How to Prove Damages Your Loved One Suffered From Nursing Home Abuse and Neglect
When you discover a loved one is the victim of nursing home abuse and neglect, you may have to step in to stop the abuse and help him pursue a claim for compensation. However, you must have evidence of the abuse and his damages to pursue compensation. Your attorney may use information provided by you, your family member, his nursing home chart, and other facility documents to prove the abuse. How do you prove the damages that your loved one may be entitled to?
How to Prove Damages in a Nursing Home Abuse and Neglect Case
Understanding the compensation that your loved one could receive is the first step in proving what he is owed. Then you'll know what documents and other information to collect. In these types of cases, an injured victim could be entitled to the following:
- Medical expenses
- Out-of-pocket expenses
- Physical pain and suffering
- Emotional trauma
- Wrongful death
- Punitive damages when the abuse and neglect is especially egregious
Proving the amount of compensation your family member deserves can be challenging. Many of the injuries your family member may have suffered could be psychological and more hidden. However, you must do what you can to document the injuries. Consider using:
- Photographs. If your loved one suffered any physical evidence of abuse, such as bruises, cuts, or visible medical problems, take pictures of the injuries. Be certain each picture is time-stamped.
- Medical bills. If your family member needed medical or mental health treatment as a result of negligence or abuse, save copies of the bills to prove these damages.
- Notes. If you or another family member noticed physical, emotional, or behavioral changes in your loved one, keep detail notes of these observations.
- Witnesses. Witnesses who can testify about how the abuse and neglect affected your loved one can be helpful in proving how he suffered. Your attorney may want to obtain their statements while they still have a clear memory of those experiences.
- Expert witnesses. Your attorney may want to retain a doctor or mental health professional who can evaluate your loved one’s condition and give an expert opinion on how the neglect and abuse affected him.
If you want to prove your loved one’s right to compensation, you'll need the help of an attorney experienced in nursing home abuse and neglect. Call our office today to schedule a free consultation to learn how Alan Morton can assist you.