Nursing home abuse is a deeply troubling issue – and more common than many people are led to believe. According to data from the National Council on Aging (NCOA), around 5 million Americans residing in nursing homes are subjected to abuse.
At Midwest Injury Lawyers, we’ve managed hundreds of nursing home settlements, and each one is deeply heartbreaking. Fortunately, the law protects victims and their families from negligence within these facilities.
Pursuing justice (and compensation) for abuse cases or nursing home neglect does more than just hold negligent facilities accountable; it sends a message that this type of abuse is unacceptable and will not be tolerated. In this post, we will discuss the types of nursing home abuse compensation families may pursue, provide an overview of the claims process, and how legal action can help protect the rights of your loved ones.
Understanding Nursing Home Abuse
Nursing home abuse – or elder abuse – is characterized as residents suffering physical, emotional, or financial harm due to the actions of caregivers, facility staff, and other administrators.
The most common forms of nursing home abuse we see include:
- Physical harm
- Verbal insults
- Threats
- Intimidation
- Isolation
- Neglect
- Financial exploitation
- Sexual abuse
- Improper medication
Unfortunately, many victims of nursing home abuse are not able to speak up for themselves. This is commonly due to threats, intimidation, or other forms of negligence.
Seeking rightful compensation and justice works to provide families with financial relief to cover the costs associated with their loved one’s harm. Beyond monetary support, pursuing compensation also holds the facility accountable, encouraging better care for other residents.
Types of Compensation Available in Nursing Home Abuse Claims
Families of victims may be entitled to a wide range of compensation following abuse. Each type of compensation addresses a different aspect of the harm received, providing families with a way to pursue justice.
The major types of compensation in a nursing home lawsuit settlement include:
1. Medical Treatment Expenses
Medical bills are one of the most common types of compensation victims (and their families) pursue in nursing home abuse cases. For example, if the facility did not provide adequate care – and the victim suffered from bed sores – the treatment to manage these symptoms can be extensive.
These costs can add up quickly, especially if the abuse resulted in serious injuries that require ongoing medical care. Some of the most common expenses to be recouped in these cases include:
- Medical treatments
- Hospital visits
- Surgeries
- Medications
- Physical therapy
- Mental health services
Making sure these expenses are covered helps families avoid financial strain and gives the victim the care they need to recover.
2. Pain and Suffering
Pain and suffering compensation – which is classified as a “non-economic damage” – addresses both the physical and emotional pain caused by the abuse. Unlike the medical expenses listed in the previous section, pain and suffering expenses are a bit more ambiguous, and difficult to quantify. Common types of pain and suffering includes:
- Discomfort
- Mental anguish
- Emotional distress
- Anxiety
- Physical pain
- Loss of enjoyment of life
Pain and suffering compensation generally recognizes the emotional toll of the abuse, providing support for the trauma experienced.
Keep in mind, trying to negotiate for pain and suffering in nursing home abuse settlements is extremely difficult without a skilled personal injury attorney. They will help you quantify these damages and build a strong case to negotiate for them.
3. Wrongful Death Compensation
In the worst case scenarios, nursing home abuse or neglect can lead to the victim’s untimely death. Families of the victim may file a wrongful death claim to hold the facility and the staff accountable.
Wrongful death claims seek compensation for the loss of a loved one and the impact on surviving family members. This commonly involves:
- Funeral expenses
- Loss of companionship
- Loss of financial support
Compensation for wrongful deaths work to provide justice for families and recognizes the deep loss they have suffered. It’s strongly recommended to work with a nursing home abuse attorney with experience in wrongful death claims.
4. Financial Exploitation
Financial abuse is one of the most common forms of nursing home abuse. This is because it tends to take a less aggressive form. Nursing home staff may seem warm and friendly in an attempt to not raise alarm bells.
For instance, we’ve seen cases where a nursing home staff member took control of a resident’s credit card without their knowledge. The card was used for personal purchases, including an auto-pay for their own bills.
Families may seek compensation to recover these stolen assets. These claims commonly involve:
- Recovery of stolen funds
- Fraudulent charges
- Compensation for any transactions made without permission
For families of nursing home residents, we recommend you keep an eye on your loved one’s bank accounts and credit card statements, especially if they are exhibiting signs of mental deterioration – as these residents tend to be the most common victims of financial exploitation.
