How Compensation Works
Meagan Cline. Author
Compensation in nursing home abuse or neglect claims helps families recover from injuries and related expenses. It can also provide peace of mind that justice is served. In this post, we provide some insight into how compensation works – what it is, what to expect, and how to get help.
What is Nursing Home Abuse Compensation?
Compensation from a nursing home abuse lawsuit is a financial payment to the victim and/or their family. In order to obtain compensation, the lawsuit must prove that the resident was harmed and suffered losses as a result.
How is Compensation Awarded?
Compensation in a nursing home abuse or neglect lawsuit is awarded to the victim in one of two ways:
- Settlement: Nursing home abuse lawsuits often settle outside of court. That means the plaintiff (victim) and defendant (alleged abuser) reach an agreement without the case going to trial.
- Verdict: Many abuse and neglect cases do go to trial. At trial, a jury decides the outcome and a judge renders a verdict.
Whether through a settlement or trial, compensation helps to right the wrong. It can go a long way toward securing the safety and security of nursing home residents who have suffered abuse or neglect.
Who Pays Compensation?
The parties responsible for paying compensation may include the nursing home, abusive staff members, insurance companies, or other applicable parties.
Who Can Pursue Compensation?
Anyone who suffers nursing home abuse or neglect can file a lawsuit and pursue compensation. Often, however, it is a loved one that files a lawsuit on behalf of an elderly individual. This is particularly common in cases where the victim is unable to file a case, has diminished mental capacity, or has died.
Damages in Nursing Home Abuse Claims
The value of your nursing home abuse claim will depend on the facts of your case. That includes the type and severity of the injuries, the financial impact, and the emotional toll.
Your claim may pursue compensation for any of the following:
- Medical bills
- Medications
- Costs of moving somewhere else
- Pain and suffering
- Lost income
- Psychological counseling
- Loss of enjoyment of life
- Stolen or damaged property
- Basic living expenses
- Funeral expenses
In some cases, you may also be able to pursue punitive damages. Punitive damages are common in cases where there is maliciousness. These damages seek to punish the abuser and deter them from committing similar actions in the future.
How to Get Compensation for Abuse or Neglect
If you want to learn more about filing a nursing home abuse or neglect lawsuit, the best way to begin is to contact a nursing home abuse lawyer. At Fight Nursing Home Abuse, our lawyers have a great deal of experience helping clients with cases involving abuse and neglect. We are passionate about protecting the rights of nursing home residents and their families.
When you work with us, you have access to resources, knowledge, and experience you won’t find anywhere else. That means you will have the best chances of securing compensation and justice for your loved one.
To learn more about how compensation works, call us at 866-548-9636, or fill out the form on your screen. Our nursing home abuse lawyer offers free consultations to every potential client, so you have nothing to lose.
Meagan Cline is a professional legal researcher and writer. She lends her expertise to FNHA and our websites, including Birth Injury Guide and MedMalFirm.com.