What’s recoverable in a nursing home injury claim

| Aug 24, 2018 | Nursing Home Injuries

Ohio residents who have been hurt by improper conduct at a nursing home may have grounds for a personal injury claim. Before filing, however, it’s important to monitor injuries and keep financial records. Expenses to record include hospital, nursing and laboratory fees as well as the cost of any medications and prosthetic devices. One must also anticipate future medical expenses if the injuries have caused long-term disabilities.

Victims may be compensated not only for these expenses but also for their pain and suffering. Such a claim could even cover any pain and suffering that is likely to arise in the future and “phantom” pain, which may not be readily apparent to others. If the injuries lead to a loss of enjoyment of life, this could increase the amount of a settlement.

Damages can additionally be awarded for mental suffering. For example, the fear of knowing that a particular incident would cause injury, awaiting medical help and knowing the need for surgery. Anxiety about one’s increased vulnerability as well as specific conditions like post-traumatic stress disorder are classified under mental suffering.

Other damages include punitive damages, which apply to cases where nursing home employees act recklessly or maliciously, and the damages awarded to heirs and dependents in the case of death. The latter could include loss of support or consortium, mental anguish and funeral expenses.

Filing a claim related to nursing home abuse or neglect can be difficult without a lawyer, so hiring one is recommended. A lawyer could bring in third parties to investigate the incident and gather proof of the incident, such as any surveillance footage. Medical experts could come in and prove that the reported injuries are all related to the incident. Once the case is ready, the lawyer could begin negotiations for a settlement, litigating if one cannot be achieved.

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