Updated March 19, 2019 | By Wilson Kehoe Winingham staff
Nursing home abuse takes several forms—physical, sexual, or emotional abuse as well as financial exploitation or neglect—and with one in ten elders in the United States experiencing abuse, there is no shortage of victims.
These victims deserve to receive proper compensation for what they have suffered.
Damages are intended to financially compensate nursing home residents and/or those bringing claims on behalf of nursing home residents for injuries or abuse. Some damages are easy to calculate, but other instances can get complicated. How do you quantify someone’s mental anguish or pain and suffering? What about future medical expenses or a loss of companionship?
Two categories of damages, compensatory and punitive, help to address these concerns.
Compensatory damages are meant to right a wrong through financial compensation. They are the damages most often awarded in personal injury cases such as nursing home abuse lawsuits.
These damages compensate nursing home abuse victims for their injuries, harms, and losses and are categorized into economic and non-economic damages.
Economic damages are quantifiable and can include the following:
Most nursing home residents are no longer employed, so lost wages or income are not usually a factor.
Non-economic damages, on the other hand, are more subjective. These losses are immeasurable and can be difficult to estimate. An experienced attorney can help you calculate non-economic damages.
These uncountable damages are varied:
Award amounts of non-economic damages often exceed those of economic damages.
Punitive damages are meant to punish the wrongdoer and deter similar behavior in the future. If their actions showed a significant disregard for or indifference of the rights of the victim, punitive damages may apply.
These damages are reserved for cases involving intentional, malicious, or reckless actions. They are usually not awarded in negligence cases.
If you suspect that your elderly loved one is being abused, contact the Indianapolis Nursing Home and Elder Abuse Attorneys of Wilson Kehoe Winingham. The experienced lawyers at WKW can help you fight for the compensation you and your family deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.
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