I Filed a Nursing Home Abuse Claim – What Damages Am I Entitled to?

Plaintiffs are entitled to certain damages in nursing home abuse claims, all of which we can identify, calculate, and prove for victims.

You are entitled to economic and non-economic damages in a nursing home abuse claim. Medical bills, relocation costs, and other economic damages are recoverable. Physical pain, mental suffering, and other intangible damages from abuse are also compensable. Some nursing home abuse lawsuits even yield punitive damages, which are paid in addition to compensatory damages and awarded as a consequence to a defendant for their egregious misconduct.

Call The Reiff Law Firm’s Philadelphia, PA nursing home abuse lawyers to get a free case review at (215) 709-6940.

What Damages Are You Entitled to in a Nursing Home Abuse Claim?

You need to know what damages you are entitled to for nursing home abuse to have a better chance of making a full recovery.

Medical Bills

Physical, sexual, medical, and other forms of abuse in nursing homes cause injuries and health concerns that require medical attention. A nursing home resident might need to go to the hospital after a fall or other incident related to abuse or neglect, or get ongoing care for the consequences of long-term abuse or neglect.

Victims are entitled to all medical bills that result from nursing home abuse, including current and future damages.

Relocation Costs

Nursing home abuse lawsuits can also cover relocation costs. Removing a resident from an abusive environment is often an important step in the healing process, but it can also be a major expense. Get compensation for any money you spent moving into a different, safer senior living facility.

Theft Reimbursement

Financial abuse and other forms of nursing home abuse sometimes involve theft of property or money. You can seek reimbursement for any personal property, cash, or other valuables stolen during a nursing home abuse lawsuit.

Pain and Suffering

Institutional abuse in nursing homes can have disastrous mental effects on residents. Pain and suffering, emotional distress, loss of quality of life, and other non-economic damages are common and recoverable. Depending on the injuries and other tangible damages a victim suffers because of nursing home abuse, pain and suffering might even make up the majority of a victim’s damages.

Punitive Damages

You may also be entitled to punitive damages as a victim of nursing home abuse. Punitive damages are awarded to punish egregious misconduct, such as nursing home abuse. States have different rules for when punitive damages are available, so don’t assume they are even possible in your case without clarifying with our nursing home abuse lawyers.

Punitive damages are not a type of compensatory damages. If they are awarded, they are paid in addition to economic and non-economic damages, never in place of them.

How Can You Get the Damages You Are Entitled to in a Nursing Home Abuse Case?

We can help you get the damages you are entitled to in a nursing home abuse claim by following the statute of limitations, knowing the case’s value, and being prepared for court.

Meet the Statute of Limitations

To get any damages at all for nursing home abuse, you must file your lawsuit before the statute of limitations expires. Filing deadlines vary from state to state, so make sure you confirm the statute of limitations where you live and were abused, so you don’t miss it.

Know Your Claim’s Value

If you don’t know your claim’s value, you might not seek all the damages you are entitled to in a nursing home abuse case or might accept a settlement that is far too low for your actual damages. Accurate damage calculations come from good organization and tracking, which you can expect from our lawyers when handling your case.

Be Prepared for Court

When you take a nursing home abuse case to court, you could get all the damages you seek and then some. Jurors might award more compensation for pain and suffering than what was initially requested, and might require defendants to pay punitive damages on top of compensatory damages.

In addition to preparing your case for court, we can help victims mentally and emotionally prepare for the trial experience.

FAQs About Recovering Damages in a Nursing Home Abuse Claim

How Long Do You Have to Recover Damages for Nursing Home Abuse?

Most likely, your state’s personal injury statute of limitations applies to a nursing home abuse case. For example, in Pennsylvania, the statute of limitations is 2 years. The clock starts to count down on the last instance of abuse, unless it is tolled for an exception.

Is There a Limit to Your Recovery for Nursing Home Abuse?

In general, your recovery of economic damages for nursing home abuse will not be limited, no matter the state you file in. Some states do impose caps on non-economic and punitive damages, and our lawyers can see if any limits apply to your recovery.

Can You Recover More Compensation by Taking a Nursing Home Abuse Claim to Trial?

Taking a nursing home abuse claim to trial can yield greater damages than settling it out of court, especially if there is a possibility of obtaining punitive damages in addition to compensatory damages.

What Evidence Do You Need to Get the Damages You Are Entitled To?

To get the damages you are entitled to for nursing home abuse, you need bills from medical treatment, invoices related to relocation efforts, expert witness testimony, and other witness testimony.

Are Damages Guaranteed in Nursing Home Abuse Claims?

Compensation is never guaranteed when you file a lawsuit, even if you feel entitled to damages. You still need to bring a case that meets the standard of proof and shows that the defendant is liable.

Get Our Help with a Nursing Home Abuse Case

Call The Reiff Law Firm at (215) 709-6940 for a free case discussion with our nursing home abuse lawyers.