Victims of nursing home abuse often endure tremendous psychological distress in addition to physical pain. If you or a member of your family has suffered abuse or neglect in a nursing home, it may be possible to recover compensation for economic damages (objectively verifiable losses) as well as non-economic damages (subjective consequences of the abuse like pain and suffering). In some cases, it is even possible to collect punitive damages, which are intended to punish the defendant and to deter similar behaviors in the future.
The types of damages you can pursue and their value will depend on the facts surrounding your case. Read on to learn about a few factors that may influence the settlement calculations in a nursing home abuse or negligence claim:
1. The Cost of Medical Care
The cost of any medications, surgeries, psychological counseling, and other healthcare your loved one needs as a result of the tortious injury can be included in the settlement calculations. The claim can account for medical expenses already incurred as well as those that are reasonably certain to accrue in the future.
2. The Life Expectancy of the Victim
The life expectancy of the victim may influence the calculations for future damages such as future medical care and ongoing pain and suffering.
3. The Severity and Nature of Injuries
More serious and permanent injuries tend to warrant higher awards for pain and suffering and other non-economic damages. If the victim was married, his or her spouse may have grounds for a loss of consortium claim if the injury has caused a loss of services, support, love, affection, companionship, or sexual intimacy.
4. Whether Punitive Damages Are Warranted
Many nursing home abuse claims are brought under New York Public Health Law (PHL) § 2801-d, which allows for the recovery of attorneys’ fees and punitive damages. To recover under NYPHL, it must be shown that the resident was deprived of a right or benefit and that this violation was the proximate or actual cause of the injury.
Most punitive awards in nursing home abuse and negligence cases are applied to the facility and not to the at-fault caregiver; however, there has been a case of punitive damages being awarded against a physician who allegedly destroyed records to avoid liability. A skilled nursing home abuse attorney can review the facts of your case to determine if punitive damages may be available.
Call 855-585-2969 to Speak with a Nursing Home Abuse Lawyer in New York
The statutes and case law that pertain to nursing home abuse and negligence claims are highly complex, so it’s important that you turn to a law firm that has a track record of success handling these cases. The attorneys at Leitner Varughese have many decades of combined experience and have recovered more than $100 million for clients in nursing home negligence and malpractice cases. We offer free consultations and are available 24/7 to take your call. Dial 855-585-2969 or send us a message to arrange a case evaluation.