Factors in an Elder Law Case

Posted on behalf of Henness & Haight on Sep 10, 2015 in Nursing Home Abuse News

If you have a loved one in a nursing home or assisted living facility who is the subject of neglect, abuse or injury that could have been avoided, you are certainly entitled to compensation for the suffering experienced. It is important to gather all of the information you can and keep detailed records of the experience to help your Nevada personal injury attorney prove your complaint. Here are some of the factors that can come into play in an elder law case for which you may receive compensation.

The Basics

The basic level of damages you can recover from an elder law case include medical expenses for immediate treatment, as well as past hospital and other medical fees including labs, medication, prosthetics, and the like. In addition, you can add anticipated future expenses including mental anguish, pain and suffering, and a reduced ability to enjoy life. If the injury results in shortened life expectancy, the courts may take this into account when it comes to how serious the injury was, potential future earnings and mental suffering.

Mental Anguish

If your loved one has experienced disfigurement, pain and suffering or other aspects which affect their ability to enjoy life, you can be entitled to compensation for these damages. Many elderly people experience severe stress and fear based on perceived consequences of reporting abuse, or of the injury getting exacerbated while they wait for help.

Other causes of mental anguish can include concern about how the accident could've been worse, about their future health and wellness, fear of the consequences of recovery or necessary treatment, and concern that they could be vulnerable to future injury. It is not uncommon for patients to experience post-traumatic stress disorder following a nursing home injury, and this, too, can be cause for compensation.

Disfigurement

When people think of disfigurement, they usually think of the loss of limbs, severe scarring or permanent negative alteration of their body. Disfigurement, however, can be temporary as well. If a person suffers hair loss due to stress or having their head shaved, for example, this can be considered disfigurement. It is an alteration in appearance that harms the dignity of the elderly person.

Punitive Damages

Punitive damages refer to compensation awarded as a punishment to reckless, malicious or otherwise abusive conduct by the nursing home. These damages often depend on demonstrating that your loved one was deprived of their basic human rights and dignity.

The Personal Injury Attorney

If you or a loved one is injured due to negligence or abuse in a nursing home, it is vital to call on the services of a qualified Las Vegas nursing home abuse attorney. These men and women will be your best friend in obtaining the awards to which you are entitled. They will not be bullied or fall prey to insurance company avoidance tactics and will never quit fighting for your rights.