Damages For Nursing Home Abuse: Impact Of Age On Compensation

Nursing home abuse and neglect are intolerable, and the laws in Florida are harsh on facilities that cause harm to residents. A resident, often through family members, has the right to pursue an assisted living center for all injuries resulting from intentional misconduct or negligence. Florida’s statute allows civil enforcement, so it is possible to recover damages from the nursing home, management firm, managing employees, and any direct caregivers. Compensation in a nursing home injury case aims to put the victim in the same position he or she would have had the misconduct not occurred.

The laws about monetary damages do not change just because the resident is elderly, but application of the key concepts is different. As such, you should rely on a Miami nursing home injury lawyer to ensure you pursue all potential parties and recover full compensation for your losses. Some considerations on monetary damages for the elderly are also informative.

 Some Economic Damages are Limited 

One category of compensation in a nursing home abuse claim is economic damages, which cover the defined losses the victim suffers. Medical costs to treat the resident’s injuries may be a large percentage within this class, as there are expenses related to emergency treatment, transportation, hospitalization, surgery, and other care.

Lost income can also comprise a sizable portion of economic damages in a personal injury case, because the victim misses out on wages when unable to work. In claims involving nursing home injuries, this category of compensation would not apply to a resident who does not work anyway. 

Quality of Life Issues 

Noneconomic damages like pain and suffering are also available in personal injury cases like those involving nursing home abuse and neglect. Compensation is based upon how the injuries affect the resident’s enjoyment of life and ability to enjoy favorite activities. Because of the limitations on economic damages mentioned above, it is crucial to focus on noneconomic losses to maximize compensation. Besides pain and suffering, examples include:

• Emotional distress
• Anxiety and depression
• Mental suffering
• Scarring and disfigurement

Option for Seeking Punitive Damages 

This is another alternative for damages when a person suffers nursing home injuries, but punitives are only available in rare, egregious cases. Punitive damages are meant to punish the at-fault party for misconduct, and they also serve to discourage others from engaging in the same acts. In Florida, punitive damages are only available for:

• Intentional misconduct that the party knows is wrongful and would cause harm to the resident
• Gross negligence, which is misconduct that is so reckless that it constitutes a disregard for the resident’s safety

Our Florida Nursing Home Injury Attorneys Will Provide Details 

Monetary damages may be different depending on age, but a resident who suffered harm in a nursing home is still entitled to proper compensation. To learn how our team at Freidin Brown, P.A. can assist with your claim, please contact our offices in Miami or Fort Myers, FL. We can set up a free case evaluation to review your circumstances and discuss strategy.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0400/Sections/0400.023.html