How Much Is My Nursing Home Abuse Claim Worth?
Nursing home abuse can have devastating consequences with lasting repercussions for both the victim and his or her loved ones. When residents receive substandard care—or suffer downright abuse—it takes a physical, emotional, and financial toll.
In addition to the victim’s physical pain and emotional distress, those closest to him or her will undoubtedly experience their own grief upon learning of the abuse. And when the hospital bills start coming in, it will only add more stress to an already tense situation.
If you or someone you love suffered abuse at the hands of nursing home staff, filing a claim against the facility will not undo the trauma your family has endured; however, if your case is successful, the resulting payout may provide the means to secure the best care possible moving forward.
In New York, victims of nursing home abuse may seek compensation for both the economic and non-economic damages that they incur. And in certain scenarios, they’re also entitled to a punitive award.
Naturally, the specific damages you will be able to pursue and their potential value will depend on the circumstances. There are, however, some general factors that will typically influence the settlement calculations. Such factors include:
1. The Victim’s Life Expectancy
If the abuse caused permanent harm, such as scarring, disfigurement, or disability, the victim’s life expectancy will impact estimates for damages like anticipated medical care, ongoing rehabilitation, and continued pain and suffering.
2. The Severity of the Injuries
More serious injuries typically warrant more compensation for economic damages like hospital bills and non-economic damages like loss of enjoyment in life. Since the extent of the victim’s injuries can have such a significant impact on the settlement calculations, it is often necessary to wait until he or she has reached maximum medical improvement to commence the negotiations.
3. Whether a Punitive Award Is Warranted
New York Public Health Law (PHL) § 2801-d permits victims of nursing home abuse to recover punitive damages and attorney’s fees when applicable. To successfully bring a claim under this law, it must be shown that the victim was deprived of a particular right or benefit. You must also prove how the disadvantage in question contributed either directly or proximately to the victim’s injuries or declining health.
Under NYPHL, punitive damages that are awarded in nursing home abuse cases are typically applied to the long-term care facility, as opposed to the staff member who committed the transgression. There are scenarios, however, in which punitive damages can be awarded against the actual caregiver who abused the resident.
Call 716-855-3761 to Discuss Your Case with a New York Nursing Home Abuse Attorney
At LoTempio P.C. Law Group, we have a passionate commitment to helping our clients fight for the highest possible compensation against those who have wronged them. We will use all the resources at our disposal to prepare your case for court even if a settlement is the expected outcome. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation with a nursing home abuse lawyer in New York.