Discovering that a loved one has been a victim of nursing home abuse or neglect is both heartbreaking and angering. Families entrust nursing homes with the care and well-being of their loved ones, and when that trust is broken, it can lead to emotional and financial distress, physical harm, or worse.
If your loved one has experienced abuse or neglect in a Virginia nursing home, you have the right to seek justice. This often includes filing a lawsuit to pursue compensation for the damages suffered. But what types of compensation can you expect to recover? Below, we’ll explain the key categories of compensation families can seek through a nursing home abuse lawsuit.
Types of Compensation in Nursing Home Abuse Cases
When pursuing a lawsuit, you may be eligible for several forms of compensation. These can be broadly categorized into three types: economic damages, non-economic damages, and, in certain cases, punitive damages.
1. Economic Damages
Economic damages refer to the measurable, financial losses resulting from the abuse or neglect. These are tangible costs you’ve incurred or will incur, and they include:
- Medical Expenses
Nursing home abuse often leads to medical issues, including untreated injuries, bedsores, malnutrition, or severe physical harm. Compensation can cover hospital bills, rehabilitation costs, medications, or even long-term medical care required due to the abuse.
- Relocation Expenses
If your loved one must be relocated to a safer facility, the cost of transferring them to a new nursing home or rehabilitative facility can be included in your claim.
- Lost Personal Assets
If financial exploitation occurred, such as theft of your loved one’s money, fraud, or misuse of assets, you can seek reimbursement for those losses.
2. Non-Economic Damages
Non-economic damages address the emotional and psychological toll that abuse or neglect inflicts on victims and their families. These damages, though harder to quantify, often make up a significant portion of claims. Common examples include:
- Pain and Suffering
Victims of abuse often experience trauma, physical pain, or emotional anguish. This form of compensation seeks to provide justice for the suffering they endured.
- Loss of Dignity and Quality of Life
Abuse in nursing homes can shatter a person’s self-esteem and dramatically reduce their quality of life. Compensation in this category reflects the loss of a sense of safety and well-being.
- Mental Anguish
Both victims and their families often experience profound emotional distress. This can include feelings of guilt, grief, anger, or deep sadness over knowing their loved one was subjected to mistreatment.
3. Punitive Damages
Punitive damages are not awarded in every case, but they may apply if the abuse was particularly egregious or intentional. Unlike economic or non-economic damages—which aim to compensate the victim and their family—punitive damages are meant to punish the at-fault party and deter others from engaging in similar behavior.
Virginia courts may award punitive damages if the nursing home staff, administrators, or facility operators acted with gross negligence, intentional harm, or willful disregard for the safety of residents.
Why Seek Compensation?
Seeking compensation is about more than financial reimbursement. By holding negligent nursing homes accountable, you can:
- Ensure your loved one receives the care they need to recover.
- Cover the cost of relocating them to a safer facility.
- Shine a light on negligent practices, potentially protecting others.
- Gain a sense of justice and closure for your family.
How to Start the Legal Process
Filing a nursing home abuse lawsuit may feel overwhelming, but you don’t have to go through this alone. Partnering with an experienced legal team can ease the process, allowing you to focus on your loved one while attorneys handle the legal complexities.
Here are two key steps to get started:
- Document Evidence
Gather all relevant documentation, including medical records, photographs of injuries or unsafe conditions, financial statements (if financial abuse occurred), and any correspondence with nursing home staff.
- Consult with an Attorney
A qualified attorney who specializes in nursing home abuse cases can evaluate your case, guide you through the process, and fight for the justice and compensation your loved one deserves.
Getting Justice and Support for Virginia Families
At Obenshain Law Group, our team understands that nursing home abuse cases are deeply personal. We’re here to provide compassionate guidance and experienced representation for Virginia families seeking accountability and justice.
If you believe your loved one has suffered mistreatment in a nursing home, please don’t hesitate to reach out. Our dedicated legal team is ready to help with advice, support, and strong advocacy.
Call us today at (540) 318-7360 for a free consultation. Together, we can fight to protect your family’s rights and dignity.