4 Types of Compensation You Could Be Entitled To
When placing a parent in a nursing home, you hope you have chosen a good home where he will receive excellent care. Unfortunately, this does not always happen, and you may discover that that the nursing home is neglecting or abusing your parent. This could result in your parent suffering injuries, like a hip fracture or bedsores, or having a medical condition turn into a life-threatening problem because the nursing home did not treat it. If this occurs, you may have to help your elderly parent file a lawsuit against the nursing home.
Types of Compensation You May Be Able to Pursue
If you are forced to sue a nursing home, one of your main concerns could be the compensation your parent or family could be entitled to. In nursing home abuse and neglect cases, the following types of compensation could be awarded:
- Economic damages. These would include medical bills, prescriptions, physical therapy, and any other therapy the nursing home resident needs, as well as any other documented expenses.
- Emotional trauma. These would include compensation for the pain and suffering and emotional distress that the nursing home resident suffered.
- Wrongful death damages. These would include compensation to the family members for the loss of consortium, which is the loss of the family relationship, if the nursing home resident died as a result of the abuse and neglect.
- Punitive damages. These would be damages to punish the nursing home rather than to compensate the victim. To be entitled to this type of damage, a person would need to show that the nursing home engaged in oppressive, fraudulent, malicious, or outrageous conduct.
Caps on Damage Awards
In Idaho, there are caps, or limits, on the amount of damages that a victim of nursing home abuse or neglect can recover. The following types of compensation are capped:
- Non-economic damages. These include the emotional trauma and wrongful death damages a victim and his family suffers. There is a $250,000 limit on these damages, which is adjusted annually based on the average annual wage in Idaho. This cap does not apply to actions arising out of willful or reckless behavior, felonious actions, or punitive damages.
- Punitive damages. These damages are capped at $250,000 or three times the amount of the compensatory damages awarded, whichever is greater.
Have you or a family member been the victim of nursing home abuse or neglect? Contact our experienced and compassionate legal team at 888.716.8021 to learn about your legal rights and the compensation you could be entitled to.
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