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Damages: Nursing home cases and financial awards

If your loved one is injured in a nursing home, then you have a few options as far as recouping the costs of medical treatment and other losses.

If you decide to make a complaint against the nursing home, your attorney will help you collect all the evidence for your case as well as any documentation that shows the losses that have been suffered as a result of the nursing home's conduct.

What kinds of damages can you seek from a nursing home?

Every case is different, but the basic types of damages that you can seek from a nursing home include:

  • Harm from the loss of sleep
  • Pain and suffering that is likely in the future
  • Phantom pain
  • Mental anguish
  • Past and future inability or impairment to enjoy life
  • Harm caused by immobilization for prolonged periods of time
  • Anticipated future expenses
  • Physical injuries

Essentially, any emotional or physical harm caused, as well as the bills associated with those injuries, should be covered by the nursing home if it is proven that it is at fault for your loved one's injuries.

What is mental suffering?

Mental suffering is one of the unique items that monetary damages may be paid out for. Mental suffering isn't just depression or anxiety. It may also include:

  • Fear of the need for surgery
  • Fear while awaiting help for an injury
  • Post-traumatic stress disorder
  • Fear of vulnerability

There are other factors that may play a role in obtaining monetary damages for mental suffering as well.

Is it possible to obtain punitive damages?

Every case has its own unique points, but punitive damages could be awarded if it's shown that the nursing home was reckless or malicious when treating your loved one (or failing to treat your loved one). Punitive damages are typically awarded as a kind of "bonus" to the victim and used as a significant penalty to the nursing home.

Others may also be able to obtain damages, such as survivors, heirs, dependents and spouses. For these individuals, they may wish to claim a loss of consortium, loss of parental advice or other losses that give them a way to make a claim. These would fall under general damages, not punitive damages. Most families have the ability to seek compensation for themselves when their loved ones' deaths have affected them emotionally or financially.

These are a few things to think about when considering a nursing home lawsuit. There is a possibility to seek fair compensation for any losses suffered.

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