In a nursing home abuse case, the damages that can be recovered usually include both economic and non–economic damages. That said, in some cases, punitive damages might also be awarded, though it depends on the details of the situation.
More specifically, punitive damages are usually only considered in circumstances where the nursing home’s conduct goes beyond ordinary negligence. It must exemplify willful misconduct, recklessness, or a conscious disregard for the safety and well-being of residents.
To know with greater clarity which damages can be recovered in your nursing home abuse case, in particular, it’s wise to contact an Atlanta nursing home abuse lawyer as soon as you can.
The Process of Recovering Compensation For Medical Bills
In many cases, the financial burden imposed by nursing home abuse cases often starts with medical treatment. For instance, a preventable bedsore can lead to infections that require hospitalization. Likewise, falls can require immediate surgery and long-term recovery.
Furthermore, sepsis cases often involve intensive care, which is infamous for being expensive. The silver lining here is that these costs can be included in your nursing home abuse claim. That means not only the bills you’ve already received, but also future medical expenses.
If your loved one now needs a higher level of care or ongoing treatment as a result of the abuse they were subjected to in the nursing home, those projected costs matter. Your attorney might work with medical professionals who can estimate what those future expenses could look like.
Proving Pain and Suffering as Non-Economic Damages
Nursing home abuse cases often inflict emotional distress and physical discomfort. More specifically, pain and suffering damages are meant to address what your loved one went through physically and emotionally.
This can include chronic pain from untreated bedsores, fear or confusion after repeated falls, and the anxiety of being abandoned in unsafe conditions. In the state of Georgia, these damages are recognized as a part of a nursing home abuse case.
However, they are not calculated with a one-size-fits-all formula, and that’s why help from an attorney is encouraged. Families often feel like this part of their situation is overlooked, but it’s a central part of the way lawyers try to relay the full impact of your loved one’s neglect.
When Are Wrongful Death Damages Available to Surviving Family Members?
In serious cases, nursing home abuse or neglect can lead to wrongful death. When that happens, wrongful death damages can be recovered in nursing home abuse cases. In Georgia, families can pursue compensation related to the full value of the life of their loved one.
This can include both economic contributions and intangible aspects, also known as non-economic damages. You might also be able to claim compensation for funeral costs and burial expenses, as well as any medical costs that were incurred before death.
These cases are understandably emotional, and the legal process can feel overwhelming, but you’re not alone when you have a lawyer by your side. Your attorney can guide you through each step of the process while making sure everything is handled properly as you grieve.
Out-of-Pocket Costs That You Might Not Think About
Beyond all of the newly accrued medical bills, there are often out-of-pocket expenses that add up over time. Transportation to appointments, specialized equipment, additional caregivers, or relocation to a safer facility are all costs that can be recovered in your nursing home abuse case.
They might not seem like a lot individually, but together, these fees add up and reflect how you have been impacted financially in the aftermath of the abuse. Your attorney will help you document these expenses to make sure they are included in your documentation.
When to Pursue Punitive Damages in a Nursing Home Abuse Case
In some situations, Georgia law allows for punitive damages. These aren’t meant to compensate you directly for a loss, but rather, they will punish particularly egregious behavior with the goal of discouraging similar conduct in the future.
Not every case qualifies for punitive damages. That said, they might be introduced as a possibility if there’s any evidence of extreme negligence or a pattern of misconduct within the facility. For example, imagine a nursing home failed to address ongoing safety issues.
This could be a factor that is taken into consideration when deciding if punitive damages should be an option. Your lawyer can evaluate whether this type of damage might apply to your case and how it could affect your overall claim.
Contact Schenk Nursing Home Abuse Law to Learn What Damages Can Be Recovered in a Nursing Home Abuse Case
To find out what damages can be recovered in your nursing home abuse case, turn to the law firm of Attorney Rob Schenk. With Schenk Nursing Home Abuse Law by your side, you won’t have to guess what you’re owed or hope that you’ll receive a fair settlement offer.
Instead of trying to figure out what your loved one’s nursing home abuse case is worth, we will take a look at the details of your situation and identify the value of your circumstances. From there, we can represent you and yours throughout every step of the legal process.
Since 2022, Schenk Nursing Home Abuse Law has recovered millions in compensation for people just like you. Give us a call as soon as you’re available.
