can be received for past medical treatment, funeral costs, emotional distress, and more.
When Should I File an Abuse or Wrongful Death Lawsuit?
There are federal and state laws that help protect residents in nursing homes from abuse and neglect. However, there are also statutes of limitations for nursing home abuse lawsuits.
Statutes of limitations restrict the amount of time victims and families have to file a lawsuit. In most states, it averages between 2-3 years, so it’s important to take action against nursing home abuse as quickly as possible. To learn more, get a free legal case review today.
An experienced attorney can help make the complex process of filing a nursing home abuse lawsuit much simpler. They can guide you through the process and help ensure that you receive the compensation to which you and your loved ones are entitled.
Connect With a Nursing Home Abuse Attorney
A lawsuit is an important option for those who have experienced abuse personally or family members that have lost a loved one wrongfully.
Deciding to file a lawsuit can seem like an overwhelming endeavor, but working with an experienced lawyer can make the process as easy as possible.
If you are interested in pursuing legal action against an abusive or neglectful nursing home, get a free case review today.
