Brooklyn, NY- There are numerous unfortunate seniors and families that know first-hand the devastation if nursing home abuse and neglect. Severe cases of abuse and neglect can inflict unnecessary pain and suffering on the victim and their loved ones, so they naturally want to see the parties responsible pay for their actions, especially if the actions were depraved or grossly negligent.
In nursing home abuse claims, then monetary damages awarded to victims are intended to compensate them for specific monetary losses. In case of nursing home abuse, those monetary losses are tied to the medical expenses an elderly person faces because of this mistreatment. Compensatory damages can cover include medical expenses, funeral costs, recovery and rehabilitation costs, and emotional distress. These damages generally make up the bulk of compensation victims receive, but they are not the only damages an elder abuse victim can seek.
On top of compensatory damages, victims of elder abuse may also be eligible to punitive damages. These damages are awarded to seniors and/or their loved ones, if the behavior that led to their injuries or deaths was intentionally inflicted, and was carried out in complete indifference to the victim’s well-being. Legal Dictionary online defines gross negligence as: “conduct that is extreme when compared with ordinary negligence” and “differ in degree of inattention, while both differ from willful and wanton conduct, which is conduct that is reasonably considered to cause injury.”
For instance, if a staff member of a nursing home became angry with you loved and pushed them down. Say that your loved one struck their head and suffered a traumatic brain injury. They may have survived the initial injury but suffered for days before succumbing to their injuries. Because their actions were deliberate and caused your elderly loved one to suffer, you may be entitled to punitive damages. Willfully depriving a nursing home resident of food, water and medical care could also be considered grossly negligent. A whole host of behaviors may warrant punitive damages.
Recovering punitive damages can be more difficult than recovering compensatory damages, so it is important you consult with a nursing home abuse lawyer in Brooklyn to evaluate your case. They will be able to determine what types of compensation you are eligible for and what route you must take in order the receive the necessary and justified settlement amount. Our team of lawyers understand the challenges of recovering punitive damages and will apply that knowledge to your case.
You can count on the elder law attorneys at USAttorneys to investigate your allegations, gather all the relevant evidence, and begin building an effective personal injury or wrongful death claim. When you want the best legal representation, allow us to connect you with an accomplished attorney today. You can count on them to stand up the rights of you and your loved one. Call now and can set up your free case evaluation. It’s a decision you’ll be glad you made.