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Compensation for a Nursing Home Abuse Claim

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Compensation for a Nursing Home Abuse Claim

March 15, 2022
By Lafferty Gallagher Scott

There is no amount of money that can undo the devastating effects of nursing home abuse. However, when loved ones learn that a family member has suffered from abuse or neglect while in a nursing home, they can file a claim for financial compensation that can offset the financial burden of medical expenses, reimbursement of stolen property, and more. Filing a claim against a nursing home facility or its staff members is rarely easy. An Ohio nursing home abuse lawyer can help ensure families receive the full compensation to which they are entitled.

Who is Eligible for Nursing Home Abuse Compensation?

Whenever nursing home abuse or neglect occurs, the victim can file a claim for compensation. The most common types of abuse that result in the victim obtaining damages include:

  • Physical abuse
  • Emotional abuse
  • Sexual abuse
  • Financial abuse
  • Neglect
  • Abandonment
  • Self-neglect or self-abuse

When any of the above types of abuse and neglect occur, nursing home residents can file a claim for compensation. If an elder is unable to file a claim on their own, a family member can file a claim on their behalf.

What Types of Compensation Can a Nursing Home Resident Receive?

Nursing home residents can include all of their losses within a claim and in turn, receive compensation for all of them. The most common types of compensation awarded in nursing home abuse claims are as follows:

  • Medical bills stemming from the abuse
  • Physical rehabilitation costs
  • Mental health counseling expenses
  • Cost of moving to another facility
  • Basic living expenses, such as grocery bills
  • Reimbursement of damaged or stolen property 
  • Funeral and burial expenses

In some cases, punitive damages may also be applicable. These damages are sometimes awarded more commonly in nursing home abuse cases than in other types of personal injury claims. This is because punitive damages are only awarded when a defendant’s actions are considered grossly negligent or egregious, which insurance companies and juries often agree applies to nursing home abuse.

What Factors Affect the Amount of Compensation Obtained in Nursing Home Abuse Claims?

There are many factors that will affect the amount of compensation a person can receive in a nursing home abuse claim. The two main factors are as follows:

  • Evidence: Evidence is crucial when proving any personal injury claim, and those involving nursing home abuse are no different. The more evidence a person has, including witness testimony, video camera footage, pictures, and more, the stronger a case is and the more compensation a person can receive.
  • Settlement or trial: Whether a case goes to trial or is settled out of court can have either a positive or negative impact on the amount of compensation a person can receive. Settlements are usually preferred, as individuals can receive compensation sooner but sometimes, it is necessary to take a chance at trial to obtain the compensation a person deserves.

Our Nursing Home Abuse Lawyer in Ohio Can Provide the Sound Legal Advice You Need

If you or someone you love has suffered as a result of being in a nursing home facility, our Ohio nursing home abuse lawyer can help. At Lafferty, Gallagher & Scott, LLC, our skilled attorneys are dedicated to helping families through this difficult time and we want to help you, too. Call us today or contact us online to schedule a free consultation.

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