5. Punitive Damages
Punitive damages are additional financial penalties meant to punish the nursing home or staff members for egregious or intentional wrongdoing. For example, if the nursing home staff intentionally withholding food or medicine – which resulted in complications from malnutrition – families may be eligible to pursue punitive damages.
Another example that may warrant these types of damages is extreme physical abuse, like if a staff member struck or shoved a patient out of anger.
Punitive damages in a nursing home abuse case are meant to send a message to others while holding the responsible party accountable. The intention is to encourage nursing homes to implement better safeguards to prevent future abuse.
Building a Strong Case for Nursing Home Abuse Compensation
The first step in seeking compensation for nursing home abuse involves families establishing that the nursing home was negligent or directly responsible for the abuse. Now, this may sound straightforward, but it tends to be a complicated process.
Most nursing homes have insurance providers and legal defense teams protecting them against these types of claims. Without a skilled attorney, seeking justice for your loved one will be very difficult (and maybe impossible).
Your lawyer will guide you in gathering evidence to begin building your case. This includes medical records, witness statements, photographs of injuries, and financial records in cases of financial abuse.
Here is an overview of how these types of cases are managed:
Consultation with a Nursing Home Abuse Lawyer
You and your family will meet with an attorney to discuss the alleged abuse, gather and review evidence, and determine the next steps. The goal of the consultation is to determine if there is enough evidence to proceed and sets expectations for the legal process.
Investigation
The personal injury attorney will guide you in gathering more exhaustive evidence. This typically includes medical records, witness statements, photos of injuries, and any financial documents in cases of financial abuse.
The goal here is to build a strong foundation for the case and identifies all potential sources of responsibility.
Speak with Medical Experts
Your attorney will likely work with medical professionals to assess the extent of the resident’s injuries and provide expert testimony on the standard of care expected. These insights can clarify how the facility’s actions fell short of acceptable standards – and will be crucial in the injury claim.
Filing the Lawsuit
Once there is enough evidence that nursing home abuse occurred, you and your attorney may file a formal complaint against the nursing home or responsible parties to begin the legal process. This filing marks the official start of the case and notifies the liable party(s) of the legal action pressed against them.
Discovery Phase
In this step, both sides will exchange evidence and information, including all documentation, medical records, depositions, and interrogatories to strengthen the case in pursing nursing home abuse compensation.
The goal of this phase is to uncover any details the facility may be withholding and assess the strength of the opposing side’s arguments.
Nursing Home Abuse Settlement Negotiations
After discovery is completed, your nursing home abuse attorney will negotiate with the nursing home’s insurance company to reach a settlement, if possible. The purpose of these negotiations – and agreeing to a settlement – is intended to avoid a lengthy trial while still earning appropriate compensation for the victim and the family.
Trial Preparation
If neither side agree to a settlement, your attorney will prepare for trial by organizing evidence, further developing arguments, and preparing witnesses to make statements. Trial preparation involves ensuring all legal arguments are sound and ready for presentation in court.
Taking personal injury cases to trial is rare, but may be necessary to earn rightful nursing home abuse compensation.
Trial – Nursing Home litigation
Your lawyer will present the case to a judge and jury, in which both sides argue before a court – which will determine liability and damages. The trial gives the family a chance to present their case fully, and the judge or jury’s decision provides a resolution.
Post-Trial Resolution
Once a verdict is reached, the compensation for damages will awarded; if either party appeals, there may be further legal proceedings. This phase makes ure that compensation is secured or that any issues with the verdict are properly addressed.
How Long Do Families Have to File a Claim?
In Illinois, families generally have two years from the date of the abuse to file a claim. In some cases, the abuse may be discovered later (long after the fact) – and the statute of limitations may start from the date of discovery. You’ll need to speak with a local personal injury attorney to learn more about this – as each case is unique.
The Next Move
Nursing home abuse is a heartbreaking and serious issue that no nursing home resident (or their families) should have to go through.
When a loved one suffers harm at the hands of those trusted with their care, seeking nursing home abuse compensation is the best course of action toward justice. From medical expenses and pain and suffering to punitive damages, compensation helps ease the burden on families and ensures that the nursing home is held accountable.
If your loved one has suffered abuse in a nursing home, Midwest Injury Lawyers is here for you.
Our firm operates on a contingency fee agreement, meaning we don’t ask for anything upfront to take your case. Get in touch today for a FREE consultation to discuss your nursing home abuse lawsuit.