What Are The Potential Damages Available In Elderly Physical Abuse Claim?

When an elderly gets seriously injured or dies as a result of physical abuse in a nursing home, the relatives or family members can recover damages from the responsible party. However, proving damages may prove to be complicated. The court will consider several factors in determining the amount of compensation that the family of the elderly can receive. The website of Karlin, Fleisher & Falkenberg reveals that it is possible to collect damages from elderly physical abuse.

Mental Suffering

It is an established scientific fact that mental well-being is an important component of our health and quality of life. The court may award compensation based on this assumption.

Disfigurement

Disfigurement due to scars, amputations, hair loss, or other physical damages can have a negative impact on the elderly’s pride and dignity. It can leave them depressed, anxious, and may suffer from chronic mental conditions. The court may award compensation for any loss related to disfigurement.

Loss of Enjoyment of Life

An injury can greatly impact the elderly’s ability to live a normal life. They may no longer be able to perform activities without hindrance. For this reason, the elderly may also be able to recover damages related to loss of enjoyment of life.

Shortened Life Expectancy

The court will take into consideration the established standard life expectancy when computing for damages. The elderly’s attorney may be able to enhance the compensation as a result of medical and technological innovations which can extend life expectancy. Good habits and healthy lifestyle may also be included to increase the compensation.

Punitive Damages

When malicious or reckless behavior on the part of the nursing home is established, the court may award punitive damages. Violation of the elderly’s statutory rights can also be added to the compensation.

Wrongful Death

If the elderly dies due to the misconduct of the nursing home, the surviving members of the family of the elderly may file a wrongful death claim and recover damages in the process.

Leave a Reply

Your email address will not be published. Required fields are marked *