When you or a loved one suffers mistreatment in a long-term care facility, you should take steps to understand your legal rights to financial recovery. Recoverable damages in Wesley Chapel nursing home abuse cases may include compensation for medical expenses, pain and suffering, and psychological trauma.
However, proving these damages can be challenging without the assistance of an experienced nursing home abuse attorney. At Distasio Law Firm, our team of dedicated legal professionals can gather the evidence necessary to demonstrate the full extent of your losses and demand comprehensive compensation from the at-fault parties.
Recoverable Damages for Victims of Nursing Home Abuse
There are three main types of compensation that a victim of nursing home abuse or neglect may pursue with the help of a seasoned Wesley Chapel attorney:
Economic damages refer to financial expenses incurred due to abuse or neglect, such as past and future medical care costs.
Non-economic damages refer to human losses such as:
- Physical pain and suffering
- Mental anguish
- Loss of enjoyment of life
In the case of wrongful death, non-economic damages could also include loss of companionship and the pain and suffering of surviving family members, such as a spouse or adult child.
In some cases, the court may award punitive damages if the high-level management of the facility was aware of wrongdoing and the employee’s conduct was particularly egregious. Proving punitive damages are appropriate is difficult, but if awarded, they can serve as a deterrent for future misconduct by the facility.
A Nursing Home Abuse Lawyer from Distasio Law Firm Can Help
To prove damages in a nursing home abuse case in Wesley Chapel, a proactive lawyer conducts interviews with family members to understand how the facility or staff’s mistreatment affected the resident. If the resident can communicate, they are also interviewed. The attorney then uses this information to identify the factors that resulted in the damages and thoroughly examines medical records to determine the extent of the injuries and their impact on the resident.
They may also take depositions of nursing home staff as additional evidence and hire expert witnesses to testify about how the wrongdoing has affected the resident.
Can A Life Care Plan Impact Damages?
Developing a life care plan can significantly impact a damages award in a Wesley Chapel nursing home abuse case, though it is not a common practice.
In situations where the resident requires ongoing care due to abuse or neglect, our firm may recommend hiring a life care planner. These professionals are experts in identifying medical care needed in the future and associated costs over the remaining lifetime of the resident. The life care planner compiles this information into a report and provides testimony in court, which can be used to verify the future economic damages and significantly increase the case’s value.
Discuss Potential Damages in Nursing Home Abuse Cases with a Wesley Chapel Attorney
In a nursing home abuse and neglect case, the primary goal is to hold the facility accountable for its wrongdoing. The most effective way to do this is by making them financially responsible. To achieve this, the damages that resulted from the abuse or neglect must be proven and presented in a way that a jury can understand and assign a monetary value to. This includes gathering information on the costs of medical care, as well as describing the injuries, pain and suffering, and loss of enjoyment of life that the resident has experienced in a way that allows the jury to assign a fair value to these damages.
A skilled attorney like Scott Distasio can handle every step of this process when pursuing damages in your Wesley Chapel nursing home abuse case. Call now to get started.